Common use of Landlord’s Obligations Clause in Contracts

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as specifically provided in this Lease, Landlord shallshall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and at its sole cost Tenant assumes full responsibility for obtaining and expensepaying for all services, make all necessary capital facilities and non-capital repairsutilities to the Premises. Landlord will repair, replace and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) maintain the Common AreasArea, the Building Systems and (iii) the Building mechanicalStructure, electrical, plumbing, elevator and HVAC systems servicing the Buildingunless Tenant has assumed responsibility for such services. Landlord shall additionally make certain minor ordinary course repairs to also provide the Leased Premises, including ceiling tile replacement, light bulb replacement in Premises with interior and exterior window washing services and five (5) day per week janitorial service and shall provide the Common AreasAreas with landscaping services; provided, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryhowever, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install assume responsibility for providing janitorial services at the Premises (and if Tenant does so, it shall not pay the cost of janitorial service at the Premises as part of Building Operating Expenses). All window washing and janitorial services, whether provided by Landlord or Tenant, must meet the standards commensurate with Class A office buildings located in the Midpoint Technology Park in Redwood City. Tenant shall notify Landlord in writing when it becomes aware of the need for any additional security system repair, replacement or maintenance which is Landlord’s responsibility under this Section of which it becomes aware. The costs of such repair, replacement and maintenance shall be included in Common Area Operating Expenses to the extent provided in Article 7; provided that, subject to Section 13.6, Tenant shall reimburse Landlord in full and within twenty (20) business days after written demand for the Leased Premises at its sole cost of any repair to the Project, Building Structure or Building Systems which is attributable to misuse by Tenant or Tenant’s Agents. The reimbursement shall be Additional Rent. Tenant hereby waives and expense and releases any such installation shall constitute an Alteration (as defined right it may have under any law, statute or ordinance now or hereafter in Section 6.2 hereof) for purposes of this Lease; provided effect to make any repairs which are Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameobligation under this Section. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Without limitation on the provisions of Sections 5.2, 5.3, 6.3(b), 6.3(c), Article Seven (aDamage or Destruction) and Article Eight (Condemnation), Landlord shallshall maintain and repair (and replace, and as necessary) throughout the Term of this Lease, at its sole cost and Landlord’s expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components elements of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacementwithout limitation the foundation, light bulb replacement in structural columns, footings, exterior walls, slab and structural portions of the Common Areasroof, door repairs as well as subterranean elements of the Land (including sinkholes) and repair re-asphalting (if necessary) of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease Parking Area (as opposed to slurry sealing, which shall be Tenant’s responsibility), except to the contraryextent that the need for such maintenance and repairs are caused by the negligence or willful misconduct by Tenant or Tenant Parties, in the event that Landlord which case Tenant shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange responsible for and supervise rubbish removal, snow removal, lawn and landscaping service, such maintenance and repairs except to the extent the same are covered by insurance maintained by Landlord. If Landlord fails to maintain or repair for the Common Areas, including the sidewalks, driveways and parking area, Premises as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for required by this Section 6.2 or fails to discharge its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for obligations under any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination other provisions of this Lease, Tenant shall return all may, without limitation on its other rights or remedies, upon ten (10) business days’ prior notice to Landlord (and Landlord’s failure to commence the maintenance or repair in question within such keys time and electronic key cards thereafter diligently pursue such repair, replacement or maintenance to completion), perform such maintenance or repair or other obligation on behalf of Landlord. In additionsuch case, Landlord shall reimburse Tenant for all reasonable costs incurred in performing such maintenance or repair within thirty (30) days after Tenant’s statement or invoice therefore plus an administrative charge of 10% of such invoice amount, which statement or invoice shall have be accompanied by reasonable evidence of the right amounts owed. All work done by Landlord shall be done in a good and workmanlike manner, by reputable, licensed and insured contractors, using quality materials and workmanship commensurate with the condition of the Premises. In performing such work, but subject to install any additional security system Section 6.3(b) below, Landlord shall be solely responsible for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (compliance with all Applicable Requirements as defined in Section 6.2 hereof) for purposes below, as well as alterations, additions and requirements of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted Americans With Disabilities Act, OSHA, and (ii) not be conditioned upon a requirement for Tenant to remove similar State and local requirements, the samelocal Air Quality Management District, requirements of the local building authorities, fire officials, insurance underwriters and all other public entities having jurisdiction. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall maintain or cause to be maintained in good order, condition, and at its sole cost repair consistent with Class A buildings in the area, the Building and expense, make all necessary capital and non-capital Building Common Areas of the Condominium not the obligation of Tenant. Such repairs, replacements and replacements to maintenance shall include (iwithout limitation): (a) the foundations, outer wallupkeep of the roof, roof membrane and other roof systems (gutters, downspouts and the like), foundation, exterior walls, interior structural walls, and all structural components of the BuildingPremises, and the Building and (iib) the Common Areasmaintenance and repair of all parking areas, sidewalks, landscaping and drainage systems on the Property and all utility systems (iii) Building including mechanical, electrical, plumbing, elevator and HVAC systems) and plumbing systems servicing which serve the BuildingBuilding as a whole and not a particular tenant’s premises. Landlord shall additionally make certain minor ordinary course all repairs under this Section promptly after Landlord learns of the need for such repairs but in any event within thirty (30) days after Tenant notifies Landlord of the need for such repairs (except when the repairs require more than thirty (30) days for performance and Landlord commences the repair within thirty (30) days and diligently pursues the repair to completion). In the Leased Premisescase of a disagreement between the parties with respect to a party’s repair and maintenance obligations hereunder, including ceiling tile replacement, light bulb replacement either party may utilize the alternative dispute resolution procedure set forth in Exhibit D. (b) Except as caused by the Common Areas, door repairs and repair negligence or willful misconduct of window treatment mechanicals. Notwithstanding the foregoing Landlord or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, its agents, contractors, directorsor employees or as otherwise expressly provided in this Lease, officers, employees, guests, invitees, customers or licensees, Landlord shall have committed waste uponno liability to Tenant nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, abused annoyance, interruption or otherwise damaged injury to business arising from Landlord’s making any of, the structures, systems, improvements reasonable repairs or reasonable changes which Landlord is required or permitted by this Lease or by any other components tenant’s lease or required by law to make in or to any portion of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the BuildingPremises. (c) Landlord shall provide Tenant do all acts required to comply with such number all applicable laws, ordinances, and rules of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice public authority relating to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant ’s maintenance obligations as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameset forth herein. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and unless such maintenance or repairs are required because of any negligent or intentional act or omission of Tenant or its agents, employees, contractors, customers or invitees, Landlord shallshall keep the following in good order, condition and at its sole cost repair, reasonable wear and expense, make all necessary capital and non-capital repairs, and replacements to (i) tear excluded: the foundations, outer wallslabs, roof and other structural components elevators, stairs, restrooms existing as of the BuildingEffective Date, exterior walls and roof of the Premises (iiincluding painting the exterior surface of the exterior walls of the Premises not more often than once every five (5) years, if necessary); the Common Areas, heating and (iii) Building mechanical, electrical, plumbing, elevator and HVAC air conditioning systems servicing the Premises (“HVAC System”) to the extent not covered by the preventive maintenance contract to be maintained by Tenant in Section 6.4(b) below; parking lot surfaces; and all components of electrical, mechanical, sprinkler, fire life safety and plumbing and other building systems and equipment not constructed by Tenant and improvements located outside the interior of the Premises. However, Landlord shall not be obligated to maintain or repair interior windows, doors, plate glass, the interior surfaces of exterior walls or other interior improvements in the Building or Premises, or to provide janitorial services to the Premises or interior Common Areas during the time period that Tenant is leasing the entire Building (and, if the Building is multi-tenant, at Tenant’s request, Landlord shall provide janitorial services as part of Operating Expenses for Common Areas during such time as Tenant is not leasing the entire Building). Landlord shall additionally make certain minor ordinary course repairs to under this Section 6.3 within a reasonable time after receipt of written notice from Tenant of the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsneed for such repairs. Notwithstanding any of the foregoing or anything contained elsewhere terms and conditions set forth in this Lease to the contrary, if Tenant provides notice (or oral notice in the event of an “emergency,” as that term is defined, below) to Landlord shall reasonably determine that Tenant, of an event or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged circumstance which requires the action of Landlord with respect to repair and/or maintenance required on any of, the structures, systems, improvements or other components floor of the Building containing space leased by Tenant, including repairs to the Building structure and/or Building system located on such floors (and including the Building structure or Building systems not located on floor(s) of the Leased Premises described inBuilding leased by Tenant but which service any portion of the Premises), which event or contemplated by, this subsection, Landlord shall cause them circumstance with respect to be repaired the Building structure or replaced, as necessaryBuilding system materially or adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence corrective action within a reasonable period of time, given the cost thereof shall constitute circumstances, after the receipt of such notice, but in any event not later than thirty (30) days after receipt of such notice, then Tenant may proceed to take the required action upon delivery of an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within additional ten (10) business days’ notice to Landlord specifying that Tenant is taking such required action (provided, however, that the initial thirty (30) day notice and the subsequent ten (10) day notice shall not be required in the event of an emergency) and if such action was required under this Lease to be taken by Landlord and was not commenced by Landlord within such ten (10) business day period and thereafter diligently pursued to completion, then Tenant shall be entitled to take such action and receive prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action plus interest thereon at the Interest Rate. In the event Tenant takes such action, Tenant shall use only those contractors used by Landlord in the Building for work unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in Comparable Buildings. Promptly following completion of any work taken by Tenant pursuant to the terms and conditions of this Section 6.3(a), Tenant shall deliver a detailed invoice of the work completed, the materials used and the costs relating thereto. If Landlord does not deliver a detailed written objection to Tenant within thirty (30) days after receipt of an invoice therefor from Tenant, then Tenant shall be entitled to deduct from Rent payable by Tenant under this Lease, the amount set forth in such invoice. If, however, Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant’s invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms and conditions of this Lease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been excessive), then Tenant shall not then be entitled to such deduction from Rent. If Landlord objects to any deduction from Rent, Tenant may proceed to claim a default by Landlord and file an applicable action. If Tenant prevails in the action, the amount of the judgement (which shall include interest at the Interest Rate from the time of each expenditure by Tenant until the date Tenant receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Tenant from the Rent next due and owing under this Lease. For purposes of this Section 6.3(a), an “emergency” shall mean an event threatening immediate and material danger to people located in the Building or immediate, material damage to the Building, Building systems, Building structure, tenant improvements, or alterations, or creates a realistic possibility of an immediate and material interference with, or immediate and material interruption of a material aspect of Tenant’s business operations. (b) Tenant shall pay or reimburse Landlord for any cost incurred all costs Landlord incurs under Section 6.3(a) above (excluding costs to correct latent or patent defects in the initial construction of the shell Building or Common Areas which shall be paid by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and expense) as Operating Expenses to the extent set forth in Section 4.2 of the Lease. Except as otherwise set forth herein, in no event shall Tenant be entitled to undertake any such installation shall constitute an Alteration (as defined maintenance or repairs, whether at the expense of Tenant or Landlord, and Tenant hereby waives the benefit of any statute or law in Section 6.2 hereof) for purposes of this Lease; provided effect now or in the future which might give Tenant the right to make repairs at Landlord’s prior written consent for expense or to terminate this Lease due to Landlord’s failure to keep the additional security system shall (i) be deemed to have been granted Premises in good order, condition and (ii) not be conditioned upon a requirement for Tenant to remove the samerepair. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall keep in good condition, order and repair the foundation and exterior walls of the Building (a) Landlord shallexcluding the interior of all walls and the exterior and interior of all windows, doors, plate glass, and at its sole cost and expense, make all necessary capital and non-capital repairsshow cases), and replacements to (i) the foundations, outer wall, exterior roof and other structural components of the BuildingBuilding (except that Tenant shall repair at Tenant's expense any damage caused by the activities of Tenant, (ii) Tenant's HVAC maintenance service contractor, and/or Tenant's other agents on the Common Areasroof, including but not limited to the installation of air conditioning equipment and/or duct work, or other roof penetrations, and improper flashing or caulking, and any damage to exposed air conditioning equipment and duct-work installed by or for Tenant). Expenses incurred by Landlord in connection with the above described obligations shall be Operating Expenses hereunder, except for expenses incurred in connection with maintaining the roof structure (iii) but not the roof membrane), foundation and exterior walls of the Building mechanicalwhich shall be borne solely by Landlord. Notwithstanding the foregoing, electrical, plumbing, elevator and HVAC systems servicing Tenant shall not be required to pay as Operating Expenses the Buildingcost of any repair or maintenance respecting the roof membrane which Tenant is able to demonstrate to the reasonable satisfaction of Landlord is required as a result of Landlord's activity on the roof or a defect in construction performed by Landlord. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of also paint the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them from time to be repaired or replaced, time as reasonably necessary, and the cost thereof shall constitute be an Advance. (b) Operating Expense. Landlord shall arrange for and supervise rubbish removalexercise reasonable diligence in performing such repairs as soon as practicable. However, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days have no obligation to make repairs under this Paragraph 10.2 until a reasonable time after Landlord's receipt of an invoice therefor written notice from Tenant of the need for such repairs. 20 Except as otherwise specifically provided herein, there shall be no abatement of rent or other sums payable by Tenant prior to or during any repairs by Tenant or Landlord, and Tenant shall reimburse Landlord waives all claims for any cost incurred by Landlord loss of business or lost profits relating to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samerepairs. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary repairs and replacements of both capital and non-capital repairs, and replacements nature to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) On or prior to the Commencement Date, Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind. Notwithstanding the foregoing, Landlord shall deliver the Leased Premises with the leasehold improvements set for the in Section 6.1 of the Lease.

Landlord’s Obligations. (a) Subject to the below limitations on Landlord's liability, Landlord shall, during the Term, be responsible for and at its sole cost shall perform and expensepay directly for all Capital Repairs and Replacements to the equipment, make all necessary capital and non-capital repairsbuilding, and replacements improvements comprising the Powerhouse and the related distribution system serving the Complex which are necessary to meet the contractual requirements under the Konarka ESA or with other users within the Complex, or required by Applicable Law. "Capital Repairs and Replacements" are (i) the foundationsall repairs costing more than $25,000, outer wall, roof and other structural components of the Building, (ii) the Common Areasany other repairs, and (iii) Building mechanicalreplacements, electrical, plumbing, elevator and HVAC systems servicing the Buildingor installations having a useful life longer than one year which would be capitalized under generally accepted accounting principles or prevailing real estate practice. Landlord shall additionally make certain minor ordinary course repairs has agreed to perfoint the repair described in Exhibit H attached hereto as a Capital Repair and Replacement. Landlord has not agreed to or authorized any other Capital Repair or Replacement. Notwithstanding anything to the Leased Premises, including ceiling tile replacement, light bulb replacement contrary contained in the Common AreasShort-Term Energy Services Agreement, door repairs and repair of window treatment mechanicals. Notwithstanding so long as Landlord is both the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components owner of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordpurchaser under the Short-Term Energy Services Agreement, Tenant shall reimburse not have the right to charge Landlord for any cost incurred by Capital Repairs and Replacements under such Short-Term Energy Services Agreement. If Landlord refuses to replace perform, approve, or pay for any lost key Capital Repair or electronic key card Replacement, as Tenant's sole and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionexclusive remedies, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall either (i) terminate this Lease by written notice to Landlord, and upon such termination, Tenant shall surrender the Premises in accordance with Article XXI hereof, and upon such surrender, the Security Deposit (or so much thereof as has not been applied) shall be deemed returned to have been granted and Tenant, or (ii) exercise the Purchase Option. Tenant shall not be conditioned upon obligated to perform any Capital Repairs and Replacements if Landlord does not agree to pay for or perform such repairs. In no event shall Landlord be obligated to pay for any capital work or improvements which relate to Tenant's construction of the Project. If Landlord pays for the cost of a requirement Capital Repair or Replacement, then Tenant shall seek reimbursement for Tenant that cost under the Konarka ESA (to remove the sameextent permitted thereunder), and shall promptly pay to Landlord any amounts paid by Konarka Technologies, Inc., a Delaware corporation (or its successor under the Konarka ESA, including Konarka NB Holdings, LLC) in respect of such repair or replacement. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall maintain the Building Common Area and Common Area, including the Building Systems and lobbies, stairs, elevators, corridors, restrooms, all exterior landscaping and windows serving the Building, and at its sole cost and expensethe roof, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof foundation and other structural components of the Building, (ii) the Common AreasBuilding itself, and all Building Systems (iiiincluding those portions of Building Systems located within the Premises) Building mechanicalexcept for damage not insured under Landlord’s insurance policies (excluding normal wear and tear), electrical, plumbing, elevator and HVAC systems servicing caused by the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair negligence or willful misconduct of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or any assignees or subtenants permitted hereunder, or employees, or agents of Tenant. Any of such repairs necessitated by the active or passive negligence, willful misconduct of Tenant, or any assignees or subtenants permitted hereunder, or employees, or agents of Tenant shall be performed by Landlord, at Tenant’s ownerssole cost and expense. The maintenance for the Building, agentsincluding without limitation the roof, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or foundation and other structural components of the Building and Common Areas and all Building Systems shall be subject to Landlord’s sole management and control and shall be operated and maintained in such manner as Landlord in its sole and absolute discretion, shall determine so long as it is at least comparable to that of other similar buildings in the Xxxx Xxxxx Airport submarket of Orange County, California. Tenant shall immediately notify Landlord of any damage to the Premises or any other need for repair to any aspect of the Premises or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them Building Property. Subject to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination Article 12 of this Lease, Tenant Landlord shall return all repair and maintain with commercially reasonable diligence after notice thereof from Tenant, defects in, and damage to, the Building Systems installed by Landlord and serving or located on the Premises. If such keys maintenance and electronic key cards to Landlord. In additionrepair is required in part or in whole by the active or passive negligence or willful misconduct of Tenant, its agents, employees, or contractors, Tenant shall have pay to Landlord the right cost of such maintenance and repairs, except to install any additional security system for the Leased Premises at its sole cost and expense and any extent Tenant has been relieved of such installation shall constitute an Alteration (as defined in liability under Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.11.6

Landlord’s Obligations. (a) Landlord shallshall keep in good order, condition and repair, at its Landlord’s sole cost and expense, make all necessary capital the roof membrane and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components parts of the Building, (ii) which structural parts include only the Common Areasfoundation, subflooring, roof structure, exterior walls and (iii) Building mechanical, electrical, exterior plumbing, elevator and HVAC systems servicing except that any damage thereto caused by the Buildingnegligence or willful misconduct of Tenant or Tenant’s agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant’s agents, employees or contractors, shall be repaired at Tenant’s expense. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premisesalso maintain in good order, including ceiling tile replacement, light bulb replacement in condition and repair the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components Areas of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for Outside Area of the Project and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for the cost thereof as provided in Paragraphs 17.C and 17.D. The manner in which the Common Area and the Outside Area shall be maintained and the expenditures therefor shall be at the sole discretion of Landlord. Landlord shall at all times have exclusive control of the Common Area and Outside Area and may at any cost incurred by time temporarily close any part thereof, exclude and restrain anyone from any part thereof, except the bona fide customers, employees and invitees of Tenant who use the Common Area and Outside Area in accordance with the rules and regulations as Landlord may from time to replace time promulgate, and may change the configuration or location of the Common Area and Outside Area. In exercising any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordsuch rights, Landlord will deactivate shall make a reasonable effort to minimize any electronic key card specifically identified by disruption of Tenant’s business. Tenant as having been lost. Upon expiration waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or earlier termination successor law regarding Tenant’s right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (aA) Subject to the provisions of Article VIII hereof, Landlord shallshall during the Term of this Lease keep in first-class order, condition and repair the foundations, exterior walls (excluding the interior surface of exterior walls and excluding all windows, doors, plate glass and showcases), downspouts, gutters and roof of the Premises, and other structural portions of the Premises, and Property plumbing, electrical, mechanical, and sprinkler systems (only to the point of connection to the Premises) except for reasonable wear and tear; provided, however, that Landlord shall have no obligation to repair until a reasonable time after the receipt by Landlord of notice of the need for repairs. Tenant shall reimburse Landlord for the actual out-of-pocket cost thereof within thirty (30) days following Tenant’s receipt of an invoice for such work, said costs to be allocated as provided in Section 13.05. Tenant agrees that it will promptly notify Landlord of the need for any such repair after Tenant becomes aware of same. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord’s expense. Notwithstanding anything to the contrary in this Lease, there is reserved to Landlord the use of the exterior walls and roof and the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires through the Premises in locations which will not materially interfere with Tenant’s use thereof, at Landlord’s sole cost and expense. Landlord, at its sole cost and expense, make shall repair all necessary capital and non-capital repairs, and replacements damage caused to (i) the foundations, outer wall, roof and other structural components Premises as the result of the Building, foregoing work performed by Landlord. (iiB) Landlord shall also repair and maintain the Common AreasAreas of the Property, including, but not limited to, the roof, the foundation, exterior walls, the structural portions of the Property and any load-bearing interior walls, the public portions of the Property interior and the Property’s common plumbing (iii) Building mechanicalincluding water and waste lines), electrical, plumbingmechanical, elevator elevator, sprinkler, security systems and HVAC systems servicing the Buildingmonitoring, fire command, life safety and heating system. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost Tenant’s Proportionate Share of all costs and expenses paid or incurred by Landlord for the maintenance and repair of the Common Areas of the Property, in accordance with the provisions of Section 13.05 herein (unless the same is required as a result of Landlord’s gross negligence or willful misconduct, in which case such costs shall be incurred solely by Landlord), except that if the repair or replacement so required is extraordinary or generally non-reoccurring and such repair is caused by Tenant’s negligence or willful misconduct, then Tenant shall reimburse Landlord for the cost thereof within thirty (30) days following an invoice for such work. Such costs shall exclude partial or complete restoration necessitated by casualty, but shall include Landlord’s cost of insuring the Premises as provided in Section 7.03 hereof. Notwithstanding anything to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leasethe contrary herein, Tenant shall return all such keys not be responsible for reimbursing Landlord for any costs and electronic key cards to Landlordexpenses incurred by Landlord for the maintenance and repair of the Common Areas of the Property solely resulting from the negligence or misconduct of any other tenant or occupant of the Property. In additionExcept as amortized over the useful life thereof, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement responsible for Tenant capital repairs or improvements to remove the sameProperty. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Except as otherwise provided in this Lease, Landlord will keep and maintain the following in good, clean and fully operative order, condition and repair, and in compliance with all applicable Requirements, reasonable wear and tear excepted: (a) Landlord shallthe footings, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wallslabs, floors, columns, exterior walls, exterior windows, plate glass, exterior doors, roof and other all structural components systems and elements of the Building, Building (iiincluding the structural integrity thereof); (b) the Common Areaselectrical, and lighting, mechanical (iii) Building mechanical, electricalincluding elevators), plumbing, elevator heating and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, air conditioning systems, improvements or other facilities and components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as to the extent the same are Building Standard or constitute Landlord Improvements (or Landlord’s replacements thereof), other than those portions thereof that are located entirely within the Premises and serve no party other than Tenant; (c) light bulbs, tubes, ballasts and starters to the extent the same are Building Standard or constitute Landlord Improvements (or Landlord’s replacements thereof), (d) demising walls in the Building (other than those installed by Tenant, and excluding the interior surfaces of such walls located within the Premises or the premises of any other tenant), and (e) Common Area (subject to and in accordance with all other terms and conditions of this Lease relating to Common Area), including the surface area of any walls, windows, doors and plate glass within the Common Area. Tenant shall will reasonably require for its owners and employees. Within ten (10) days after receipt cooperate with Landlord to facilitate the performance of an invoice therefor from Landlord’s obligations under this Section 7.1, Tenant shall reimburse Landlord for including any cost incurred entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s personal property, all as Landlord may determine is reasonably necessary to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordproperly perform such obligations; provided, however, that Landlord will deactivate not materially and adversely interfere with Tenant’s use of the Premises during any electronic key card specifically identified such entry or temporary relocation. Notwithstanding the foregoing, if Tenant reasonably determines that any such temporary relocation of tenant’s personal property proposed by Tenant as having been lost. Upon expiration or earlier termination Landlord would materially and adversely affect Tenant’s use of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionthe Premises, Tenant shall have the right to install any additional security system for object to the Leased Premises at its sole cost same, in which event Landlord shall not be permitted to require such relocation; provided, however, that in the event Tenant so objects to such temporary relocation of Tenant’s personal property, and expense Landlord is not reasonably able to perform Landlord’s obligations set forth in this Section 7.1 without such relocation of Tenant’s personal property, then Landlord will not be required to perform such obligations unless and any until Tenant permits such installation shall constitute an Alteration (as defined in relocation. Landlord’s repair and maintenance obligations under this Section 6.2 hereof) for purposes are subject to the provisions of Articles 11 and 12 of this Lease; Lease regarding any casualty or Taking. The costs and expenses incurred by Landlord in performing its obligations under this Section will be included in Operating Expenses (but only to the extent provided under the definition thereof). In all events, (a) Landlord will perform Landlord’s prior written consent for obligations under this Section 7.1 in a manner so as to reasonably minimize interference with Tenant’s operations within the additional security system shall (i) be deemed to have been granted Premises, and (ii) not be conditioned upon a requirement for Tenant to remove the same. (db) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same reasonably cooperate with Landlord in their “as is” condition, without warranty of any kindconnection with such performance.

Landlord’s Obligations. (a) Landlord shallwill maintain and repair, and at its sole cost cost, all Travel Center parking areas in a manner in keeping with normal Travel Center operations and expense, make all necessary capital in a manner sufficient for proper installation and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components operation of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the BuildingUnits. Landlord shall additionally make certain minor ordinary course repairs allow Lessee’s employees access to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs public restrooms and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancerestaurant facilities at each installed site. (b) Landlord will keep all Travel Center parking areas clear such that Lessee may install its Units without interruption and such that professional drivers have unimpeded access to the Units after installation. Landlord shall arrange for and supervise rubbish removalcooperate with Lessee to assist Lessee to complete its installation process, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Buildingbut Landlord shall not be required to incur any costs in this regard. (c) Landlord will allow prominent placement of advertising materials, vending machines and/or other equipment used in connection with the rental and promotion of the Units at each Travel Center with the placement to be mutually agreed upon prior to installation. (d) Landlord will allow, and provide space and servicing for, the retail sale of IdleAire pre-paid debit cards at each Travel Center and will collect all revenues therefor. Landlord will not permit any pre-paid debit card sales for any products or services of any competitor of Lessee at any Travel Center. Lessee shall provide Tenant with such number invoice Landlord on a monthly basis for all revenues owed by Landlord from the sale of keys and electronic key the IdleAire pre-paid debit cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within within ten (10) days after receipt of an invoice therefor from Landlord, Tenant each calendar month end and Landlord shall reimburse Landlord provide payment to Lessee for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards revenues within fifteen (15) days of invoice. (e) Landlord shall allow Lessee to Landlord. In additioninstall, Tenant shall have the right to install any additional security system for the Leased Premises at its Lessee’s sole cost and expense expense, underground, above ground and in the Equipment Area, all of the Units, mechanical supporting structures, distribution equipment, cabling and conduit for electrical power, telephone and cable television, centralized servers, routers and other equipment, utility service connections for electrical power, telephone, cable television and internet access, equipment and related items necessary for proper operation of the Units and to provide the Services throughout the truck parking areas at each Travel Center (the “IdleAire System”). (f) Landlord shall, for the Term of this Agreement (and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) renewal term), allow Lessee unimpeded access to the Premises of each Travel Center at which the Units are installed for purposes of this Lease; provided Landlord’s prior written consent maintaining, repairing, replacing and operating the IdleAire System and for the additional security system purpose of providing the Services. All such operations will be carried out by Lessee in a manner so as to give professional drivers substantially unimpeded access to the parking areas during periods of construction, maintenance, and repair. (g) Landlord shall make available to Lessee a sufficient area in which to install the IdleAire System, including: (i) be deemed to have been granted and such area as is required for the installation of Units; (ii) not be unlimited access to a secured air-conditioned upon a requirement interior area of approximately one hundred (100) square feet for Tenant the installation and operation of all monitoring equipment; and (iii) an area at the fuel desk and/or the travel store for installation of any equipment required for activation and rental of the Units (hereinafter collectively referred to remove as the same“Equipment Area”). Landlord shall allow Lessee an area in each travel center for the placement of an IdleAire kiosk for the purposes of promoting the sales of different components of the IdleAire system. (dh) Tenant acknowledges that it has inspected Lessee shall have continued access to the Leased Equipment Area and all parking areas for purposes of installing, repairing and monitoring the IdleAire System. So long as such activities do not impede landlord or other guests and invitees from using the parking areas at the travel center. Lessee shall take care and make every reasonable effort to minimize, to the extent practical, damage and disruption to the Premises and Landlord’s business operations during the mechanicalinstallation and operation of the IdleAire System at each Travel Center. Lessee will repair any material damage to the Travel Center which is caused by Lessee. However, electricalLessee shall not be responsible for any existing defects or deficiencies or the normal wear and tear to the parking lot or the Travel Center. (i) Landlord shall take no action to discourage, plumbing and heatinglimit or impair utilization of the Units, ventilation and air conditioning systems serving Services or the Leased Premises and IdleAire System. (j) In consideration of the Lease Consideration to be paid to Landlord hereunder, Landlord agrees that any rights with regard to accept the same in their “as is” conditiongeneration, without warranty sale, trading or other use of any kind[*** ***] which may result from the installation of the Equipment on the Truck Parking Areas shall be retained solely by Lessee.

Landlord’s Obligations. (a) Landlord shallLANDLORD, and at its sole cost and expense, shall make all necessary capital repairs to the footings, foundation, structural steel columns-, exterior walls and non-capital repairsgirders forming a part of the Premises, provided that LANDLORD shall not have responsibility to make any repair until LANDLORD receives written notice of the need for such repair and LANDLORD confirms such repair is necessary. LANDLORD represents and warrants that the Property contains no structural defects and requires no major repairs or replacements, all building systems are in good working order at the time of TENANT’S occupancy, and replacements the Property is served by all utilities necessary for the operation thereof as typical office space of similar type and kind. -Additionally, TENANT’S liability to repair the HVAC systems shall be limited to no more than One Thousand Five Hundred ($1,500.00) Dollars annually for the term of the lease. Should an HVAC unit require replacement during the term of the lease, LANDLORD shall replace the unit at its sole expense as a capital expense for the Property. Subject to the limitations set forth in this Section D.1, LANDLORD, at TENANT’S sole expense, shall maintain and repair the HVAC systems appurtenant to the Premises. LANDLORD also maintains the Property’s Common Utility systems, and, other systems that do not serve the Premises exclusively, and makes all necessary repairs to the roof, grounds, and common areas, the costs of which are an operating expense, payable by the TENANT in its TENANT’S Share. “Walls” excludes windows, glass, plate glass, doors, custom storefronts, and entry areas. Unless this Lease is terminated due to any casualty or taking, LANDLORD, as and when necessary, (i) restores the foundationsProperty’s roof, outer wallfoundation, roof and other structural components of the Buildingexterior walls, (ii) the Common Areascommon systems, and (iii) Building mechanicalcommon areas, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises restores any improvements, equipment, and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems installations within or serving the Leased Premises and agrees Premises, except those installed by TENANT or by LANDLORD for TENANT’S account. Notwithstanding the foregoing, LANDLORD is not obligated to accept the same in their “as is” condition, without warranty of restore any kind.damage caused by TENANT. Reasonable advance written notice is an absolute condition precedent to

Landlord’s Obligations. (a) Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord shallunder the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at its sole cost the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and expensecleaning service, make all necessary capital if any, except to the extent that the same is due to Sublandlord’s negligence or willful misconduct; and non-capital repairsno failure to furnish, and replacements or interruption of, any such services or facilities shall give rise to any (i) the foundationsabatement, outer walldiminution or reduction of Subtenant’s obligations under this Sublease, roof and other structural components of the Building, or (ii) liability on the Common Areaspart of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may reasonably be indicated, under the circumstances, to secure such performance upon Subtenant’s request to Sublandlord to do so and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing shall thereafter diligently prosecute such performance on the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair part of window treatment mechanicalsLandlord. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in if Sublandlord is entitled to an abatement of rent payable under the Master Lease as a result of an event that Landlord shall reasonably determine that Tenant, or Tenantwhich affects the Subtenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, ability to use the structures, systems, improvements or other components portion of the Building or Master Lease Premises in which the Leased Subleased Premises described inare located, or contemplated by, this subsection, Landlord shall cause them Subtenant will be afforded a similar abatement of Rent payable hereunder to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advanceextent that the abatement under the Master Lease applies to such area. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair and replace as necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (aincluding elevator shafts) Landlord shall(collectively, and "BUILDING STRUCTURE") at its sole cost and expense. Landlord shall also maintain, make all repair and replace as necessary capital the parking areas, sidewalks and non-capital repairsaccess roads (including snow and ice removal), landscaping, fountains, water falls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men's and women's washrooms, Building mechanical, electrical and telephone closets, and replacements to (i) all common and public areas and the foundationsBuilding security, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, life safety, plumbing, elevator sprinkler systems and HVAC systems servicing (collectively, the Building"BUILDING SYSTEMS") and all other Common Areas within the Project, and the cost of such maintenance and repair (or the amortized portion of the capital expenses of such maintenance and repairs, as applicable), shall be included in Operating Expenses. Landlord shall additionally make certain minor ordinary course undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this SECTION 7.1 promptly after Landlord learns of the Leased Premisesneed for such maintenance, including ceiling tile replacementrepairs and replacements, light bulb but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of emergency (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property), Landlord shall perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such maintenance, repairs and replacements. In the event that any maintenance, repair and/or replacement is required of the air handlers and chillers servicing the Lab Areas, and Tenant expects that Tenant will suffer monetary loss or damages if such work is not completed immediately, Tenant shall give notice of such situation to Landlord and Landlord's property manager, clearly stating the emergency nature of the situation, and if Landlord is unable to proceed to effect such maintenance, repairs or replacements immediately, Tenant may do so, and the cost of such work shall be allocated and paid for as provided in the Common Areas, door repairs and repair next paragraph of window treatment mechanicalsthis Section 7.1. Notwithstanding the foregoing or anything contained elsewhere in this Lease herein to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten reimburse Landlord as Additional Rent, within thirty (1030) days after receipt of an invoice therefor from Landlord's invoice, Tenant shall reimburse Landlord for any cost incurred by Landlord all costs paid to replace any lost key or electronic key card third parties associated with the repair, maintenance and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination replacement of this Lease, Tenant shall return all such keys the air handlers and electronic key cards to Landlord. In addition, Tenant shall have chillers which service the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Lab Areas (as defined in Section 6.2 hereofSECTION 6.2, above) of the Premises and such costs shall thereafter not be included in the calculation of Operating Expenses. Notwithstanding the foregoing, with respect to all costs for purposes replacements of this Lease; provided the air handlers and chillers (or components thereof) which service the Lab Areas that are capital in nature under generally accepted accounting principles, at Tenant's option, to be exercised within thirty days after receipt of Landlord’s prior written consent 's first invoice for such costs, in lieu of reimbursing Landlord within thirty days, such costs shall be amortized (with interest at a twelve percent (12%) per annum) over the additional security system shall lesser of (i) be deemed to have been granted and the remaining Term of the Lease, or (ii) not be conditioned upon the useful life of the item being replaced, and Tenant shall pay Landlord, as Additional Rent, on a requirement for Tenant to remove monthly basis, the sameamortized portion and interest applicable thereto. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair and replace as necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (aincluding elevator shafts) Landlord shall(collectively, and “BUILDING STRUCTURE”) at its sole cost and expense. Landlord shall also maintain, make all repair and replace as necessary capital the parking areas, sidewalks and non-capital repairsaccess roads (including snow and ice removal), landscaping, fountains, water falls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and replacements to (i) all common and public areas and the foundationsBuilding security, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, life safety, plumbing, elevator sprinkler systems and HVAC systems servicing (collectively, the Building“BUILDING SYSTEMS”) and all other Common Areas within the Project, and the cost of such maintenance and repair (or the amortized portion of the capital expenses of such maintenance and repairs, as applicable), shall be included in Operating Expenses. Landlord shall additionally make certain minor ordinary course undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this SECTION 7.1 promptly after Landlord learns of the Leased Premisesneed for such maintenance, including ceiling tile replacementrepairs and replacements, light bulb but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of emergency (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property), Landlord shall perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such maintenance, repairs and replacements. In the event that any maintenance, repair and/or replacement is required of the air handlers and chillers servicing the Lab Areas, and Tenant expects that Tenant will suffer monetary loss or damages if such work is not completed immediately, Tenant shall give notice of such situation to Landlord and Landlord’s property manager, clearly stating the emergency nature of the situation, and if Landlord is unable to proceed to effect such maintenance, repairs or replacements immediately, Tenant may do so, and the cost of such work shall be allocated and paid for as provided in the Common Areas, door repairs and repair next paragraph of window treatment mechanicalsthis Section 7.1. Notwithstanding the foregoing or anything contained elsewhere in this Lease herein to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten reimburse Landlord as Additional Rent, within thirty (1030) days after receipt of an invoice therefor from Landlord’s invoice, Tenant shall reimburse Landlord for any cost incurred by Landlord all costs paid to replace any lost key or electronic key card third parties associated with the repair, maintenance and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination replacement of this Lease, Tenant shall return all such keys the air handlers and electronic key cards to Landlord. In addition, Tenant shall have chillers which service the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Lab Areas (as defined in Section 6.2 hereofSECTION 6.2, above) of the Premises and such costs shall thereafter not be included in the calculation of Operating Expenses. Notwithstanding the foregoing, with respect to all costs for purposes replacements of this Lease; provided the air handlers and chillers (or components thereof) which service the Lab Areas that are capital in nature under generally accepted accounting principles, at Tenant’s option, to be exercised within thirty days after receipt of Landlord’s prior written consent first invoice for such costs, in lieu of reimbursing Landlord within thirty days, such costs shall be amortized (with interest at a twelve percent (12%) per annum) over the additional security system shall lesser of (i) be deemed to have been granted and the remaining Term of the Lease, or (ii) not be conditioned upon the useful life of the item being replaced, and Tenant shall pay Landlord, as Additional Rent, on a requirement for Tenant to remove monthly basis, the sameamortized portion and interest applicable thereto. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to the limitations hereinafter set forth, the parties have agreed that Landlord shallwill pay for all utilities to the Premises within the Building, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to except (i) any exterior sign which Tenant may elect to erect should Landlord permit such sign. During the foundationsLease Term, outer wallLandlord shall be responsible for the maintaining the Property in a neat, roof attractive, and other structural components functional manner comparable to buildings of similar age and amenities within the vicinity of the Building, including, but not limited to the following with respect to the Premises but not with respect to any License Areas: (iia) all interior maintenance, repair and cleaning of the Common AreasBuilding and its systems, but not of Tenant’s equipment; (b) all exterior Building maintenance, repair and cleaning, including landscaping; (c) all parking lot maintenance, repair, cleaning, and striping except for any roof or cover erected by Tenant within Tenant’s reserved parking and except for any parking lot signs erected by Tenant; and (iiid) Building mechanicalmaintenance and repairs of all mechanical and electrical systems in the Building, including but not limited to the electrical, plumbing, elevator lighting, data infrastructure to the extent installed by Landlord, and HVAC systems servicing systems, elevators and entry ways for the BuildingPremises (but not for any back up generators or other equipment located in the Computer Room). Landlord will maintain a full time maintenance person within the Building to perform Landlord’s obligations hereunder during Building Standard Hours. Landlord shall additionally make certain minor ordinary course repairs also provide Tenant an after-hours contact to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsdeal with after-hour emergencies or problems requiring immediate assistance. Notwithstanding the foregoing or anything contained elsewhere in this Lease Landlord is not responsible for any maintenance to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s ownersequipment including equipment installed by Landlord, agentsif any, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, within the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an AdvanceDining Area. (b) The covenants and obligations of Tenant to pay the Adjusted Rental and all additional sums hereunder (collectively, the “Rent”) shall be unconditional and independent of any other covenant or condition imposed on either Landlord shall arrange for and supervise rubbish removalor Tenant, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of whether under this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined law or in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameequity. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and shall at its sole cost and expense, make all necessary capital and non-capital repairsmaintain, and replacements to (i) repair and/or replace, as necessary, the foundations, outer wall, roof and other structural components structure of the Building, the structural elements of the roof, the roof membrane, slab, foundation and exterior walls of the Building, the sub grade sewer and plumbing lines (all such repairs and maintenance (the “Landlord Maintenance”), but not replacements, to be reimbursed as Operating Expenses), except to the extent such is part of any Alterations. Provided, however, if any such work, maintenance, repairs or replacements are required as a result of the negligence or misconduct of Tenant or any Tenant Parties, Tenant’s failure to repair and maintain the Premises or the misuse of the Premises by Tenant or the Tenant Parties (any of the foregoing, a “Tenant Necessitated Repair”), Tenant shall reimburse Landlord for all reasonable costs paid or incurred by Landlord for such work upon demand as Additional Rent. Landlord shall also be responsible for the performance of landscaping and snow removal and repairs and maintenance of the exterior parking areas, sidewalks and truck courts provided that the cost of such activities shall be reimbursable as Operating Expenses. In addition, Landlord, at its sole expense, shall perform any replacements to (a) the sprinkler systems and (b) parking lot, in either instance, the cost of which is in excess of $10,000 per year (such excess costs being the “Replacement Costs”); provided, however, that Tenant shall reimburse Landlord for the Replacement Costs amortized over its useful life in accordance with GAAP, together with interest on the unamortized balance(s) at the rate of ten percent (10%) per annum or such other market rate as may be payable by Landlord on funds borrowed for the purpose of funding the Replacement Costs, as Additional Rent on or prior to the first day of each calendar month after such replacement is performed by Landlord In addition to the foregoing obligations, Landlord shall be responsible, at its expense, for correcting (i) any latent defects throughout the Term and (ii) deferred maintenance throughout the Common Areasfirst twelve (12) months of the Term. For the avoidance of ambiguity, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC Tenant shall be responsible for any replacement costs of the sprinkler systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryparking lot, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofeither instance, the structures, systems, improvements or other components cost of the Building or the Leased Premises described in, or contemplated by, this subsection, which are less than $10,000 per year and shall reimburse Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. within twenty (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (1020) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements Subtenant agrees that Sublandlord shall not be required to (i) the foundations, outer wall, roof and other structural components perform any of the Buildingcovenants, (ii) agreements and/or obligations of Landlord under the Common AreasMaster Lease, and (iii) Building mechanicalincluding, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofwithout limitation, the structures, systems, improvements or other components services provided in Article 6 of the Building or Original Master Lease, and, insofar as any of the Leased Premises described incovenants, or contemplated by, this subsection, Landlord shall cause them agreements and obligations of Sublandlord hereunder are required to be repaired or replacedperformed under the Master Lease by Landlord thereunder, as necessary, Subtenant acknowledges and the cost thereof agrees that Sublandlord shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse be entitled to look to Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlordperformance. In addition, Tenant Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the right to install Master Lease, nor shall any additional security system for representations or warranties made by Landlord under the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) Master Lease be deemed to have been granted made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant’s obligations under this Sublease, or (ii) liability on the part of Sublandlord; provided, however, that in the event that the rent payable by Sublandlord for the Subleased Premises, or any portion of the Subleased Premises, as “Tenant” under the Master Lease, is abated (e.g., pursuant to Section 6.4 [Abatement Event] or Article 11 [Damage and Destruction]) of the Original Master Lease, then Subtenant will be entitled to a parallel Rent abatement hereunder. Notwithstanding the foregoing, if Subtenant notifies Sublandlord that Landlord is not be conditioned upon a requirement for Tenant performing or observing any of the Landlord’s obligations under the Master Lease with respect to remove the same. (d) Tenant acknowledges Subleased Premises, Sublandlord shall promptly forward such notice to Landlord and request that it has inspected comply with Landlord’s obligations. If such failure continues, Sublandlord shall at Subtenant’s reasonable request take reasonable steps to enforce Sublandlord’s rights under the Leased Premises Master Lease in connection with Landlord’s providing utilities and services to the mechanicalSubleased Premises; provided, electricalhowever, plumbing that Sublandlord shall never be required to bring an action (or any similar proceeding) against Landlord and heating, ventilation and air conditioning systems serving the Leased Premises and agrees there will be no expense to accept the same in their “as is” condition, without warranty of any kindSublandlord.

Landlord’s Obligations. (a) From and after the Term Commencement Date and during the Term, Landlord shall, and at its sole cost and expense, shall make all necessary capital and non-capital repairs, replacements and replacements to renewals necessary: (i) to keep in good and sound condition the foundations, outer wall, roof foundation and other structural components structure of the Building, including but not limited to steel, footings, exterior walls, roof deck, main sprinkler line, roof membrane, and all underground or under-slab utilities; (ii) to keep the electrical, mechanical, plumbing, sprinkler and other systems serving the Building generally or the Common AreasAreas in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put; and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the keep all Common Areas, including the sidewalksparking areas, driveways driveways, walkways, and parking areaother improvements on the Property, in reasonably good condition, reasonably free of accumulations of snow, and sanded as applicableappropriate, serving and to keep all lawns and landscaped areas of the Building. (c) Landlord Property watered, fertilized and neatly trimmed. The cost of repairing damage by wrongful acts or negligence of Tenant or its agents, employees or invitees shall provide be charged to Tenant with such number as Additional Rent hereunder and, without limiting the generality of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordforegoing, Tenant shall reimburse Landlord be responsible for any loss, cost incurred or damage resulting from activities on the roof of the Building conducted by Tenant, its agents, employees and contractors which cause damage to the roof. Notwithstanding paragraph (a) above, so long as Tenant maintains and repairs the Dedicated Systems (which may include, without limitation, routine replacement of parts and components), and except for any replacement required as a result of misuse or neglect by Tenant, if despite such proper maintenance and repair, during the first two (2) Lease Years, any of the Dedicated Systems need to be replaced, Tenant shall so advise Landlord and Landlord shall replace the unit(s) or equipment in question, and no portion of the cost thereof will be charged to replace Tenant. The cost of any lost key or electronic key card such replacement made after the end of the second Lease Year shall be amortized over the reasonably useful life of the replacement in accordance with generally accepted accounting principles, and failure the monthly charge-off (including a reasonable interest factor, which shall be determined by reference to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord the interest rate then being charged for long-term mortgages by institutional lenders on similar properties within the vicinity of the Building) will deactivate any electronic key card specifically identified thereafter be payable by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to LandlordAdditional Rent hereunder. In additionno event, Tenant shall however, will Landlord have any responsibility to repair, maintain or replace the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Supplemental Unit (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlordbelow), it being agreed that Tenant shall be solely responsible therefor at Tenant’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samesole cost. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord shallunder the Master Lease and Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air -conditioning, ventilation, life-safety, water, electricity, elevator service and at its sole cost cleaning service, if any; and expenseno failure to furnish, make all necessary capital and non-capital repairsor interruption of, and replacements any such services or facilities shall give rise to any (i) the foundationsabatement, outer walldiminution or reduction of Subtenant's obligations under this Sublease except as otherwise provided herein, roof and other structural components of the Building, or (ii) liability on the Common Areaspart of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may be necessary, under the circumstances, to secure such performance upon Subtenant's request to Sublandlord to do so and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing shall thereafter diligently prosecute such performance on the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair part of window treatment mechanicalsLandlord. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryprovisions of clause (i) above, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute if an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Essential Services Interruption Event (as said term is defined in Section 6.2 hereof15.B of the Original Master Lease) occurs which is due to the act or omission of Sublandlord, and Subtenant is prevented from using, and does not use, an Affected Area (as said term is defined in Section 15.B of the Original Master Lease) as a result of such Essential Services Interruption event for purposes a period in excess of the Eligibility Period (as said term is defined in Section 15.B of the Original Master Lease), the Rent payable under this Lease; provided Landlord’s prior written consent Sublease shall be abated after the expiration of the Eligibility Period for such time that Subtenant continues to be prevented from using, and does not use, the additional security system shall (i) be deemed Affected Area in the proportion that the rentable area of the Affected Area bears to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sametotal rentable area of the Subleased Premises. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. A. Landlord will furnish to Tenant at Landlord's cost and expense: (ai) water at those points of supply provided for the general use of tenants of the Building; (ii) heated and refrigerated air conditioning in season, at such times as Landlord shalldetermines, and at its sole cost such temperatures and expensein such amounts as reasonably considered necessary by Landlord. Service of such conditioning on Sundays, make all necessary capital and non-capital repairsSaturdays, and replacements to (i) holidays are optional on the foundations, outer wall, roof and other structural components part of the Building, (ii) the Common Areas, and Landlord. (iii) janitorial services to the premises on weekdays other than holidays and such window washing as may from time to time in Landlord's judgment be reasonably required. Any person employed by Landlord to do janitorial work while in the Building mechanicalis subject to and under the control and direction of the employer of the janitorial company and does not act as an agent or employee of the Landlord. (iv) operatorless passenger elevators for ingress and egress to the floor on which the premises are located, electrical, plumbing, elevator and HVAC systems servicing the Buildingin common with other tenants. Landlord shall additionally make certain minor ordinary course repairs reserves the right to regulate at all times the Leased Premises, including ceiling tile replacement, light bulb replacement number of elevators that will be operated in the Common AreasBuilding and shall never be held liable for any claim arising in consequence of the use, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenantnon-use, or Tenant’s ownersnumber thereof. Landlord also reserves the right to stop the elevators at any time in cases of breakage, agentsrepair, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused replacement of machinery or otherwise damaged any of, the structures, systems, improvements emergency or other components accident. (v) replacement of Building standard light fixtures; and (vi) electric lighting for all public areas and special service areas of the Building in a manner and to the extent deemed by the Landlord to be reasonable. B. Landlord shall furnish Tenant all electrical current required by Tenant in a normal office use, occupancy of the premises. If there is any consumption or the Leased Premises described inuse of electricity for anything other than small office machines and lighting, Tenant agrees to pay Landlord's cost for any such excess or additional electricity, which shall be collectible as additional Rent unless otherwise agreed to hereinafter. C. Failure to furnish, stoppage, or contemplated byinterruption of these services resulting from any cause shall not render Landlord liable in any respect for damages to either person, this subsectionproperty or business, or be construed as an eviction of Tenant, work an abatement of rent, or relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall cause them use reasonable diligence to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kindpromptly.

Landlord’s Obligations. (a) Landlord shall11.2.1 Landlord, and at its sole cost cost, except as provided in Section 11.1 above, shall maintain, repair and expense, make all necessary capital and non-capital repairs, and replacements to replace (i) the foundationsroof of the Building (except Tenant shall be responsible for the payment of all costs of repairs and replacements to the roof required as a result of the installation, outer walluse, operation, maintenance, repair or replacement of any equipment or facilities installed by Tenant or any Tenant Party on the roof and other structural components of the Building, including without limitation any mechanical systems in any portion of the Building serving such roof equipment and facilities), ensuring that the roof is watertight, and (ii) all structural elements (excluding exterior glass) of the Common AreasBuilding (i.e. load bearing walls, foundation and slab). When making such repairs, alterations, additions or improvements, Landlord shall use reasonable measures to prevent (and shall cause any other person or entity making same to do so) interference with, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any disruption of, the structures, systems, improvements or other components use and occupancy of the Building Premises, by Tenant and all persons and entities claiming by, through or under Tenant, including, without limitation, any interference with, or disruption of, the performance of work or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and conduct of permitted use in the cost thereof shall constitute an AdvancePremises. 11.2.2 During the first sixty (b60) Landlord full calendar months of the Term, the total of Landlord’s costs and expenses incurred in maintenance, repairs and replacements required under Section 11.2.1 (altogether, the “Capital Repair Costs”), shall arrange for and supervise rubbish removalbe added to the estimated fair market value of the Premises specified under Section 2.4. If Tenant shall not exercise the option to purchase provided under Section 2.4, snow removalhowever, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) then Landlord shall provide Tenant with an amendment to this Lease setting forth a revised schedule of annual Base Rent, which, beginning with the seventh (7th) Lease Year, shall be determined by increasing the annual Base Rent set forth in Section 3.1 above for each Lease Year thereafter during the Term by such number amounts as may be reasonably required, as determined by the Parties’ mutual agreement, in order to ensure that Landlord receives the same rate of keys return on the Capital Repair Costs as Landlord shall receive on its capital investment in Landlord’s Work. If Landlord and electronic key cards Tenant are unable to agree on the increases to annual Base Rent contemplated under this Section 11.2.2, the pertinent amounts will be determined in accordance with the provision of Section 6.13 hereof. 11.2.3 Landlord shall in no event be responsible to Tenant for any condition in the Leased Premises and or the Building caused by any act or neglect of Tenant or any Tenant Party. Landlord shall not be responsible to make any improvements or repairs to the Building other than as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of expressly provided in this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subject to Section 2.4 (a) Landlord shallCondition of Premises), and at its sole cost Articles 10 (Casualty) and expense11 (Condemnation), make all necessary capital Landlord shall maintain in good condition, reasonable wear and non-capital repairstear excepted, and replacements to (i) repair and replace as needed the foundations, outer wall, roof and other structural components portions of the BuildingBuilding (including, but not limited to, the exterior walls, under-flooring and roof), the base building facilities (ii) the Common Areasincluding lighting, and (iii) Building HVAC, plumbing, mechanical, electrical, plumbingfire/life safety systems and generators serving the Building except if the system or equipment was installed or modified by or for Tenant, elevator in which case it will be Tenant’s responsibility and HVAC systems servicing at Tenant’s sole cost), and the BuildingCommon Areas. If any such maintenance and repair to any part of the Real Property which Landlord is obligated to maintain is required because of the acts or omissions of Tenant or Tenant’s Authorized Representatives, Landlord shall perform such maintenance and repair at Tenant’s sole cost. Tenant waives the benefit of any statute, ordinance or judicial decision now or hereafter existing which permits Tenant to make repairs at Landlord’s expense. Landlord shall additionally make certain minor ordinary course repairs not be liable to the Leased PremisesTenant, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and Rent shall not be abated and Tenant shall not recover money damages from Landlord for any failure by Landlord to maintain and repair areas that are being used in connection with construction of window treatment mechanicalsimprovements, or for any failure to make any repairs or perform any maintenance. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenantalso not be liable under any circumstances for loss of profits or for injury to or interference with Xxxxxx’s business arising from or in connection with the making of or the failure of Landlord to make any repairs, maintenance, alterations or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged improvements to any of, the structures, systems, improvements or other components portion of the Building or the Leased Premises described inCommon Areas or in or to fixtures, or contemplated byappurtenances and equipment therein, this subsection, but Tenant may exercise a specific performance remedy against Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancea result thereof. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall promptly repair and maintain in good order and condition the Common Areas and the roof, foundation, load-bearing walls, columns and beams, and at its sole cost and expenseheating, make all necessary capital and non-capital repairsventilation, and replacements to air conditioning equipment (iprovided Landlord shall only be obligated for replacement, not repair or maintenance, of HVAC equipment) the foundations, outer wall, roof and other structural components of the Building, (ii) and the Common Areas, and (iii) outside Building mechanical, electrical, plumbing, elevator electrical and HVAC systems servicing other facilities serving the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door except for (i) maintenance or repairs and repair required because of window treatment mechanicals. Notwithstanding the foregoing any negligent or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, intentional act or omission of Tenant or Tenant’s ownersPermittees, agentsincluding without limitation, contractors, directors, officers, employees, guests, invitees, customers damage to the interior or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior of the Building or the Leased Premises described inparking stalls and covers, or contemplated by(ii) maintenance, repairs, alterations or improvements required by a rule, regulation, ordinance, order, code, law or requirement of any governmental authority or insurer as a result of Tenant’s use or possession of the Premises. Except as provided elsewhere in this subsectionLease, Monthly Rent shall not xxxxx and Landlord shall not be liable by reason of any injury or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements in or to the Premises; provided, however, Landlord shall cause them perform such work in a manner so as to be repaired or replaced, as necessary, and not unreasonably interfere with the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number conduct of keys and electronic key cards for the Leased Premises and the Building as Tenant’s business. Tenant shall reasonably require not be entitled to undertake any such maintenance or repairs, whether at the expense of Tenant or Landlord. Tenant shall pay to Landlord Tenant’s Share of the costs incurred by Landlord in-performing such repair and maintenance obligations in accordance with the provisions of Article 5 above; provided that Tenant has no obligation to pay for its owners and employeesrepairs necessitated by faulty construction performed by Landlord except for those repairs necessitated by defects waived by Tenant pursuant to Section 6.2. Within ten (10) days after receipt 3f Landlord elects to perform maintenance or repairs required due to the negligence or misconduct of an invoice therefor from LandlordTenant or Tenant’s Permittees, Tenant shall reimburse Landlord for any cost all costs so incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system (including a reasonable charge for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (ioverhead) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samewithin 10 days after delivery of demand by Landlord. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord regarding services to be provided or other obligations to be performed by Landlord under the Master Lease as distinct from obligations of Sublandlord under this Sublease, and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs that are the obligation of Landlord under the Master Lease. Except as and to the extent that Landlord provides a rent abatement credit to Sublandlord (with respect to the Subleased Premises) pursuant to Section 4.2(C) of the Master Lease, and except for matters arising from the gross negligence or willful misconduct of Sublandlord or its agents, employees or contractors, or from Sublandlord's breach or default under the Master Lease (such breach or default continuing beyond the expiration of applicable notice or grace periods), Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant's obligations under this Sublease, or (ii) liability on the part of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may reasonably be indicated, under the circumstances, to secure such performance upon Subtenant's request to Sublandlord to do so and shall thereafter diligently prosecute such performance on the part of Landlord. Notwithstanding anything herein to the contrary, (x) to the extent Sublandlord has expressly agreed hereunder to enforce for the benefit of Subtenant any of Landlord's obligations to Sublandlord under the Master Lease and Landlord has failed or refused to perform such obligations or (y) Landlord has failed to perform its obligations under the Master Lease and such failure materially and adversely affects Subtenant's use and occupancy of the Premises, and Sublandlord has been unable, within a reasonable time after notice from Subtenant, to cause Landlord to perform such obligations, and (a) Sublandlord reasonably determines that commencing a legal proceeding is the only reasonable alternative to cause Landlord to perform such obligations and (b) Subtenant is not then in default hereunder beyond any applicable cure period, Sublandlord shall, at Subtenant's request, commence an appropriate legal proceeding against Landlord using attorneys and at its experts selected by Sublandlord, or, in Sublandlord's sole cost discretion, permit Subtenant to commence such legal proceeding on Subtenant's own behalf if Subtenant demonstrates to Sublandlord's reasonable satisfaction that Subtenant is reasonably likely to be barred from commencing such legal proceeding by reason of lack of privity. In such event, Subtenant may commence such legal proceedings in the name of Sublandlord, using attorneys and expenseexperts selected by Sublandlord with the approval of Subtenant (such approval not to be unreasonably withheld or delayed) provided that, make all necessary capital and non-capital repairs, and replacements to in either event (i) the foundations, outer wall, roof and other structural components commencement of such legal proceeding does not cause a default under the BuildingMaster Lease, (ii) Subtenant shall pay to Sublandlord upon demand therefor any and all the Common Areascosts and expenses, including actual attorneys' fees and costs, incurred by Sublandlord in connection therewith, and (iii) Building mechanicalSubtenant indemnifies and holds Sublandlord, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractorsits officers, directors, officersshareholders, employeesaffiliates, guestssubsidiaries, inviteesagents and employees harmless from any loss, customers suit, damage, claim or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areascost, including the sidewalksactual attorneys' fees and costs, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined Sublandlord in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameconnection therewith. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) Landlord shall be responsible for all investigation, remediation, and monitoring required by law for (1) the foundations, outer wall, roof Underground Contamination (and other structural components any additional Hazardous Materials existing on the Premises as of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination Commencement Date of this Lease, (2) any Hazardous Materials released, emitted, discharged, or stored by Landlord or its agents, employees, or other tenants of the Complex, (3) any Hazardous Materials released, emitted, or discharged on or about the Premises from any other source after the Commencement Date, except to the extent that the Hazardous Materials in question were released, emitted, or discharged by Tenant shall return all such keys and electronic key cards to Landlordor its agents, employees, contractors or subtenants. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for For purposes of this Lease; provided Landlord’s prior written consent for , “Hazardous Materials” shall mean any substance which has the additional security system shall (i) be deemed capacity to have been granted and cause death, injury or illness to man through ingestion, inhalation, or absorption through any body surface.) (ii) not be conditioned upon a requirement for Landlord shall indemnify and hold Tenant harmless from any claims or costs, including reasonable attorneys fees, arising from or related to remove (a) any Hazardous Materials released, emitted, discharged, stored or used by landlord or its agents, employees or contractors, or other tenants of the sameComplex or (b) any Hazardous Materials present from any cause on or about the Premises on the Commencement Date of the Lease (including, without limitation, the Underground Contamination), except to the extent such Hazardous Materials were released by Tenant. (diii) Landlord shall indemnify Tenant acknowledges that it has inspected as provided above only for out-of-pocket costs and expenses and not for any consequential damages and incidental damages, including loss of profits and loss of rental value of the Leased Premises leasehold; except to the extent such damages result from Landlord’s willful failure to fulfill its obligations (specifically excluding good faith disputes with Tenant or government agencies regarding the scope and timing of Landlord’s obligation). (iv) Any limitation on recovery against Landlord with respect to Hazardous Materials (including the mechanicallimitation on recovery of consequential damages, electricalloss of profits and loss of rental value) shall not affect Tenant’s right to pursue any third parties, plumbing and heatingincluding Indemnitor (as defined herein). Upon demand from Tenant, ventilation and air conditioning systems serving Landlord will assign to Tenant any claims Landlord may have against any third parties, including Indemnitor relating to the Leased Premises and agrees losses, costs, expenses, lost profits, liabilities or claims which Tenant may incur or which may be asserted against Tenant with respect to accept Hazardous Materials. (v) Landlord shall impose upon all other tenants restrictions on the same use of Hazardous Materials at least as strict as those contained in their “as is” condition, without warranty of any kindthis Lease.

Landlord’s Obligations. (a) Landlord shall, agrees to repair and at its sole cost maintain the Project common areas and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components portions of the Building, including the foundations, bearing and exterior walls (ii) the Common Areasexcluding glass), sub-flooring and roof (excluding skylights), and (iii) Building mechanical, the unexposed electrical, plumbingplumbing and sewer systems, elevator including those portions of such systems which are outside the Premises, gutters and HVAC systems servicing downspouts on the, unless such maintenance and repairs are caused in part or in whole by the Buildingact, neglect or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. The costs of maintenance and repairs performed by Landlord will be included in Operating Expenses as provided for in Subparagraph 6 (a). Except as provided in this Subparagraph 14(a), Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Landlord will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall additionally make certain minor ordinary course persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that by Tenant, which time shall be deemed unreasonable should Landlord fail to commence repair within 30 days of such notice. Tenant will not be entitled to any abatement of rent and Landlord will not have any liability by reason of any injury to or interference with Tenant’s ownersbusiness arising from the making of any repairs, agents, contractors, directors, officers, employees, guests, invitees, customers alterations or licensees, shall have committed waste upon, abused improvements in or otherwise damaged to any of, the structures, systems, improvements or other components portion of the Building or the Leased Premises described inor in or to fixtures, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, appurtenances and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide equipment therein. Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have waives the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameexpense under any law, statute, ordinance, rule, regulation, order or ruling. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at Except where repairs are required to be made by Tenant or when caused by the negligence or intentional acts or omissions of Tenant or its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, employees or invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components but subject to Section 23 of the Building or the Leased Premises described in, or contemplated by, this subsectionLease, Landlord shall cause them perform the following maintenance and repairs, restorations or replacements to be repaired or replacedthe Premises, and to the Building and the Project to the 44 <PAGE> extent required for Tenant's use of the Premises: Landlord shall maintain, repair and replace, as necessary, and keep in good order, safe and clean condition (i) the plumbing, sprinkler, HVAC, electrical and mechanical lines and equipment associated therewith (except such portions thereof which were specifically installed for Tenant other than Landlord's Work and Tenant's Work), elevators and boilers, broken or damaged glass, and damage by vandals; (ii) fluorescent lighting fixtures and bulbs, both within the Premises and in the common areas and facilities, (iii) utility and trunk lines, tanks and transformers and the interior and exterior structure of the Building, including the roof, exterior walls, bearing walls, support beams, floor slabs, foundation, support columns and window frames; (iv) any walls, ceilings and, subject to ordinary wear and tear, floor coverings (including carpets and tiles) in the common areas and facilities, and maintenance of walls, ceilings and floor coverings within the Premises if and to the extent such maintenance is performed by Landlord under Landlord's Building-wide maintenance and repair program for tenant premises; (v) improvements to the Property, including landscaping and fencing; and (vi) the common areas and facilities located within or outside the Building, including the common entrances, corridors, interior and exterior doors and windows, loading docks, elevators, stairways, laboratory facilities and parking areas and access thereto. Tenant shall perform all other maintenance and repairs in the Premises; provided Tenant may request that Landlord perform such maintenance in which event Tenant shall pay Landlord directly for the cost thereof but such cost shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samean Operating Expense. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallLandlord, and at its Landlord’s sole cost and expenseexpense (subject to recoupment as provided in Article 6 hereof, make if permitted), shall perform all necessary capital repairs, replacements and maintenance at the Complex (including, without limitation, all Complex Common Areas and the Building’s roof, roof membrane, exterior walls and windows, structural and non-capital structural elements, the foundations and floor slabs, all load-bearing walls, gutters and downspouts, landscaping, the Building Systems and other Complex facilities serving the Premises) in good working order and condition, reasonable wear and tear and damage by casualty excepted, and shall make such repairs, as and replacements when needed in or to the Building, Building Common Areas or Building Systems, except for (i) the foundationsthose repairs for which Tenant is responsible pursuant to any other provision of this Lease, outer wallincluding but not limited to Section 10.01 above, roof and other structural components of the Building, or (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s ownersProperty (unless caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance). (b) Landlord Tenant shall arrange for and supervise rubbish removalbe required to reimburse Landlord, snow removal, lawn and landscaping service, maintenance and repair within twenty-five (25) days after receipt of a bill therefor as Additional Rent for the Common Areascost of repairing the following: (i) unless Landlord actually receives insurance proceeds with respect thereto (with Landlord being obligated to use commercially reasonable, including good faith efforts to collect such insurance proceeds), any structural repairs or replacements necessitated or occasioned by the sidewalksnegligence or willful misconduct of Tenant, driveways and parking areaor any of its servants, employees, contractors, agents, guests, invitees or licensees; or (ii) unless covered by Landlord’s insurance, the proceeds of which actually become available to Landlord (with Landlord being obligated to use commercially reasonable, good faith efforts to collect such insurance proceeds), any structural repairs or replacements resulting from the particular manner of use or occupancy of the Premises by Tenant or any such person (as applicabledistinct from the Permitted Use permitted by Section 5.01); or (iii) unless covered by Landlord’s insurance, serving the Buildingproceeds of which actually become available to Landlord (with Landlord being obligated to use commercially reasonable, good faith efforts to collect such insurance proceeds), any structural repairs or replacements necessitated or occasioned by or resulting from Tenant’s Alterations; or (iv) unless covered by Landlord’s insurance, the proceeds of which actually become available to Landlord (with Landlord being obligated to use commercially reasonable, good faith efforts to collect such insurance proceeds), any repairs made to the distribution portions of the Building Systems located exclusively within the Premises if such repairs are necessitated by the negligence ​ or willful misconduct of Tenant, or any of its servants, employees, contractors, agents, guests, invitees or licensees. (c) If Landlord shall provide Tenant with default in the performance of Landlord’s repair obligations solely relating to the Premises (as opposed to Landlord’s obligations relating to areas outside of the Premises which may affect other tenancies) (a “Premises Default”), and such number of keys and electronic key cards for the Leased Premises and the Building as Tenant Default shall reasonably require for its owners and employees. Within ten not be cured within twenty-five (1025) days after receipt of an invoice therefor written notice thereof from LandlordTenant, Tenant shall reimburse or, in the case of a Premises Default which cannot with due diligence be cured within a period of twenty-five (25) days, such longer period as may be reasonably necessary so long as Landlord for any cost incurred by Landlord duly institutes such cure and diligently prosecutes same to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ completion, then, if same remains uncured, Tenant, following fifteen (15) days additional prior written notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right option of reasonably curing such default and, if such default involves the expenditure of money, Landlord shall reimburse Tenant for Tenant’s reasonable, out-of-pocket third party costs and expenses reasonably incurred to install any additional security system for the Leased cure such Premises at its sole cost and expense and any such installation shall constitute an Alteration Default within thirty (as defined in Section 6.2 hereof30) for purposes days after Xxxxxx’s delivery of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samepaid invoices therefor. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Except as otherwise noted in this Section 11.1, Landlord shall, at Landlord's sole cost and expense, make all capital repairs and replacements required to be made to (a) Landlord shallthe roof, exterior walls and foundation of the building that is now part of the Premises or that may hereafter be constructed and become part of the Premises, or (b) the heating, cooling, ventilating, and all other mechanical equipment; the water, sewer, plumbing, and electrical systems; provided, however, that Landlord's obligation herein shall not extend to any damage, disrepair or replacement caused or required by Tenant's neglect or fault, which damage, disrepair or replacement shall be repaired by Landlord and charged to Tenant as additional rent. The provisions of this Section 11.1 shall not apply, however, in the event of and to the extent of any damage or destruction by fire or other casualty or a taking by condemnation by any competent authority, in which events the obligation of Landlord shall be controlled as hereinafter otherwise provided in this Lease. Except as provided in this Section 11.1, Landlord shall not be obligated to make repairs, replacements, or improvements of any kind upon the Premises whether such repairs, replacements, or improvements to the Premises are interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, all of which repairs, replacements, or improvements shall be the responsibility of Tenant as provided in this Lease. Notwithstanding any of the foregoing provisions of this Section 11.1 to the contrary, if structural repairs become necessary during the Lease term because of the application to the business carried on by Tenant of any law, ordinance, rule or regulation of any regulatory body, or because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other system in the building, Tenant shall make such structural repairs at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components after first obtaining Landlord's written approval of the Buildingplans and specifications and furnishing such indemnification against liens, (ii) the Common Areascosts, damages and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. expenses as Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall may reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancerequire. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Upon receipt of written notice from Tenant, Landlord shallagrees to proceed with due diligence, and at its sole cost and expense, to make all necessary capital and non-capital any repairs, replacements or renewals to the Structural Elements, provided such repairs, replacements and replacements renewals are not made necessary by any neglect or act of Tenant (which shall be paid by Tenant), other than normal wear and tear and depreciation. Without limiting the foregoing, Landlord intends to (i) replace the foundations, outer wall, roof and other structural components membrane in Year 4 of the BuildingTerm, (ii) at Landlord’s cost, provided if Landlord determines that the Common Areasroof needs to be replaced sooner than during Year 4, then Landlord will replace the roof as and (iii) Building mechanicalwhen so required at Landlord’s cost. All preventative maintenance and repairs of the existing roof shall be made by Landlord, electricalat Tenant’s sole cost and expense as part of Operating Expenses. In addition, plumbingLandlord shall, elevator at Tenant’s expense to be billed to Tenant monthly as “Operating Expenses” as provided herein, maintain, repair and replace all utility lines running outside of the exterior walls and roof, all HVAC systems, fire/life safety systems, electrical and plumbing systems servicing of the Building. Landlord shall additionally make certain minor ordinary course repairs to Leased Premises and all drive aisles, driveways, walks, parking areas and landscaping and lighting and irrigation systems at the Leased Premises, including ceiling tile replacement, light bulb replacement in periodic removal of graffiti and periodic repainting of the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior walls of the Building or and periodic slurry coating and striping of the Leased Premises described inparking areas, or contemplated byprovided however, this subsectionany capital expenditures, Landlord including, but not limited to, the replacement of parking areas, drive aisles, HVAC system(s), etc. that are a part of Operating Expenses shall cause them to be repaired or replaced, as necessary, and amortized on a straight line basis over the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) useful life thereof. Landlord shall provide Tenant with such number monthly estimates of keys estimated Operating Expenses which Tenant shall pay to Landlord During any period of repair by Landlord, Rent shall be abated if, and electronic key cards for to the extent, that Tenant’s use of the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameis restricted. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as otherwise stated in the Lease or this Third Amendment, Landlord shallagrees to make, as soon as practicable and at its sole cost and expensecost, make all necessary capital and non-capital any required structural repairs, maintenance and replacements replacement to the Landlord’s Property (i) including, but not limited to the foundations, outer wallroof, roof membrane, walls and other structural components foundations) in which the Premises are located and to keep in good order, condition and repair the exterior of the Building, (ii) the Common Areas, and (iii) Building mechanicalall plumbing, electrical, plumbing, elevator HVAC and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, similar building-wide mechanical systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalksparking areas, driveways and parking areaexcept for damage thereto caused by any negligence of the Tenant, as applicableits agents, serving employees, contractors, licensees or invitees, which damage shall be repaired by the Building. Landlord, at the expense of the Tenant; to be paid by the Tenant within thirty (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (1030) days of after receipt of an Landlord’s invoice therefor from Landlord, Tenant for same. Any such payment shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card be deemed payment of rent and failure to timely do so pay the same as set forth herein shall constitute an Advanceevent of default hereunder. Upon Tenant shall not less than one business days’ notice be entitled to Landlordany partial or total abatement of rent for periods during which repairs are required to be made, whether such repairs are the responsibility of Landlord or Tenant. Notwithstanding anything contained in this Lease or this Third Amendment to the contrary, Landlord will deactivate shall exercise commercially reasonable efforts to minimize interference with Tenant’s business in the Premises at any electronic key card specifically identified by Tenant as having been lost. Upon expiration time Landlord undertakes any of its maintenance or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards repair obligations hereunder or makes any changes or renovations to Landlordthe Building. In additionthe event that (x) such maintenance or repairs (except where required as a result of the negligence of Tenant or Tenant’s agents, Tenant employees or contractors) or changes or renovations adversely interferes with Tenant’s use or occupancy of the Premises or (y) access to the Premises is unreasonably interrupted or unreasonably interfered with, and such interruption or interference continues for a period of at least twenty-four (24) hours, then all rent shall have be abated during the right to install any additional security system for period of such interruption or interference starting from the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration date after the expiration of the foregoing twenty-four (24) hour period until the date the interruption or interference, as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samecase may be, ceases. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.”

Landlord’s Obligations. (a) Upon receipt of written notice from Tenant, Landlord shallagrees to proceed with due diligence, and at its sole cost and expense, to make all necessary capital and non-capital any repairs, replacements or renewals to the Structural Elements, provided such repairs, replacements and replacements renewals are not made necessary by any neglect or act of Tenant (which shall be paid by Tenant), other than normal wear and tear and depreciation. Without limiting the foregoing, Landlord intends to (i) replace the foundations, outer wall, roof and other structural components membrane in Year 4 of the BuildingTerm, (ii) at Landlord’s cost, provided if Landlord determines that the Common Areasroof needs to be replaced sooner than during Year 4, then Landlord will replace the roof as and (iii) Building mechanicalwhen so required at Landlord’s cost. All preventative maintenance and repairs of the existing roof shall be made by Landlord, electricalat Tenant’s sole cost and expense as part of Operating Expenses. In addition, plumbingLandlord shall, elevator at Tenant’s expense to be billed to Tenant monthly as “Operating Expenses” as provided herein, maintain, repair and replace all utility lines running outside of the exterior walls and roof, all HVAC systems, fire/life safety systems, electrical and plumbing systems servicing of the Building. Landlord shall additionally make certain minor ordinary course repairs to Leased Premises and all drive aisles, driveways, walks, parking areas and landscaping and lighting and irrigation systems at the Leased Premises, including ceiling tile replacement, light bulb replacement in periodic removal of graffiti and periodic repainting of the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior walls of the Building or and periodic slurry coating and striping of the Leased Premises described inparking areas, or contemplated byprovided however, this subsectionany capital expenditures, Landlord including, but not limited to, the replacement of parking areas, drive aisles, HVAC system(s), etc. that are a part of Operating Expenses shall cause them to be repaired or replaced, as necessary, amortized on a straight line basis over the useful life thereof and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) paid by Tenant monthly with other Operating Expenses. Landlord shall provide Tenant with such number monthly estimates of keys estimated Operating Expenses which Tenant shall pay to Landlord During any period of repair by Landlord, Rent shall be abated if, and electronic key cards for to the extent, that Tenant’s use of the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameis restricted. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to shall keep: (i) the foundations, outer wall, roof and other structural components common areas of the Building, ; (ii) elevators serving the Common Areas, and Premises; (iii) Building the roof of the Building; (iv) exterior plate glass; (v) public restrooms and restrooms used by Tenant in common with other tenants of the Building; (vi) structural elements; (vii) those mechanical, electricalelectrical and communications systems, plumbingequipment and risers serving the Premises except those systems, elevator equipment and HVAC risers installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use; (viii) those heating, ventilating and air conditioning systems servicing or equipment serving the Building. Landlord Premises except those systems and equipment installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use; and (ix) those plumbing and other utility systems or equipment serving the Premises except those systems and equipment installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use, in good and sanitary working order, condition and repair, in compliance with all Laws (the cost of which shall additionally make certain minor ordinary course repairs be included in Operating Expenses to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsextent permitted by Article 3 hereof). Notwithstanding the foregoing or anything contained elsewhere in this Lease Subject to the contraryprovisions of Section 10(C) hereof, in if any damage to the event that Premises or to any equipment therein or appurtenance thereto or any part thereof results from any negligent act or omission or willful misconduct by Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, its contractors, directorssubcontractors, officers, employees, guests, invitees, customers agents or licensees, shall have committed waste upon, abused employees or otherwise damaged any of, from the structures, systems, improvements or other components breach of the Building or the Leased Premises described in, or contemplated by, Landlord’s obligations under this subsectionLease, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises undertake at its sole cost and expense all repairs and replacements that are required to address such damage. No promises of Landlord to alter, remodel, improve, repair, decorate or clean the Property or any such installation shall constitute an Alteration (as defined part thereof have been made, and no representation respecting the condition of the Property or any part thereof has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) 16.1 The Landlord shall, : a. Allow the Tenant to quietly possess and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) enjoy the foundations, outer wall, roof and other structural components of Room without unnecessary or unwarranted interference; b. Carry out the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs following services: a. Maintain and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components structure of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways window frames and parking area, as applicable, window glass; b. Clean and procure the lighting of the Shared Areas; c. Maintain the service media serving the Building; d. Provide security facilities for the Building; c. Comply with the Furniture and Furnishings (Fire Safety) regulations 1988 and any subsequent amendments; d. Insure the Flat, the Room Items and the Shared Items. The Landlord shall also arrange to provide a basic student contents insurance package for the Tenant from Endsleigh Insurance, which the student should activate by registering with Endsleigh directly. However the Landlord accepts no liability for loss or damage to the Tenant’s personal possessions; e. At the beginning of the Residential Period equip the Room with the Room Items and the Shared Areas with the Shared Items. (c) a. The Landlord shall provide Tenant with such number of keys and electronic key cards not be liable for the Leased Premises temporary deprivation of the occupancy or the use and enjoyment of the Building as Room by or through the bursting, leaking, failure or interruption to services provided and service media; b. The Tenant shall reasonably require for its owners acknowledges that the Landlord has no control over the neighbouring properties and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord any disruption caused by neighbouring building works during the residential period will not form the basis for any cost incurred by claim for a discount of Rent, compensation, termination on disagreement or request to relocate to alternative accommodation. c. The Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have reserves the right to install any additional security system for amend, add to, remove or make changes to the Leased Premises at its sole cost layout, style, décor and expense equipment featured in the Building including associated services and any such installation shall constitute an Alteration (as defined be held in Section 6.2 hereof) for purposes breach of this Lease; provided agreement as a result of such changes. 16.3 The Landlord’s prior written 's right in this agreement may be exercised by the Management Company on behalf of the Landlord and the Landlord's obligations may be delegated to the Management Company. Notices which should be given by the Landlord or to the Landlord will be properly given if they are given by the Management Company or to the Management Company. Where the Tenant or the Guarantor is required to seek Landlord's consent, the Landlord's consent for the additional security system shall (i) be is deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove given if the same. (d) Tenant acknowledges that it has inspected Management Company consents. Both the Leased Premises Management Company and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving Landlord are entitled to claim compensation for losses sustained or expenses reasonably incurred as a result of the Leased Premises and agrees to accept the same Tenant's breach of their obligations in their “as is” condition, without warranty of any kindthis agreement.

Landlord’s Obligations. (a) Subject to the provisions of Paragraphs ---------------------- 21 and 22, Landlord shall, and at its sole cost and expense, make all necessary capital maintain in good order, condition and non-capital repairsrepair the following items of the Building and the Parking Structure: foundation, footings, floor slab, load bearing walls, the structural portions of the roof (excluding roof coverings), and replacements to exterior walls (i) excluding any glass, and further excluding the foundationspainting, outer wallsealing, roof and other structural components patching or waterproofing of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Buildingexterior walls). Landlord shall additionally make certain minor ordinary course repairs Subject to the Leased Premisesprovisions of Paragraphs 21 and 22, including ceiling tile replacementLandlord also shall maintain the Outside Areas in good order, light bulb replacement in the Common Areas, door repairs condition and repair and the costs thereof shall be included in Operating Expenses. It is the express intent of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event Landlord and Tenant that Landlord shall reasonably determine that Tenanthave no obligation, in any manner whatsoever, to repair and maintain all or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, part of the structures, systems, improvements or Premises other components than those portions of the Building or and Parking Structure as expressly provided for in this Subparagraph 14(a), it being the Leased Premises described in, or contemplated by, this subsection, further express intent of Landlord shall cause them to and Tenant that such be maintained and repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense expense. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to repair or maintain those portions of the Premises which it is obligated to do so under this Subparagraph 14(a) if such maintenance or repair is (i) required as a result of any damage thereto caused by the acts or omissions of Tenant or of Tenant's agents, employees, subtenants, contractors, or invitees, and the cost of any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes repairs or maintenance is not covered by insurance required to be carried by Landlord pursuant to the terms of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and , or (ii) not be conditioned upon a requirement for is required by reason of the failure of Tenant to remove perform or comply with any terms of this Lease, or (iii) is caused by any Alterations made by Tenant or by Tenant's agents, employees, subtenants or contractors. It is an express condition precedent to all obligations of Landlord to repair and maintain as provided herein that Tenant shall have notified Landlord of the sameneed for such repairs and maintenance. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. During the entire Term (a) including any Option Periods), Landlord shall, and at its at, except as otherwise provided herein, Landlord's sole cost and expenseexpense (and not as an Operating Expense), make all necessary capital repair, maintain and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replacedreplace, as necessary, the following structural elements of the Building and Premises: structural walls, foundations, concrete subflooring, roof, underground utilities, windows and seals and all central mechanical (if any) and electrical systems (if any) (collectively, "Structural Elements"). Except for the obligations of Landlord under this paragraph, Landlord's obligation to maintain, as an Operating Expense, the Building and the Common Areas of the Development, Landlord's obligations under Paragraph 20 relating to damage or destruction of the Premises, or under Paragraph 21 relating to eminent domain, it is intended by the parties that Landlord have no obligation of any kind whatsoever, (i) to repair or maintain the Premises other than the Structural Elements, all of which obligations are intended to be Tenant's obligations, or (ii) to pay any other cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removalor expense whatsoever directly or indirectly relating to the ownership, snow removalmanagement, lawn and landscaping servicelease, operation or use of the Premises. Notwithstanding the foregoing, to the extent such repairs, maintenance and repair for or replacements are required as a result of any act, negligent, fault or omission of Tenant or any of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordParties, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice pay to Landlord, Landlord will deactivate as Additional Rent, the actual and reasonable cost of any electronic key card specifically identified by such maintenance, repairs or replacements. Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have waives the right to install make repairs at Landlord's expense under any additional security system for law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the Leased extent the Premises at its sole cost are located in California, the provisions of California Civil Code Sections 1941 and expense 1942 and any such installation successor statutes or laws of a similar nature). Landlord shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes also repair any damage caused by the negligence or willful misconduct of this Lease; provided Landlord or Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same's employees, agents or contractors. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make Sublandlord hereby grants to Subtenant the right to receive all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, services and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs benefits with respect to the Leased Premises, including ceiling tile replacement, light bulb replacement in Subleased Premises which are to be provided by Landlord under the Common Areas, door repairs and repair of window treatment mechanicalsMaster Lease. Notwithstanding the foregoing or anything contained elsewhere in this Lease Subtenant agrees that Sublandlord shall not be required to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged perform any of, the structures, systems, improvements or other components of the Building or covenants, agreements and/or obligations of Landlord under the Leased Premises described inMaster Lease and, or contemplated byinsofar as any of the covenants, this subsection, Landlord shall cause them agreements and obligations of Sublandlord hereunder are required to be repaired or replacedperformed under the Master Lease by Landlord thereunder, as necessary, Subtenant acknowledges and the cost thereof agrees that Sublandlord shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse be entitled to look to Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlordperformance. In addition, Tenant Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the right Master Lease with respect to install this Sublease. Sublandlord shall not be responsible for any additional security system failure or interruption, for any reason whatsoever, of the Leased Premises services or facilities that may be appurtenant to or supplied at its sole cost the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and expense cleaning service, if any; and no failure to furnish, or interruption of, any such installation services or facilities shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall give rise to any (i) be deemed to have been granted and abatement, diminution or reduction of Subtenant’s obligations under this Sublease except as otherwise provided herein or in the Master Lease, or (ii) liability on the part of Sublandlord. Notwithstanding the foregoing, Sublandlord shall use commercially reasonable efforts to secure such performance upon Subtenant’s request to Sublandlord to do so, and, if and to the extent Sublandlord’s rent abates under the Master Lease for any reason, including, but not be conditioned upon a requirement limited to, loss of services from Master Landlord, impaired access to the Premises, or impaired occupancy of the Premises due to casualty or condemnation, then to the extent any rent abatement applies to the Subleased Premises, Subtenant’s Base Rent shall xxxxx for Tenant to remove the sameportion of the Subleased Premises affected by such event. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as provided in Paragraph 8.2 ---------------------- below, Landlord shallshall keep in good and safe condition, order and repair, and at its sole cost replace as and expense, make all if necessary capital and non-capital repairs, and replacements to the following items: (i) the foundationsroof structure and membrane, outer wallexterior walls, roof and other structural components foundation of the Building, (ii) the Common Outside Areas including without limitation all parking, landscaping, driveway, and other improvements and facilities in the Outside Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the BuildingParking Garage. Landlord shall additionally exercise reasonable diligence in performing such maintenance and repairs as it is required to perform under this paragraph; provided that, Landlord shall have no obligation to make certain minor ordinary course repairs under this Paragraph 8.1 until a reasonable time after Landlord's receipt of notice from Tenant of the need for such repairs or Landlord otherwise actually receives notice of the need for such repairs. In connection with all of Landlord's activities under this paragraph, Landlord shall make a reasonable effort to the Leased Premisesminimize any disruption of Tenant's business, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event provided that Landlord shall reasonably determine that Tenantnot be obligated to incur overtime costs to employ workers who work after normal business hours and on weekends. Except as otherwise specifically provided in Paragraph 15.5 below (damage and destruction), there shall be no abatement of rent or Tenant’s ownersother sums payable by Tenant prior to or during any repairs by Tenant or Landlord, agentsand Tenant waives all claims for loss of business or lost profits relating to any such repairs. All costs incurred by Landlord under this paragraph shall be deemed Operating Expenses payable by Tenant pursuant to Paragraph 7; provided that, contractorsall costs incurred by Landlord to maintain, directorsrepair, officers, employees, guests, invitees, customers and replace all or licensees, shall have committed waste upon, abused or otherwise damaged any ofportion of the exterior walls of the Building, the structuresfoundation, systemsthe structural components of the roof (but not including the roof membrane), improvements or and all other structural components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred borne by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for included in Operating Expenses. Tenant hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to remove make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” good condition, without warranty order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), 1941, and 1942 of the California Civil Code, and any kindsimilar or successor statute or law.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shallshall keep the following in good order, condition and at its sole cost and expenserepair: all structural components, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wallexterior walls (including exterior windows and door frames, unless any such damage is caused by Tenant) and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more than once every five (5) years, if necessary), and other structural all components of the Buildingelectrical, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator heating and HVAC air conditioning systems servicing and facilities located in the BuildingProperty which are concealed or used in common by tenants of the Project, and the parking surfaces (including snow and ice removal) of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall additionally make certain minor ordinary course repairs under this Section 6.03 as necessary to maintain an attractive, first-class multi-tenant facility for the Leased Premises, including ceiling tile replacement, light bulb replacement Property and Project equal to or superior to those of similar first-class multi-tenant facilities in the Common AreasBroomfield, door repairs Colorado area, and repair within a reasonable time after receipt of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components written notice from Tenant of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advanceneed for such repairs. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Section 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Landlord shall make any cost incurred such repairs or corrections within thirty (30) days of receipt of notice of the need for such by Landlord, or within such other reasonable time as may be necessary, so long as Landlord has commenced such repairs or corrections within said 30-day period and diligently pursues the repairs or corrections to completion. In the event that Landlord does not make such repairs or corrections within the time period set forth in this Section (b), Base Rent shall be reasonably and equitably abated for such portion of the Property that Tenant is unable to utilize for its business due to the failure of Landlord to replace make such repairs or corrections. Tenant waives the benefit of any lost key statute in effect now or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by in the future which might give Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for expense or to terminate this Lease due to Landlord’s failure to keep the additional security system shall (i) be deemed to have been granted Property in good order, condition and (ii) not be conditioned upon a requirement for Tenant to remove the samerepair. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord will keep and maintain and replace (when required) the following portions of the Property in good, clean, and fully operative condition and repair, reasonable wear and tear excepted: (a) Landlord shallexterior surfaces of the exterior walls and roof of the Building; (b) structural integrity of the footings, and at its sole cost and expensefoundation, make all necessary capital and non-capital repairsslabs, and replacements to (i) the foundationsfloors, outer wallcolumns, exterior walls, roof, roof membrane, and other structural components elements of the Building; (c) exterior doors, windows and plate glass of the Building; (iid) the Common Areasbuilding standard electrical, and (iii) Building lighting, mechanical, electrical, plumbing, elevator heating and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, air conditioning systems, improvements or other facilities, fixtures and components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building (specifically excluding any Supplemental Equipment); (e) building standard light bulbs, tubes, ballasts and starters; (f) demising walls installed by Landlord inside the Building (excluding the interior surfaces of such walls); and (g) Common Area. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 7.1, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s Personal Property, all as Landlord may determine is reasonably necessary to properly perform such obligations. In exercising Landlord’s obligations under this Section 7.1, Landlord shall use commercially reasonable efforts, to the extent reasonably possible under the circumstances, not to unreasonably disrupt, impede or interfere with Tenant’s access, use or enjoyment of the Premises or Common Area or with the conduct by Tenant of its business at the Premises, which commercially reasonable efforts shall reasonably require for its owners include, whenever possible and employeesfeasible, performing Landlord’s obligations after Tenant’s regular business hours, but Landlord is not obligated to pay overtime in order to perform Landlord’s obligations after Tenant’s regular business hours. Within ten (10) days after receipt Landlord’s repair and maintenance obligations under this Section 7.1 are subject to the provisions of an invoice therefor from Landlord, Tenant shall reimburse Landlord for Articles 11 and 12 of this Lease regarding any cost Casualty or Taking. The costs and expenses incurred by Landlord in performing its obligations under this Section will be included in Operating Expenses (but only to replace any lost key or electronic key card and failure the extent permitted under the definition thereof), provided that the items in subclause (b) above will not be included in Operating Expenses except to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination the extent that the costs of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration repair or replacement are permitted to be included in Operating Expenses as a capital improvement under subclause (as defined in Section 6.2 hereofm) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samedefinition of Operating Expenses. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shallshall keep the following in good order, condition and repair, at its sole no additional cost and expense, make all necessary capital and non-capital repairs, and replacements to (iTenant in excess of the Reserves charged pursuant to Section 405(d) below: the foundations, outer wall, exterior walls and roof and other structural elements of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of the Buildingelectrical, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator heating and HVAC air conditioning systems servicing and facilities located in the BuildingProperty which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows (but shall repair any water leaks in window seals and shall wash all exterior windows at lease twice per year), doors, plate glass or the interior surfaces of exterior walls. Landlord shall additionally make certain minor ordinary course repairs to under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the Leased Premises, including ceiling tile replacement, light bulb replacement need for such repairs. If any portion of the Property or any system or equipment in the Common Areas, door repairs and Property which Landlord is obligated to repair of window treatment mechanicals. Notwithstanding the foregoing cannot be fully repaired or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsectionrestored, Landlord shall cause them to promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be repaired or replacedextended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as necessaryextended), and Tenant shall be liable only for that portion of the cost thereof shall constitute an Advancewhich is applicable to the Lease Term (as extended). (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any cost incurred by Landlord to replace any lost key statute in effect now or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by in the future which might give Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for expense or to terminate this Lease due to Landlord’s failure to keep the additional security system shall (i) be deemed to have been granted Property in good order, condition and (ii) not be conditioned upon a requirement for Tenant to remove the samerepair. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as specifically provided in this Lease, Landlord shallshall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and at its sole cost Tenant assumes full responsibility for obtaining and expensepaying for all services, make all necessary capital facilities and non-capital repairsutilities to the Premises. Landlord will repair, replace and maintain the Building Systems, the Common Area, and replacements to (i) the foundations, outer wall, roof structural portions of the Premises and other structural components of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (iiincluding elevator shafts), Common Area stairs, Building standard stairwells (but not stairs or stairwells installed by the Tenant) and elevators (collectively, the Common Areas“Building Structure”), and (iii) Building mechanicalshall perform all such maintenance, electricalwork and activities diligently and expeditiously to completion, plumbingand in a manner consistent with Class A office buildings located in Brisbane, elevator and HVAC systems servicing the BuildingCalifornia. Landlord shall additionally make certain minor ordinary course repairs also provide the Premises with interior and exterior window washing services and janitorial service and shall provide the Common Areas with janitorial and landscaping services; provided, however, that Tenant shall have the right (but not the obligation) to assume responsibility for providing janitorial services at the Premises. All window washing and janitorial services, whether provided by Landlord or Tenant, must meet the standards commensurate with Class A office buildings located in Brisbane, California. Tenant shall notify Landlord in writing when it becomes aware of the need for any repair, replacement or maintenance which is Landlord’s responsibility under this Section of which it becomes aware. The costs of such repair, replacement and maintenance shall be included in Operating Expenses to the Leased Premisesextent provided in Article 7; provided that, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease subject to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordSection 13.5, Tenant shall reimburse Landlord in full and within thirty (30) business days after written demand for the cost of any cost incurred by Landlord repair to replace any lost key the Property, Building Structure or electronic key card and failure Building Systems which is attributable to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified misuse by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys Tenant’s Agents and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided is not covered by Landlord’s prior written consent for the additional security system insurance. Any such reimbursement shall (i) be deemed Additional Rent. Tenant hereby waives and releases any right it may have under any law, statute or ordinance now or hereafter in effect to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samemake any repairs which are Landlord’s obligation under this Section. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. If the Premises shall be partially damaged by any casualty insured against under any insurance policy maintained by Landlord, Landlord shall, upon receipt of the insurance proceeds, repair the Premises. Until such repair is complete, the Basic Monthly Rent and Additional Rent shall be abated proportionately as to that portion of the Premises rendered untenable, if any. Notwithstanding the foregoing, if (a) by reason of such occurrence the Premises are rendered wholly untenable; (b) the Premises are damaged as a result of a risk which is not covered by insurance; (c) the Premises are damaged in whole or in part during the last six (6) months of the term hereof or of any renewal hereof; or (d) the Premises or the Building (whether the Premises are damaged or not) is damaged to the extent of fifty percent (50%) or more of the then-monetary value thereof, Landlord shallmay either elect to repair the damage or may cancel this Lease by notice of cancellation within sixty (60) days after such event and thereupon this Lease shall expire, and at its sole cost Tenant shall vacate and expense, make all necessary capital and non-capital repairs, and replacements surrender the Premises to (i) Landlord. Tenant’s liability for rent upon the foundations, outer wall, roof and other structural components termination of this Lease shall cease as of the Building, (ii) date of the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Buildingoccurrence of such casualty. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in In the event Landlord elects to repair any such damage, any abatement of rent shall end five (5) days after notice by Landlord to Tenant that Landlord shall reasonably determine that Tenant, the Premises have been repaired. If the damage is caused by the negligence of Tenant or Tenant’s ownersits employees, agents, contractorsinvitees or concessionaires, directorsthere shall be no abatement of rent. Except for abatement of rent, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionif any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration, nor shall Tenant have the right to install terminate this Lease as the result of any additional security system statutory provision now or hereafter in effect pertaining to the damage and destruction of the Premises or the Building, except as expressly provided herein. The proceeds of all insurance carried by Tenant on its property and fixtures shall be held in trust by Tenant for the Leased Premises at its sole cost purpose of said repair and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samereplacement. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense (and not as a Reimbursable Operating Cost), shall maintain in good condition, order, and repair, and replace as and when necessary, the structural components of the Building including the foundation, exterior load bearing walls and roof structure, except that the cost to repair any damage caused by Tenant or Tenant’s Agents shall be paid for by Tenant to the extent the cost of repair is not fully paid to Landlord from available insurance proceeds. In addition, if through no fault of Tenant or Tenant’s Agents the cost to repair the roof of the Building in any calendar year of the Lease Term exceeds Five Thousand Dollars ($5,000) (prorated for partial calendar years during the Lease Term), then Landlord may elect either (i) to make the repairs, with the cost in excess of Five Thousand Dollars ($5,000) in a calendar year (prorated for partial calendar years during the Lease Term) to be paid by Landlord at its sole cost and expense (and not as a Reimbursable Operating Cost), or (ii) to replace the old xxxx with the new xxxx at Landlord’s sole cost and expense (and not as a Reimbursable Operating Cost). Landlord shall also operate, manage and maintain (including, without limitation, contracting for regular maintenance and service), and replace as and when necessary, (i) the Common Area in such installation manner reasonably determined by Landlord, (ii) the parking lot and all underground utility facilities servicing the Premises, (iii) all waterscape, landscaping and shrubbery, and (iv) exterior window washing; and to the extent Tenant elects not to maintain and repair, and replace as and when necessary, the following: (1) the Building’s automatic fire extinguisher equipment, (2) elevator equipment, and (3) the Building’s roof membrane system. The cost of the foregoing, to the extent undertaken by Landlord, shall constitute an Alteration be part of Reimbursable Operating Costs (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same8.D). (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at Except where repairs are required to be made by Tenant or when caused by the negligence or intentional acts or omissions of Tenant or its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, employees or invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components but subject to Section 23 of the Building or the Leased Premises described in, or contemplated by, this subsectionLease, Landlord shall cause them perform the following maintenance and repairs, restorations or replacements to be repaired or replacedthe Premises, and to the Building and the Project to the extent required for Tenant's use of the Premises: Landlord shall maintain, repair and replace, as necessary, and keep in good order, safe and clean condition (i) the plumbing, sprinkler, HVAC, electrical and mechanical lines and equipment associated therewith (except such portions thereof which were specifically installed for Tenant other than Landlord's Work and Tenant's Work), elevators and boilers, broken or damaged glass, and damage by vandals; (ii) fluorescent lighting fixtures and bulbs, both within the Premises and in the common areas and facilities, (iii) utility and trunk lines, tanks and transformers and the interior and exterior structure of the Building, including the roof, exterior walls, bearing walls, support beams, floor slabs, foundation, support columns and window frames; (iv) any walls, ceilings and, subject to ordinary wear and tear, floor coverings (including carpets and tiles) in the common areas and facilities, and maintenance of walls, ceilings and floor coverings within the Premises if and to the extent such maintenance is performed by Landlord under Landlord's Building-wide maintenance and repair program for tenant premises; (v) improvements to the Property, including landscaping and fencing; and (vi) the common areas and facilities located within or outside the Building, including the common entrances, corridors, interior and exterior doors and windows, loading docks, elevators, stairways, laboratory facilities and parking areas and access thereto. Tenant shall perform all other maintenance and repairs in the Premises; provided Tenant may request that Landlord perform such maintenance in which event Tenant shall pay Landlord directly for the cost thereof but such cost shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samean Operating Expense. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair, replace and keep in good operating condition, comparable to similar properties in the Fairfax, Virginia area, the Common Areas (aas defined in Section 39 below) Landlord shall(including, without limitation, the lobbies, elevators, stairs, grounds, loading areas and at its sole cost and expensecorridors), make all necessary capital and non-capital repairsthe roofs, and replacements to (i) the foundations, outer wallload-bearing elements, roof conduits and structural walls and other structural components elements of the Building, (ii) the Common Areasunderground utility and sewer pipes of the Building, and (iii) Building all base building mechanical, electrical, plumbing, elevator HVAC system and HVAC systems servicing the Building. Landlord sprinkler system and other fire and life-safety systems, and the adjacent parking structure and connector, the cost of which shall additionally make certain minor ordinary course repairs be included within Operating Costs except to the Leased Premisesextent set forth in Section 9.6, including ceiling tile replacementhereof, light bulb replacement in the Common Areasprovided that, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in extent the event that Landlord shall reasonably determine that Tenant, need for any such repairs or replacements arise as a the result of the gross negligence or willful misconduct of Tenant (or Tenant’s ownersagents, agentsemployees, contractors, directorsinvitees (while within the Premises), officers, employees, guests, invitees, customers assignees or licensees, shall have committed waste upon, abused or otherwise damaged any ofsub-tenants) and the same is not covered under the policies of casualty insurance which are required to be carried by the parties pursuant to this Lease (in which case the proceeds of such insurance will be utilized to satisfy the cost thereof), the structurescost of such repairs or replacements shall be reimbursable by Tenant to Landlord as Additional Rent under this Lease, systemsand such reimbursement shall be due not later than thirty (30) days after Landlord’s written demand therefore. Landlord, improvements at its cost and expense (or other components at the expense of Landlord’s contractor, but in any event not as an Operating Cost), upon prior notice from Tenant shall promptly repair or replace all materials, workmanship, fixtures or equipment incorporated by Landlord in the Building or the Leased Premises described inthat shall prove to be defective during any applicable warranty period. In performing any warranty work pursuant to this Section 7.1, or contemplated by, this subsectionLandlord and its contractors and subcontractors shall use reasonable efforts to minimize disruption to Tenant. Subject to reimbursement as an Operating Cost pursuant to Section 9 hereof (if applicable), Landlord shall comply or cause them compliance with all notices it receives of violation of Legal Requirements (as hereinafter defined) that are applicable to be repaired the operation of the common and public areas in the Building and to the machinery and equipment provided by Landlord or replacedused by its agents or contractors in the design, as necessaryconstruction, or operation of the Building, including those portions of the base Building systems that are contained in or serve the Premises. “Legal Requirements” are all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, and orders of the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removalCommonwealth of Virginia, snow removalFairfax County, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number United States of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense America and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for other public or quasi-public authority having jurisdiction over the additional security system shall (i) be deemed Project, including, but not limited to have been granted the Americans with Disabilities Act and (ii) not be conditioned upon a requirement for Tenant regulations promulgated from time to remove time thereunder to the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept extent the same in their “as is” condition, without warranty are applicable to Landlord and/or any portion of any kindthe Project.

Landlord’s Obligations. Landlord shall maintain, repair and replace as necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (aincluding elevator shafts) Landlord shall(collectively, and "BUILDING STRUCTURE") at its sole cost and expense. Landlord shall also maintain, make all repair and replace as necessary capital the parking areas, sidewalks and non-capital repairsaccess roads (including snow and ice removal), landscaping, fountains, water falls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men's and women's washrooms, Building mechanical, electrical and telephone closets, and replacements to (i) all common and public areas and the foundationsBuilding security, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, life safety, plumbing, elevator sprinkler systems and HVAC systems servicing (collectively, the Building"BUILDING SYSTEMS") and all other Common Areas within the Project, and the cost of such maintenance and repair shall be included in Operating Expenses. In addition, as requested by Tenant and as Landlord reasonably deems necessary, Landlord shall maintain, repair and replace all damaged, broken, or worn fixtures, floor covering, mechanical and electrical systems and appurtenances (including without limitation light fixtures, light bulbs and fans) within the Premises (subject to the provisions of ARTICLE 27 regarding Landlord's access to the Premises), excepting any Alterations (as defined in ARTICLE 8) or personal property within the Premises, and excluding damage caused by Tenant (other than ordinary wear and tear and damage covered by insurance, to the extent of such coverage) and shall include the costs thereof in Operating Expenses. Landlord shall additionally make certain minor ordinary course undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this SECTION 7.1 promptly after Landlord learns of the need for such maintenance, repairs and replacements, but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of "EMERGENCY" (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property, and/or damage or destruction to or of a structural component or any electrical, plumbing, mechanical or telecommunications systems in or providing service to the Leased PremisesBuilding which materially impairs Tenant's ability to utilize the Premises as intended for more than 24 consecutive hours or more than 24 hours within any five (5) day period), including ceiling tile replacementLandlord shall perform any maintenance, light bulb replacement in the Common Areas, door repairs and repair replacements as soon as reasonably practicable after it learns of window treatment mechanicalsthe need for such maintenance, repairs and replacements. Notwithstanding the foregoing or anything contained elsewhere in this Lease herein to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten reimburse Landlord as Additional Rent, within thirty (1030) days after receipt of an Landlord's invoice, for seventy percent (70%) of all costs paid to third parties associated with the repair, maintenance and replacement of the air handlers and chillers which service the Lab Areas (as defined in SECTION 6.1.1, above) of the Premises and such costs shall thereafter not be included in the calculation of Operating Expenses. Notwithstanding the foregoing, with respect to all costs for replacements of the air handlers and chillers (or components thereof) which service the Lab Area that are capital in nature under generally accepted accounting principles, at Tenant's option, to be exercised within thirty days after receipt of Landlord's first invoice therefor from for such costs, in lieu of reimbursing Landlord within thirty days, such costs shall be amortized (with interest at ten percent (10%) per annum) over the lesser of (i) the remaining Term of the Lease, or (ii) the useful life of the item being replaced, and Tenant shall pay Landlord, as Additional Rent, on a monthly basis, the amortized portion and interest applicable thereto. In the event that Tenant shall reimburse Landlord for any is dissatisfied with the quality or cost incurred by Landlord to replace any lost key or electronic key card of repairs, maintenance and/or replacement of the air handlers and failure to timely do so shall constitute an Advance. Upon not less than one business days’ chillers which service the Lab Areas, then upon thirty (30) days advance written notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leasemay elect to repair, maintain and replace said air handlers and chillers, in which case, Tenant shall return provide Landlord with a copy of any maintenance contract(s), and all invoices, receipts, statements, guaranties and warranties for such keys repair, maintenance or replacement, and electronic key cards Landlord shall reimburse Tenant, within thirty (30) days after receipt of Tenant's invoice for thirty percent (30%) of all costs paid to Landlord. In additionthird parties associated with the repair, Tenant maintenance and replacement of said air handlers and chillers, provided that the cost to Landlord shall have in no event exceed the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to amount which would have been granted and (ii) not be conditioned upon a requirement payable by Landlord if Landlord had retained responsibility for Tenant to remove the samesuch work. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallLandlord, and at its sole cost and Landlord's expense, make all necessary capital shall repair ---------------------- and maintain the structural portions of the roof (but not roof membrane or other non-capital structural elements of the roof) and structural portions of the Buildings unless the maintenance and repair are caused in whole or in part by the act, neglect, fault or omission of any duty of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of the maintenance and repairs caused in whole or in part by Tenant. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs alterations or improvements in or to the Leased Premisesfixtures, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs appurtenances and repair equipment therein. Landlord's cost of window treatment mechanicals. Notwithstanding performing the foregoing or anything contained elsewhere obligations shall be included in Operating Expenses; provided, however, any items required to be capitalized under generally accepted accounting principles shall only be included in Operating Expenses on an amortized basis plus interest in accordance with subsection 5(b). In addition, if the performance of Landlord's obligations pursuant to this Lease subsection 10(b) directly result in Tenant being unable to the contrary, conduct its business in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components a material portion of such Building and Tenant actually vacates such portion of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number a period in excess of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days consecutive days, then, from and after receipt the expiration of an invoice therefor from Landlordsuch ten (10) day period, Base Rent shall xxxxx on a prorated basis to the extent such portion of the Premises is untenantable until such time as the Premises is in a condition so that Tenant may reasonably resume the conduct of its business; provided, however, such abatement of Base Rent shall reimburse Landlord not apply to the extent Tenant's obligation for any cost incurred by Landlord the payment of Base Rent during such period is or would be covered under insurance policies maintained or required to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified be maintained by Tenant as having been lost. Upon expiration or earlier termination of under this Lease if this sentence were not included in the Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, agrees to repair and at its sole cost maintain in good order and expense, make all necessary capital and non-capital repairs, and replacements to (i) condition the foundations, outer wall, roof and other structural components portions of the Building, the roof, the foundations, exterior surfaces of exterior walls of the Building and the Facility and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are (i) attributable to items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and appliances constructed or installed within Tenant's Premises) or (ii) caused in part or in whole by the Common Areasact, and neglect or omission of any duty by Tenant, its agents, servants, employees or invitees or (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs Tenant's responsibility pursuant to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination terms of this Lease, in any which case Tenant will pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall return all such keys promptly notify Landlord of the necessity of any repairs which Tenant may have knowledge of and electronic key cards to Landlordwhich Landlord is responsible for under the provisions of this Lease. In additionExcept as provided in Article XX concerning damage by fire and casualty, Tenant will not be entitled to any abatement of rent and Landlord will not have any liability by reason of any injury to or interference with Tenant's business arising from the making, or failure to make, any repairs, alterations or improvements in or to any portion of the Building, the Facility or the Premises or in or to fixtures, appurtenances and equipment therein. Notwithstanding anything to the contrary contained herein, the cost of any repair and maintenance which Landlord is obligated to perform pursuant to the terms of this Lease shall have be deemed to constitute Operating Expenses except as otherwise expressly set forth in the definition of Operating Expenses on Exhibit C attached hereto. Tenant waives the right to install make repairs at --------- Landlord's expense under any additional security system for Applicable Laws (including, without limitation, the Leased Premises at its sole cost provisions of California Civil Code Sections 1941 and expense 1942 and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes successor statutes or laws of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samesimilar nature). (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) Landlord shall construct the foundationscompleted Building shell, outer walland the Leasehold Improvements to the Premises as described in the Work Letter Agreement, roof all in full compliance with all applicable law including, but not limited to, the Americans with Disabilities Act of 1990 and all regulations issued thereunder. (ii) Subject to reimbursement in accordance with Section 5(b), equipment (except as otherwise provided herein), Landlord shall maintain, repair, and replace as necessary the plumbing, heating, ventilating and air conditioning, lighting and other structural components electrical and mechanical equipment, sprinkler system, elevators, and glass (unless broken or damaged due to the gross negligence or willful misconduct of Tenant) within the Property, and make all other repairs or replacements to the Property which Tenant is not hereby required to make. Landlord shall maintain, repair and replace as necessary the exterior of the Building, (ii) including the Common Areasroof, exterior walls, foundation, drains, downspouts, and (iii) Building mechanicalgutters. Landlord shall maintain, electricalrepair, plumbingand replace as necessary the driveways, elevator sidewalks, parking areas, lighting, landscaping and HVAC systems servicing fencing located outside of and serving the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged Landlord's obligations regarding any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning ("HVAC") and electrical systems serving shall be limited to the Leased Building's standard central HVAC and electrical systems, and Landlord shall have no obligation to maintain or repair any HVAC or electrical system that has been installed to accommodate Tenant's specific use of the Premises and agrees to accept the same in their “as is” conditionincluding, without warranty limitation, any HVAC units which control the temperature in Tenant's computer server room (provided, however, that any contractor retained by Tenant to maintain or repair any such HVAC or electrical system shall be subject to Landlord's reasonable approval). Landlord shall not be obligated to service, maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord's expense, or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard premises in the Building contain fluorescent light fixtures, Landlord's obligation shall be limited to the replacement of Building standard fluorescent light tubes, irrespective of any kindincandescent fixtures that may have been installed in the Premises at Tenant's expense). Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord's failure to furnish, or an interruption in, any services or utilities (including, without limitation, any interruption in telephone service caused by a failure of the Cabling) when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for any other causes except to the extent such interruption or failure is caused by Landlord's grossly negligent act or omission or willful misconduct. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services or utilities to be provided under this Lease, except to the extent such interruption or failure is caused by Landlord's grossly negligent act or omission or willful misconduct.

Landlord’s Obligations. For the purposes of Section 7.01 of the lease form: (a) Landlord shall, Landlord's maintenance and at its sole cost and expense, make repair obligations shall include all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and utilities lines serving other structural components portions of the Building, Center (iinot including the Premises) but located within the Common Areas, Premises and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing all utilities mains serving the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased PremisesCenter, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an AdvancePremises. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, Tenant's maintenance and repair obligations shall include all utilities lines exclusively serving the Premises, whether located outside of or within the Premises, to Tenant's points of connection to Landlord's mains. For this purpose, Landlord warrants that the sewer and water lines serving the Premises are already located under and within the Premises and that Tenant's electrical connection for the Common Areas, including Premises will be an electrical board sufficient for 100 amperage service within fifty (50) feet of the sidewalks, driveways and parking area, as applicable, serving demising line of the BuildingPremises. (c) Landlord shall provide Tenant with such number of keys Features to be maintained and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred repaired by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon will include roof decking, the subfloor of the Premises, the structural components of the Center, including the Premises, not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified constructed by Tenant and those elements which require maintenance and repair as having been lost. Upon expiration the result of negligent or earlier termination intentional failure of this Lease, Tenant shall return all Landlord to perform its maintenance and repair obligations pursuant to such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameSection. (d) Tenant acknowledges that it has inspected Repair and maintenance costs pursuant to such Section to be included in common area costs shall not include any costs classified under generally accepted accounting principles as capital in nature. (e) Any cost incurred by Landlord pursuant to Section 7.01 of the Leased Premises and lease form for which Landlord is actually reimbursed from insurance proceeds, condemnation proceeds, a warranty, another tenant or any other source shall not be included in common area costs to the mechanicalextent of such reimbursement. Any such cost incurred by Landlord for which Landlord is entitled to be reimbursed from insurance proceeds, electricalcondemnation proceeds, plumbing and heatinganother tenant or any other source not including a warranty shall not be included in common area costs to the extent of such entitlement, ventilation and air conditioning systems serving whether or not Landlord actually receives such reimbursement. Any such cost incurred by Landlord for which Landlord is entitled to be reimbursed from a warranty shall not be included in common area costs only to the Leased Premises and agrees to accept extent of the same in their “as is” condition, without warranty reimbursement actually received by Landlord from the maker of any kindsuch warranty.

Landlord’s Obligations. Subject to the provisions of Article Seven (aDamage or Destruction) and Article Eight (Condemnation), Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) shall be responsible for keeping the foundations, outer wall, roof and other structural components of the BuildingBuilding in usable condition and repair, (ii) at Landlord's sole expense. Notwithstanding the Common Areasforegoing, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course all repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other structural components of the Building which are required because of the misuse or neglect of Tenant or its subtenants or the Leased Premises described inagents, employees or contemplated bycontractors of any of them shall be undertaken by Landlord at Tenant's sole expense, this subsectionor, at Landlord's election, by Tenant at Tenant's sole expense. Further subject to the provisions of Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall cause them to be repaired or replacedresponsible for, as necessaryat the expense of Tenant, maintaining and repairing the nonstructural roof and roof membrane, parking areas, landscape areas and truck courtyards, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for exterior surfaces of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number exterior walls of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees("Landlord Maintenance Items"). Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost The costs incurred by Landlord in connection with the Landlord Maintenance Items, including a reasonable management fee not to exceed four percent (4%) of such costs, shall be referred to herein as the "Landlord Maintenance Costs." If, for reason other than the misuse or neglect of Tenant or its subtenants or the agents employees or contractors of any of them, the nonstructural roof, roof membrane, parking areas or truck courtyards need to be replaced, or the exterior of the entire Building needs to be repainted (as opposed to general repair and maintenance efforts), then Landlord shall undertake same at Landlord's sole expense. The word "replaced," as used in the immediately preceding sentence, shall include repair costs which are of such a nature that, under generally accepted accounting principles, they should be treated as capital expenditures. Except as set forth in this Section 6.03, Landlord shall have absolutely no responsibility to repair, maintain or replace any lost key portion of the Property at any time. Tenant waives the benefit of any present or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by future law which might give Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for repair the Leased Premises Property at its sole cost and Landlord's expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes or to terminate the Lease due to the condition of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameProperty. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to and in accordance with the provisions of this Section 3, Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to will (i) purchase the foundations, outer wall, roof and other structural components of the BuildingLand, (ii) design, construct and install the Common AreasCold Shell on the Land, and (iii) Building mechanicalinstall the Leasehold Improvements and (iv) relocate Tenant from its existing facility in Northglenn, electrical, plumbing, elevator and HVAC systems servicing Colorado to the BuildingPremises. Landlord shall additionally make certain minor ordinary course repairs bear the costs for such activities up to a total of , which costs shall include, but shall not be limited to, funds expended for all Land, design, planning, development, governmental approvals and/or permits, construction and relocation costs. To the Leased Premisesextent the total cost for such activities exceeds (including costs attributable to Change Orders), including ceiling tile replacementthen such amount shall be "Tenant's Cost'' and Tenant shall pay Landlord such additional amount within twenty (20) days after receipt of Landlord's invoice. In the event the total cost for such activities is less than , light bulb replacement Tenant shall not be entitled to any credit. The parties agree to work together so that this project can be completed promptly and in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancemost cost-efficient manner possible. (b) The determination and approval of costs associated with items (ii) and (iii) of subsection (a) are addressed in this Section 3. Costs associated with item (i) of subsection (a) shall be identified in Exhibit D. Landlord and Tenant hereby approve and acknowledge the costs set forth in Exhibit D. Costs associated with item (iv) of subsection (a) and the particular items of personal property to be relocated shall arrange be itemized and identified in a list to be approved in writing by Landlord and Tenant within 30 Business Days prior to the relocation of Tenant. Any changes to such list shall be approved by both Landlord and Tenant in writing. Tenant shall assume responsibility for coordinating the relocation, subject to further reasonable coordination with Landlord, and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for together the Common Areas, including parties shall develop a moving schedule to accomplish Tenant's relocation as close as is practical to the sidewalks, driveways and parking area, as applicable, serving Commencement Date. The parties shall promptly disclose all relevant information that may affect the Buildingapproved moving schedule. The parties shall work together to accomplish the relocation in the most cost-effective manner. (c) Landlord shall provide will use reasonable efforts to cause Landlord's Work to be Substantially Completed by the Projected Commencement Date and will continually advise Tenant with such number during the construction process of keys and electronic key cards for any changes in the Leased Premises and the Building as Tenant shall reasonably require for its owners and employeesanticipated Commencement Date. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for In any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordevent, Landlord will deactivate any electronic key card specifically identified by give Tenant as having been lost. Upon expiration or earlier termination at least 60 Business Days' prior notice of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for occurrence of the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameCommencement Date. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subject to the provisions of Articles X and XIII hereof, Landlord shall replace the exterior roof, exterior walls (aexcluding windows, window frames, doors, door frames and any interior improvements) Landlord shalland foundation of the Building and maintain, repair and replace the floors and floor slabs, except for Tenant’s obligations in Section 8.1 above, at its Landlord’s sole cost and expense. In addition, make Landlord shall maintain and repair the parking lot, exterior roof, exterior walls (excluding windows, window frames, doors, door frames and any interior improvements) and foundation of the Building and all necessary capital costs incurred by Landlord in connection with such maintenance and non-capital repairsrepairs shall be deemed Expenses. In the event Landlord, in its reasonable discretion, determines that any component of the Premises or the Project (other than roof, exterior walls, foundation and replacements to (i) the foundations, outer wall, roof and other structural components portions of the Building), (ii) including, without limitation the Common AreasHVAC system and parking lot, and (iii) Building mechanicalrequires replacement and, electricalif such replacement constitutes a capital expenditure under generally accepted accounting principals, plumbing, elevator and HVAC systems servicing the Building. then Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessaryreplace said capital item, and the cost thereof shall constitute an Advance. be amortized at 10% over the useful life (bas determined by generally accepted accounting principles) and Tenant shall pay to Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking areamonthly, as applicableadditional Rent, serving the Building. monthly amortized cost for each month during the Term (cincluding any Renewal Term (as herein defined)) commencing on the date of replacement and ending on the Termination Date or Tenant, at its option, may, after completion of the replacement, pay to Landlord shall provide Tenant with such the cost of said replacement multiplied by a fraction, the numerator being the remaining years remaining on the Term (as may be extended by any renewal of the Lease) and the denominator being the useful life (number of keys and electronic key cards for years) of the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration replacement (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samedetermined by generally accepted accounting principles). (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Except for repairs and replacements to the Premises that Tenant must make under Section 11.1 above, and subject to the provisions of Section 20 below, Landlord shall pay for and make all other repairs and/or replacements to the Building. Landlord shall commence such repairs and/or replacements within thirty (a30) days of receiving, from Tenant, written notice of the need for the repairs and/or replacements. Landlord shall, and at its sole cost and expense, make all the repairs and replacements necessary capital and non-capital to maintain the Building in a good condition. Such repairs, replacements and replacements to (i) maintenance shall include without limitation the foundations, outer wallupkeep of the roof, roof structures and other supports, HVAC (excluding Tenant’s maintenance contract), sprinkler system, gutters, downspouts, foundation, exterior walls, and all structural components of the Building. Landlord shall also repair and maintain all sidewalks, landscaping and drainage systems on the Property and all utility systems (ii) the Common Areas, and (iii) Building including mechanical, electrical, plumbing, elevator and HVAC systems) and plumbing systems servicing which serve the BuildingBuilding as a whole. Landlord shall additionally make certain minor ordinary course repairs not be required to maintain the interior surface of exterior walls, windows, doors or plate glass, signage, storefronts, night deposit boxes or automatic dispensing machines or equipment relating to the Leased Premises. For the avoidance of doubt, in no event shall Landlord be required to repair or maintain Tenant’s improvements or trade fixtures. In the event of imminent threat to life or of bodily injury or substantial damage to property within the Premises, including ceiling tile replacementTenant may give Landlord such notice as is practicable under the circumstances, light bulb replacement and if Landlord fails to undertake to make such repairs immediately, Tenant may immediately undertake such repairs and submit an invoice for the reasonable costs thereof to Landlord for reimbursement and Landlord shall reimburse Tenant within a reasonable period after its receipt of invoicing and reasonable supporting documentation. Except as provided in the Common Areasimmediately preceding sentence, door Tenant waives any right to make repairs and repair at Landlord’s expense. Further, in no event shall any abatement of window treatment mechanicalsrent result (except as provide in Section 20 below), nor shall any liability to Landlord (whether for injury or interference with Xxxxxx’s business or otherwise) accrue based upon any need arising for repairs or maintenance for which Landlord is responsible under this Section 11.1. Notwithstanding the foregoing or anything contained elsewhere in this Lease any provision to the contrary, in Landlord’s obligations under this Section shall not include making (a) any repair or improvement necessitated by the event that Landlord shall reasonably determine that negligence or willful misconduct of Tenant, or Tenant’s owners, its agents, contractors, directors, officers, employees, guests, invitees, customers employees or licensees, shall have committed waste upon, abused servants; or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and any repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred or improvement caused by Landlord to replace any lost key or electronic key card and Tenant’s failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, perform its obligations hereunder or under any other agreement between Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameTenant. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Unless otherwise expressly provided, Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises during the term of this Lease except those repairs set forth in this Paragraph 5. 1. Landlord shall maintain in good repair and condition, except for reasonable wear and tear, only the following: (a) Landlord shall, utility service lines and at its sole cost equipment between the Lot boundary and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance.; (b) Landlord shall arrange for underground storm and supervise rubbish removalsanitary sewers and drain lines, snow removalpipes, lawn conducts and landscaping service, maintenance other underground facilities between the Lot boundary and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building.; (c) all paved areas on the Premises including the driveways, sidewalks, parking lots and truck aprons; (d) the roof, foundation, and the structural soundness of the exterior walls (excluding all doors) of the Building; and (e) all windows at the Premises with respect to manufacturers' warranties and installation (and not with respect to cleaning or repairs after damage); (f) all landscaping surrounding the building (including the replacement of any trees stricken by drought conditions prior to the Lease Commencement Date). (g) if the Building's exterior is painted, Landlord shall provide Tenant be responsible for repainting the Building's exterior (except for exterior doors). Payment of the cost of the foregoing repairs and maintenance shall be determined in accordance with such number of keys and electronic key cards for the Leased Premises Section 4 and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination other express provisions of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionand, Tenant shall have without limiting the right to install any additional security system for generality of the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined foregoing, the payment of the costs incurred in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. connection with items (d) and (e) above, except for the costs of routine maintenance of the roof (which are not to be capitalized under GAAP or federal income tax law or regulations), shall not be deemed Operating Expenses or otherwise chargeable the Tenant. Tenant acknowledges that it has inspected shall repair and pay for any damage including those repairs which are the Leased Premises responsibility of Landlord, as stated above, caused by any negligent or intentional act or omission of Tenant or Tenant's agents, employees and the mechanicalinvitees. Landlord shall not be liable to Tenant for any damage or inconvenience caused by making of repairs, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees Tenant shall not be entitled to accept the same in their “as is” condition, without warranty any abatement or reduction of rent by reason of any kindrepairs, alterations or additions made by Landlord under this Lease.

Landlord’s Obligations. All other costs of owning, operating and maintaining the Land and the Building shall be paid by Landlord. These shall include, without limitation (and the following costs shall not be included within Operating Costs): (a) costs occasioned by the act, omission or violation of law by Landlord; (b) costs occasioned by casualties of a type that would be covered by an all-risk property insurance policy (including earthquake and flood) or by other insurance carried by Landlord shallor occasioned by the exercise of the power of eminent domain; (c) costs relating to repairs, alterations, improvements, and at its sole cost equipment which must be capitalized under generally accepted accounting principles, including without limitation capital expenditures and expenseimprovements made or to make the Building or Land comply with applicable laws, make all necessary capital regulations, or ordinances, including but not limited to the Americans With Disabilities Act (but excluding any improvements required due to Tenant's particular use of the Premises); (d) lease payments and non-capital repairsthe costs of acquiring machinery and equipment which must be capitalized under generally accepted accounting principles, such as air conditioners, elevators, and replacements the like; (e) costs for which Landlord has a right of reimbursement from others; (f) costs to correct any construction defect in the Premises or the Building, or to comply with any CC&R, underwriter's requirement or law applicable to the Premises or the Building which was in effect as of the Commencement Date: (g) costs of any renovation, improvement, painting or redecorating of any portion of the Land or Building not made available for Tenant's use; (h) fees, commissions, attorneys' fees, auditing fees, brokerage fees or commissions, and other costs incurred in connection with negotiations or disputes with any other current, past, or prospective occupant or tenant of the Land or in preparing, negotiating or enforcing leases or lease-related documents such as guarantees, estoppels, nondisturbance agreements, termination agreements, amendments, subleases, assignments, and the like; (i) costs arising from the foundations, outer wall, roof and other structural components violation by Landlord or any occupant of the Building, Land (iiother than Tenant) of the Common Areasterms and conditions of any lease or other agreement, and any rental concessions or buyouts or tenant relocations: (iiij) Building mechanicalinterest, electricalcharges and fees incurred on debt, plumbingpayment on mortgages and rent under ground leases, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premisescosts expended in connection with any sale, including ceiling tile replacementhypothecation, light bulb replacement in the Common Areasfinancing, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenantrefinancing, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components ground lease of the Building or Land or of the Leased Premises described inLandlord's interest therein; (k) any depreciation for any of the real property associated with the Premises, Building or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common AreasLand, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord any leasehold improvements; any reserves for any cost incurred by Landlord to replace purpose, any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordbad debt, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leaserent loss, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.or

Landlord’s Obligations. (a) A. Subject to the provisions ofArticles X and XIII hereof, Landlord shall, and at its sole cost and expense, make all necessary capital maintain the structural soundness of the roof, foundation, exterior walls and non-capital repairsfloor slab. Landlord shall, at its sole cost and replacements expense, replace the roof and/or roof membrane, if required. If any work required to be performed by Landlord under this Section 8.2A is necessitated by Tenant's acts or omissions (i) including, but not limited to negligence or excessive use, but excluding normal use of the foundationsfloor slab), outer wallthen Landlord shall perform the maintenance, repair or replacement at Tenant's sole cost and expense and the amounts payable from Tenant to Landlord therefor shall be deemed Additional Rent and shall be due and payable in full upon Landlord's demand. B. Landlord shall repair the roof and other structural components of the Buildingmaintain, (ii) the Common Areas, repair and (iii) Building mechanical, electrical, replace aU plumbing, elevator '.!]lechanical and HVAC electrical systems servicing located on the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components Project outside of the Building and serving more than the Premises installed by Landlord and all exterior portions ofthe Project, including, but not limited to the parking areas and other common areas of the Project, including, but not limited to sidewalks, driveways, alleys and other portions ofthe Land. Landlord's maintenance obligations shall include, but shall not be limited to, snow removal and landscaping. All costs incurred by Landlord in connection with the foregoing maintenance, repairs and replacements shall be deemed Expenses. C. In the event Landlord, in its reasonable discretion, determines that the HVAC system . (instead of maintenance and repair which shall be Tenant's obligation under Section 8.1) or any component ofthe Premises (other than roof and/or roof membrane) requires replacement and, if such replacement constitutes a capital expenditure under generally accepted accounting principals and the Leased Premises described incost ofsuch replacement exceeds Twenty-Five Thousand and No/100 Dollars ($25,000.00), or contemplated by, this subsection, then Landlord shall cause them to be repaired or replaced, as necessaryreplace said HVAC system and/or capital item, and the cost thereof shall constitute an Advance. be amortized on a straight line basis at 8% over the useful life (b) Landlord shall arrange for and supervise rubbish removalas reasonably determined by Landlord, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten at a minimum often (10) days after receipt years and maximum of an invoice therefor from Landlordtwenty (20) years). In such event, Tenant shall reimburse pay to Landlord monthly, as Expenses and Additional Rent, the monthly amortized cost ofperforming the replacement for each month during the Term (including any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.781999_9 12 MfM

Landlord’s Obligations. Landlord shall keep the Project (aexcluding the interior of the Premises and space leased to other occupants of the Project) Landlord shallin good condition and repair, and at its sole cost and expenseincluding without limitation, make all any necessary capital and non-capital repairs, repairs and replacements to (i) the foundationsexterior walls, outer wallwindows and doors, roof and other roof, floor slabs, structural components elements of the BuildingProject, and (ii) the Common Areas, and (iii) Building mechanicalincluding all heating, electricallife-safety, plumbing, elevator ventilating, air-conditioning, electrical and HVAC mechanical systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in serving the Common Areas, door all subject to reimbursement permitted by Section 5.1 hereinabove. If plumbing pipes, electrical wiring, HVAC ducts or vents within the Premises are in need of repair, Tenant shall advise Landlord (telephonically or otherwise), and Landlord shall cause the repairs to be completed within a reasonable time, and, unless necessitated by the negligent or intentional acts of Tenant, its agents, employees or contractors, the entire cost of the repairs shall be considered an Operating Expense and, unless expressly excluded pursuant to Section 5.1, reimbursed in accordance with Section 5.1 herein. Except as provided in Section 9.3, there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Project or any part thereof. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Project in good order, condition and repair. All repairs and repair of window treatment mechanicals. Notwithstanding the foregoing maintenance required to be performed by Landlord pursuant to this Section 8.1 or anything contained elsewhere in this Lease to shall be performed in a manner consistent with the contrary, services provided in similar buildings of the same age and quality and which are centrally located in the event that Landlord Cedar Knolls, New Jersey area. Nothing in this Section 8.1 shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant waiver of Tenant’s right to remove the samea claim of constructive eviction. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord will, except as otherwise expressly provided herein as to Tenant's obligations, maintain and keep in good repair (a) Landlord shallincluding replacement when necessary), and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall Appurtenances, including the main lobbies and lobbies on multi-tenant floors, elevators, electrical lines, plumbing fixtures not part of Tenant's Leasehold Improvements, heating, ventilating and air-conditioning equipment not part of Tenant's Leasehold Improvements, landscaping, restrooms, outside walls, windows, the roof, gutters and downspouts, sanitary sewers, the Parking Garage and lights, the sidewalks, the common area and all other structural parts of the Building. Landlord will keep the driveways, serviceways and walkways reasonably require for its owners free of snow, ice and employees. Within ten (10) days after receipt of an invoice therefor from Landlorddebris, Tenant shall reimburse Landlord for any cost incurred and keep all other equipment used to provide the services furnished by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advanceunder this Section in good repair. Upon not less than one business days’ notice to LandlordAt Tenant's sole cost, Landlord will deactivate make repairs necessitated by reason of the negligence or omission or wilful misconduct of Tenant, Tenant's agents, employees or invitees, or by reason of the failure of Tenant to perform or observe any electronic key card specifically identified by Tenant as having been lost. Upon expiration condition or earlier termination of agreement contained in this Lease, or caused by alterations, additions or improvements made by Tenant, Tenant's agents, employees or invitees. Landlord is not in any way liable to Tenant shall return all for failure to make repairs herein required of Landlord unless Tenant has previously notified Landlord, in writing, of the need for such keys repairs and electronic key cards Landlord fails to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any make such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes repairs within a reasonable period of this Lease; provided Landlord’s prior time following receipt of Tenant's written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samenotice. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallExcept to the extent otherwise expressly provided elsewhere in this Lease, and at its sole excluding any responsibilities expressly delegated to Tenant elsewhere in this Lease, Landlord shall keep the Facility and Building, including the Common Areas and the Base Building Systems (including the above-ceiling distribution thereof, the cost of which above-ceiling distribution repairs shall be included as part of Operating Expenses, the mechanical rooms and expensethe stairwells (exclusive of Tenant’s security system)) in good condition and repair, make all necessary capital and non-capital repairsin accordance with standards generally comparable to those observed in Comparable Buildings (but in no event shall such standards fall below those standards set forth in Exhibit D attached hereto), and replacements in compliance all with applicable Laws, and so as not to (i) the foundationsdeprive Tenant of its use and enjoyment, outer wallor materially adversely impair Tenant in its herein-allowed use and enjoyment, roof and other structural components of the Building, (ii) Premises or the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs not, however, be obligated to maintain, repair, or replace any of the Leased following within the Premises: interior windows, including ceiling tile replacementwindow coverings, light bulb replacement in the Common Areasdoors, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancehardware. (b) Subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, Landlord shall arrange for perform all needed repairs to and supervise rubbish removalreplacements of the exterior windows in the Premises; provided, snow removalhowever, lawn and landscaping service, maintenance and repair that Tenant shall reimburse Landlord for the Common Areasfull cost of repairs or replacements needed because of damage caused by the gross negligence or willful misconduct of Tenant or any Tenant Party (only to the extent that the proceeds (if any) of insurance payable under the applicable policy shall be insufficient). Also, including Landlord shall not be obligated to perform repairs for which Tenant has expressly assumed responsibility under other provisions of this Lease. Tenant hereby acknowledges that the sidewalksforegoing description of certain obligations and rights of Landlord is not intended to limit or restrict Landlord’s rights under other provisions of this Lease to reimbursement for costs and expenses incurred in connection with such matters. Notwithstanding anything to the contrary contained in this Subsection 11.2, driveways in the event Landlord, for any reason, fails to commence and parking areadiligently pursue completion of any repairs required to be made by Landlord under this Section 11 within a period of thirty (30) days after Tenant delivers written notice to Landlord of the need for such repairs, (a) Rent shall be equitably abated commencing upon the date of Tenant’s delivery of Tenant’s notice to Landlord regarding Landlord’s failure to commence and/or diligently pursue such repairs in such thirty (30) day period, and (b) Tenant shall have the right to make such repairs which are non-structural, which do not affect the exterior of the Building and which do not adversely affect the Base Building’s Systems; provided, however, that in the event any such failure by Landlord to perform required repairs constitutes an Adverse Condition (as applicabledefined in Subsection 17.4 below), serving the BuildingTenant’s abatement rights shall be governed by Subsection 17.4. (c) In the event Tenant exercises its right to repair as set forth in the immediately preceding sentence, Tenant shall provide to Landlord (or to any “Qualified First Mortgagee,” which shall mean and refer to any first mortgagee of the Building, the identity and address of which has been provided to Tenant in writing prior thereto) with a reasonably particularized invoice for such repair. To the extent Landlord agrees with such invoice or does not provide Tenant with written notice of its dispute with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant invoice, Landlord shall reasonably require for its owners and employees. Within ten pay such invoice within thirty (1030) days after of receipt of an invoice therefor from Landlord, Tenant shall reimburse same. To the extent Landlord for any cost incurred by Landlord fails to replace any lost key or electronic key card make such payment and fails to provide a written objection defending such failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all within such keys and electronic key cards to Landlord. In additionthirty (30) day period, Tenant shall have the right to install offset the amount of such invoice plus interest at the Interest Rate against Rent; provided, however, that it is hereby deemed in this Lease that, with respect to any additional security system for right of offset in favor of Tenant, notices which must be delivered to Landlord must also be delivered to any Qualified First Mortgagee, which Qualified First Mortgagee shall have the Leased Premises at right to act on behalf of Landlord if Landlord fails to respond as required of Landlord in this Subsection 11.2. If, within thirty (30) days of Landlord’s receipt of such invoice Landlord provides Tenant with written notice of its sole cost and expense and any dispute of such installation invoice, the matter shall constitute an Alteration (as defined be referred to arbitration in Section 6.2 hereof) for purposes of accordance with the Exhibit F attached to this Lease; provided . Any award in favor of Tenant not paid to Tenant within thirty (30) days of Landlord’s prior written consent for the additional security system receipt thereof shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for entitle Tenant to remove offset the sameaward against the next due payment of Rent. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. 11.2.1 Except to the extent otherwise expressly provided elsewhere in this Lease and excluding any responsibilities expressly delegated to Tenant elsewhere in this Lease, but subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, as applicable, Landlord shall keep the Facility and Building, including the Common Areas and the Base Building Systems (aincluding the above-ceiling distribution thereof), the mechanical rooms and the stairwells (exclusive of Tenant’s security system) in good condition and repair. Landlord shall, shall repair and maintain (subject to reimbursement as an Operating Expense) and replace (at its Landlord’s sole cost and expense, make all necessary capital and non-capital repairsnot to be passed through as an Operating Expense except to the extent otherwise permitted herein), and replacements to (i) the foundations, outer wall, roof and other structural components portions of the Building, (ii) Building and the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the BuildingFacility. Landlord shall additionally make certain minor ordinary course repairs not, however, be obligated to maintain, repair, or replace any of the following within the Premises: interior windows, window coverings, doors, or door hardware. Landlord’s maintenance, repair and replacement activities shall be at a level substantially similar to the Leased Premiseslevel of maintenance, including ceiling tile replacement, light bulb repair and replacement in the Common Areas, door repairs and repair standards of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an AdvanceComparable Buildings. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area11.2.2 Subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number perform all needed repairs to and replacements of keys and electronic key cards for the Leased Premises and exterior windows in the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordPremises; provided, however, that Tenant shall reimburse Landlord for the full cost of repairs or replacements needed because of damage caused by the negligence or willful misconduct of Tenant or any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an AdvanceTenant Party. Upon not less than one business days’ notice to LandlordAlso, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination shall not be obligated to perform repairs for which Xxxxxx has expressly assumed responsibility under other provisions of this Lease, . Tenant shall return all such keys hereby acknowledges that the foregoing description of certain obligations and electronic key cards rights of Landlord is not intended to limit or restrict Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes ’s rights under other provisions of this Lease; provided Landlord’s prior written consent Lease to reimbursement for the additional security system shall (i) be deemed to have been granted costs and (ii) not be conditioned upon a requirement for Tenant to remove the sameexpenses incurred in connection with such matters. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallProvided that Tenant is not in default in the performance or observation of any of the terms, covenants, conditions or provisions of this Lease to be kept and at its sole cost performed or observed by it, Landlord, subject to the rules and expenseregulations of the Building hereinafter referred to, make all necessary capital and non-capital repairs, and replacements agrees to (i) furnish to the foundationsPremises during reasonable hours of generally recognized business days (as determined by Landlord) water, outer wallgas, roof electricity, heating and other structural components air conditioning suitable for the intended use of the Building, Premises; (ii) maintain and keep lighted the Common Areascommon stairs, entries and bathrooms in the Building and outside lighting on the Property; (iii) make all repairs other than those specified to be Tenant's obligation under this Lease; and (iv) maintain and repair, other than as specified to be Tenant's obligation under this Lease, the elevators, if any, and maintain all portions of the Property and Building mechanical, electrical, plumbing, elevator used in common by Tenant and HVAC systems servicing Landlord's other tenants; provided that such repair shall be at Tenant's cost and expense if damage thereto is caused by the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair negligence of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners's employees, agents, contractors, directors, officers, employees, guests, contractors or invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged . Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may prescribe for the proper functioning and protection of any of, the structures, systems, improvements or other components of the Building Building's heating, ventilation and air conditioning systems. Whenever heat generating machines or equipment are used in the Leased Premises described inby Tenant which affect the temperature otherwise maintained by the air conditioning system, or contemplated by, this subsectionif any, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord with interest at the Default Rate accruing from the date Landlord incurs such costs until the time payment for same is actually received by Landlord, and Landlord shall have (in addition to any additional security system for other right or remedy of Landlord) the Leased Premises at its sole same rights and remedies in the event of non-payment thereof by Tenant as in the case of failure by Tenant to pay Rent hereunder. To the extent that the cost and expense and any incurred by Landlord in performing its obligations in this SECTION 7.1 are not reimbursed to Landlord by insurance or individual tenants, such installation costs shall constitute an Alteration (as defined be included in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameOperating Expenses. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to the limitations hereinafter set forth, Landlord shallagrees, while Tenant is occupying the Premises and at its sole cost and expenseis not in breach of or in default under this Lease, make all necessary capital and non-capital repairs, and replacements to furnish to Tenant; (i) facilities to provide water at those points of supply both within the foundationsPremises and those provided for general use of tenants of the Building; (ii) facilities to provide a supply of electrical current reasonably necessary for general business office use and occupancy of the Premises and electric lighting and a supply of electrical current to the common areas of the Building; (iii) heating and refrigerated air conditioning in season; and (iv) elevator and janitorial service to the Premises, outer wallall such services to be provided in scope, roof quality and frequency to those services being customarily provided by landlords in comparable office buildings in the surrounding area. Landlord shall provide Tenant supplementary HVAC equipment in a configuration in accordance with Option A or option B as set forth in Exhibit D. Tenant shall choose either Option A or option B. Option A can operate independently from the Building HVAC system and therefore, Option A can be operated without turning on the Building HVAC system. Option B requires that the Building system be turned on. Heating, ventilation and air conditioning requirements and standards under this Lease shall be subject, however, to such regulations as the Department of Energy or any other structural components local, state or federal governmental agency, Board or commission shall adopt from time to time. In addition, Landlord agrees to maintain the public and common areas of the Building, (ii) the Common Areassuch as lobbies, stairs, corridors and (iii) Building mechanicalrestrooms, electricalin reasonably good order and condition; provided, plumbinghowever, elevator and HVAC systems servicing the Building. Landlord that Tenant shall additionally make certain minor ordinary course repairs to the Leased Premisesreimburse Landlord, including ceiling tile replacementupon demand, light bulb replacement in the Common Areas, door for all repairs and repair of window treatment mechanicals. Notwithstanding the foregoing additional maintenance resulting from damages to such public or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that common areas caused by Tenant, or Tenant’s owners, agents, contractors, directors, officers, its employees, guestsagents or invitees. Landlord reserves the right, inviteesexercisable without notice and without liability to Tenant for damage or injury to property, customers persons or licenseesbusiness and without effecting an eviction, shall have committed waste uponconstructive or actual, abused or otherwise damaged any of, the structures, systems, improvements disturbance of Tenant's use or other components possession of the Building or the Leased Premises described inPremises, or contemplated bygiving rise to any claim by Tenant for setoff or abatement of rent, this subsectionto decorate and to make repairs, Landlord shall cause them to be repaired alterations, additional modifications, changes or replacedimprovements, as necessarywhether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the cost thereof shall constitute an AdvancePremises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities. (b) If Landlord, to any extent, fails to make available any of the services to be provided by Landlord expressly set forth above or if any slowdown, stoppage or interruption of, or any change in the quantity, character or availability of, the services to be provided by Landlord expressly set forth above occurs, such failure or occurrence shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant or work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause beyond Landlord's reasonable control cease to function properly, Landlord shall arrange for and supervise rubbish removaluse reasonable diligence to repair same promptly, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, but Tenant shall have the right to install any additional security system no claim for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes abatement of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty rent or damages on account of any kindinterruptions in service occasioned thereby or resulting therefrom.

Landlord’s Obligations. (a) Landlord shallExcept to the extent otherwise expressly provided elsewhere in this Lease, and at its sole excluding any responsibilities expressly delegated to Tenant elsewhere in this Lease, Landlord shall keep the Facility and Building, including the Common Areas and the Base Building Systems (including the above-ceiling distribution thereof, the cost of which above-ceiling distribution repairs shall be included as part of Operating Expenses, the mechanical rooms and expensethe stairwells (exclusive of Tenant’s security system)) in good condition and repair, make all necessary capital and non-capital repairsin accordance with standards generally comparable to those observed in Comparable Buildings (but in no event shall such standards fall below those standards set forth in Exhibit D attached hereto), and replacements in compliance all with applicable Laws, and so as not to (i) the foundationsdeprive Tenant of its use and enjoyment, outer wallor materially adversely impair Tenant in its herein-allowed use and enjoyment, roof and other structural components of the Building, (ii) Premises or the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs not, however, be obligated to maintain, repair, or replace any of the Leased following within the Premises: interior windows, including ceiling tile replacementwindow coverings, light bulb replacement in the Common Areasdoors, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancehardware. (b) Subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, Landlord shall arrange for perform all needed repairs to and supervise rubbish removalreplacements of the exterior windows in the Premises; provided, snow removalhowever, lawn and landscaping service, maintenance and repair that Tenant shall reimburse Landlord for the Common Areasfull cost of repairs or replacements needed because of damage caused by the gross negligence or willful misconduct of Tenant or any Tenant Party (only to the extent that the proceeds (if any) of insurance payable under the applicable policy shall be insufficient). Also, including Landlord shall not be obligated to perform repairs for which Tenant has expressly assumed responsibility under other provisions of this Lease, Tenant hereby acknowledges that the sidewalksforegoing description of certain obligations and rights of Landlord is not intended to limit or restrict Landlord’s rights under other provisions of this Lease to reimbursement for costs and expenses incurred in connection with such matters. Notwithstanding anything to the contrary contained in this Subsection 11.2, driveways in the event Landlord, for any reason, fails to commence and parking areadiligently pursue completion of any repairs required to be made by Landlord under this Section 11 within a period of thirty (30) days after Tenant delivers written notice to Landlord of the need for such repairs, (a) Rent shall be equitably abated commencing upon the date of Tenant’s delivery of Tenant’s notice to Landlord regarding Landlord’s failure to commence and/or diligently pursue such repairs in such thirty (30) day period, and (b) Tenant shall have the right to make such repairs which are non-structural, which do not affect the exterior of the Building and which do not adversely affect the Base Building’s Systems; provided, however, that in the event any such failure by Landlord to perform required repairs constitutes an Adverse Condition (as applicabledefined in Subsection 17.4 below), serving the BuildingTenant’s abatement rights shall be governed by Subsection 17.4. (c) In the event Tenant exercises its right to repair as set forth in the immediately preceding sentence, Tenant shall provide to Landlord (or to any “Qualified First Mortgagee,” which shall mean and refer to any first mortgagee of the Building, the identity and address of which has been provided to Tenant in writing prior thereto) with a reasonably particularized invoice for such repair. To the extent Landlord agrees with such invoice or does not provide Tenant with written notice of its dispute with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant invoice, Landlord shall reasonably require for its owners and employees. Within ten pay such invoice within thirty (1030) days after of receipt of an invoice therefor from Landlord, Tenant shall reimburse same. To the extent Landlord for any cost incurred by Landlord fails to replace any lost key or electronic key card make such payment and fails to provide a written objection defending such failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all within such keys and electronic key cards to Landlord. In additionthirty (30) day period, Tenant shall have the right to install offset the amount of such invoice plus interest at the Interest Rate against Rent; provided, however, that it is hereby deemed in this Lease that, with respect to any additional security system for right of offset in favor of Tenant, notices which must be delivered to Landlord must also be delivered to any Qualified First Mortgagee, which Qualified First Mortgagee shall have the Leased Premises at right to act on behalf of Landlord if Landlord fails to respond as required of Landlord in this Subsection 11.2. If, within thirty (30) days of Landlord’s receipt of such invoice Landlord provides Tenant with written notice of its sole cost and expense and any dispute of such installation invoice, the matter shall constitute an Alteration (as defined be referred to arbitration in Section 6.2 hereof) for purposes of accordance with the Exhibit F attached to this Lease; provided . Any award in favor of Tenant not paid to Tenant within thirty (30) days of Landlord’s prior written consent for the additional security system receipt thereof shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for entitle Tenant to remove offset the sameaward against the next due payment of Rent. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord agrees to reasonably repair and maintain the portions of the Buildings and the portions of the Premises not required to be maintained and repaired by Tenant (a) Landlord shallincluding, and at its sole cost and expensewithout limitation, make all necessary capital and non-capital repairsfloors [excluding floor coverings except to the extent of janitorial services to be provided to the Premises], and replacements to (i) the foundations, outer wallexterior structural walls [excluding the wall coverings], roof and other structural components of the Buildingceilings [excluding ceiling coverings, (ii) the Common Areasbut including Building standard lighting fixtures], and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalksroofs, driveways and parking arealots and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord) in good condition and repair, and shall replace such items as applicableLandlord determines in good faith can no longer be repaired and are resulting in a material adverse effect on Tenant's use of the Premises, serving the Building. (c) except that Landlord shall provide be under no obligation to perform maintenance, repairs or replacements that are: (i) for, or attributable to, items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and appliances constructed or installed within Tenant's Premises) or (ii) caused in part or in whole by the act, neglect or omission of any duty by Tenant, its agents, employees or invitees, and Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice will pay to Landlord, as additional rent, the reasonable cost of all maintenance, repairs and replacements described by the preceding clauses (i) and (ii). Landlord will deactivate not be liable for any electronic key card specifically identified failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant Tenant. Except as having been lost. Upon expiration or earlier termination of this Leaseprovided in Paragraph 20, Tenant shall return all such keys will not be entitled to any abatement of rent and, in any event, Landlord will not have any liability by reason of any injury to or interference with Tenant's business (as opposed to property damage or personal injury) arising from the making of any repairs, alterations or improvements in or to any portion of the Buildings or the Premises or in or to fixtures, appurtenances and electronic key cards to Landlordequipment therein. In addition, Tenant shall have waives the right to install make repairs at Landlord's expense under any additional security system for law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the Leased extent the Premises at its sole cost are located in California, the provisions of California Civil Code Sections 1941 and expense 1942 and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes successor statutes or laws of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samesimilar nature). (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallLandlord’s only obligations during the Lease Term and any Option Term with respect to the physical condition and repair of the Premises will be the obligations set forth in Articles XI and XIII of this Lease and the obligation to replace as necessary, the structural elements of the roof (expressly excluding the roof membranes), foundations, floor slabs (expressly excluding the floor coverings), load-bearing walls and columns, exterior walls (expressly excluding the interior demising walls and any interior wall coverings), and at its sole cost exterior glass and expense, make all necessary capital and non-capital repairsexterior windows of the Premises and/or parking structures, and the Major Mechanical Equipment (collectively, “Landlord Capital Improvements”). (b) Landlord, notwithstanding the above provisions, will not be required to make replacements required under this Section 7.1 to any portion of the Premises which are made necessary, by or result from: (i) damage caused by Tenant, or any Tenant-Related Party, or by vandalism, which shall be the foundations, outer wall, roof and other structural components responsibility of the BuildingTenant, (ii) damage caused by the Common Areasfailure of Tenant to comply with its obligations under this Lease, (iii) damage caused by the use of any Landlord Capital Improvement by Tenant or any Tenant-Related Party for any purpose for which such Landlord Capital Improvement was not designed or constructed or in a manner that exceeds the physical capability or capacity of such Landlord Capital Improvements, (iv) damage caused by any Alteration made by or on behalf of Tenant or (v) fire or other casualty or condemnation, which shall be governed by the provisions of Article XI and Article XIII hereof, respectively. (c) All work described in this Section 7.1 required to be performed by Landlord shall be performed by Landlord (i) in a reasonably prompt manner following Landlord’s receipt of Tenant’s written notice describing the nature of the replacements needed in reasonable detail, or otherwise following Landlord determining the need for any such replacement, as applicable, (ii) shall be performed in accordance with all applicable Legal Requirements, in a good and workmanlike manner and in a manner so as not to damage the Premises or the components thereof, and (iii) Building mechanicalby contractors and subcontractors selected by Landlord. Before undertaking any work described in this Section 7.1, electricalLandlord’s contractors and subcontractors shall be required to deliver certificates of insurance evidencing commercially reasonable amounts of commercial general liability insurance coverage (based on the scope of work to be performed), plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. naming Tenant as an additional insured thereunder. (d) Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event and to the extent the Premises is rendered untenantable (as defined in Section 5.3.4) and Tenant is unable to use or occupy the Premises for more than three (3) consecutive business days as a result of any restoration, remediation or replacement obligations that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, are designated under this subsection, Landlord shall cause them Lease as obligations to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred performed by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of under this Lease, then Rent due under this Lease by Tenant with respect to and to the extent of the untenantable portion of the Premises shall return all xxxxx thereafter until such keys time as the affected portion(s) of the Premises are returned to a tenantable condition, and electronic key cards to Landlord. In addition(ii) in the event fifty percent (50%) or more of the Premises is rendered untenantable for a period of one hundred eighty (180) consecutive days as a result of any such repairs or maintenance, then Tenant shall have the right to install terminate this Lease by providing written notice to Landlord at any additional security system for time after the Leased expiration of said 180-day period but prior to the date the Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed are returned to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sametenantable condition. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and shall at its sole cost expense maintain in ----------------------- good order, condition and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components parts of the Building, which are agreed to consist only of the foundation and subflooring of the Building, the roof structure, exterior walls, and the interior bearing or structural walls (iiexcluding, however, interior wall surfaces), except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's Agents, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant's Agents; provided, however, (a) Tenant shall reimburse Landlord as an Operating Expense pursuant to Paragraph 17.C. for Landlord's cost of maintaining, repairing and replacing the Common Areasroof membrane and covering and Landlord's cost of maintaining, repairing, and painting the surfaces of the exterior walls of the Building, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within reimburse Landlord, within ten (10) days after Tenant's receipt of an invoice therefor from therefor, for all Landlord's cost of maintenance, Tenant shall reimburse Landlord for repair or replacement of the roof structure and the roof membrane and covering required as a result of the installation and operation of any cost incurred by of Tenant's equipment installed on the roof, including, without limitation, HVAC units and related equipment. It is an express condition precedent to all obligations of Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, repair that Tenant shall have notified Landlord of the need for such repairs. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to install any additional security system for make repairs and deduct the Leased Premises at its sole cost and expense and any expenses of such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of repairs from the Rent due under this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) During the Term, Landlord shallshall perform in a good and workmanlike manner in compliance with all applicable Legal Requirements, all maintenance, repairs and at its sole cost replacements, in a good and expenseworkmanlike manner, make all necessary capital and non-capital repairsusing materials of comparable quality, and replacements to the following: (i) the foundations, outer wall, roof and other structural components of the BuildingPremises, including without limitation the roof, roofing system, exterior walls (to the extent of a failure of the same), bearing walls, support beams, foundations, columns, and lateral support to the Premises; and (ii) the Common AreasPremises caused by the negligence or willful misconduct of Landlord, its agents, independent contractors, representatives or employees. All maintenance, repair and replacements of any and all other improvements to the Premises, including, but not limited to the plumbing, lawn and fire sprinklers, heating, ventilation and air conditioning systems, electrical and mechanical lines and equipment associated therewith, the elevators, all exterior improvements, including walks, drive aisles, parking areas and landscaping and all windows, doors, door frames and window glass, shall be the sole responsibility of Tenant, except as specifically limited by this Lease, and (iii) Building mechanicalshall be completed in a good and workmanlike manner, electrical, plumbing, elevator and HVAC systems servicing the Buildingusing materials of comparable quality. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair Table of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance.Contents (b) Landlord shall arrange for have no obligation or liability with respect to or in any way connected with the Premises, or service to the Premises, except as specifically set forth in Paragraph 8(a) above. Landlord shall not be deemed to have committed a breach of any repair obligations unless it makes repairs negligently or fails to commence repairs in a reasonable time after Landlord receives notice from Tenant, and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for Landlord’s liability in any case shall be limited to the Common Areas, including cost of making the sidewalks, driveways and parking area, as applicable, serving the Buildingrequired repairs. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord not be liable For indirect or consequential damages for any cost incurred by Landlord to replace reason, or for any lost key inconvenience, interruption or electronic key card and consequences resulting from the failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordof utilities or any service, Landlord will deactivate making repairs, improvements or resulting from leaks from steam, gas, electricity, water or any electronic key card specifically identified by Tenant as having been lost. Upon expiration other substance from pipes, wires or earlier termination other conduits, or from the bursting or stoppage thereof; or from leaks of this Leasewater, Tenant shall return all such keys and electronic key cards to Landlord. In additionsnow or rain from the plumbing or roof, Tenant shall have the right to install or for wetness or dampness for any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samereason. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall keep the Building and the Common Areas on the Building Property in good working order and repair and in a safe, clean and at its sole cost and expenseneat condition. Subject to Section 9.2, below, Landlord shall make all necessary capital and non-capital repairs, within a reasonable period following receipt of notice from Tenant (or in the case of emergency, after such oral or written notice, if any, as may be practical under the circumstances), to the Building Structure (including the exterior walls, exterior doors and replacements to (i) the foundations, outer wall, roof and other structural components windows of the Building), (ii) the Building Systems, and the Common Areas. If, during the Term (as it may be renewed), Tenant experiences any damage within the Premises due to any water seepage through the parapet wall at the raised planter, subject to the provisions of Section 11.5, Landlord shall promptly, at Landlord’s sole cost, repair, or replace if necessary, such damage and shall repair the Building Structure and/or Building Systems to correct such water intrusion, and (iii) Building mechanicalsuch costs shall not be reimbursable as Operating Expenses or Additional Rent. Without limiting the generality of the foregoing, electricalLandlord covenants and agrees to enforce all of Landlord’s rights and remedies against Healthy Buildings International, plumbingInc., elevator as issuer of the Mold Assessment Report and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased PremisesClearance Document issued September 9, including ceiling tile replacement2008, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryfor Tenant’s benefit, in the event that Landlord shall reasonably determine that of any inaccuracy in the subject report or any water seepage, damage or other problem which arises during the Term and is covered by the subject report. To the extent such maintenance and repair is required due to the act (other than ordinary use as contemplated by this Lease), neglect, misuse, or fault of Tenant, or Tenant’s ownersits agents, agentsemployees, contractors, directors, officers, employees, guests, licensees or invitees, customers or licenseesTenant shall pay to Landlord the cost of such maintenance and repairs except to the extent Tenant has been relieved of such liability pursuant to this Lease, shall have committed waste uponincluding, abused or otherwise damaged any ofwithout limitation, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, under Section 11.5. Landlord shall cause them perform all repairs to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners Property (including correction of latent defects and employees. Within ten (10) days after receipt repairs of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Leasehold Improvements (as defined in Section 6.2 hereof11.2.1)) for purposes except as otherwise expressly agreed to be performed by Tenant pursuant to Section 9.2 of this Lease; provided . The cost of such repairs performed by Landlord shall be included in Operating Expenses, unless such cost is subject to exclusion pursuant to Section 4.2.4 above. With respect to Landlord’s prior written consent repair of damage to Leasehold Improvements which are required to be insured by Tenant pursuant to Section 11.2.1, Tenant shall assign and make available such proceeds to Landlord as a condition precedent to Landlord’s obligation to perform such repairs, and Tenant shall be responsible for any deductible under such insurance or failure to provide the additional security system required insurance. As a material inducement to Landlord entering into this Lease, Tenant agrees that Tenant’s sole right to make repairs at Landlord’s expense shall (ibe as set forth in Section 9.4 below, and Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Section 1942 of the California Civil Code or under any other law, statute or ordinance now or hereafter in effect, and Tenant waives and releases the right to terminate this Lease under Section 1932(1) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove of the sameCalifornia Civil Code or any similar or successor statute. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and unless such maintenance or repairs are required because of any negligent or intentional act or omission of Tenant or its agents, employees, contractors, customers or invitees, Landlord shallshall be responsible for and shall keep the following in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair: the foundations, outer wall, exterior walls and roof and other structural components of the BuildingPremises (including painting the exterior surface of the exterior walls of the Premises not more often than once every five (5) years, (ii) if necessary); the Common Areas, heating and (iii) Building mechanical, electrical, plumbing, elevator and HVAC air conditioning systems servicing the BuildingPremises (“HVAC System”); parking lot surfaces; Common Areas; and all components of electrical, mechanical, and plumbing located outside of the Premises which are used in common by tenants of the Project, reasonable wear and tear excluded. However, Landlord shall not be obligated to maintain or repair interior windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair under this Section 6.03 within a reasonable time after receipt of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components written notice from Tenant of the Building need for such repairs. In no event shall Tenant be entitled to undertake any such maintenance or repairs, whether at the Leased Premises described in, expense of Tenant or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessaryLandlord, and Tenant hereby waives the cost thereof shall constitute an Advancebenefits of any law now or hereafter in effect which would otherwise provide Tenant with such right. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall pay or reimburse Landlord for all reasonable costs Landlord incurs under Section 6.03(a) above as Operating Expenses as provided in Section 1.12(b) of the Lease. Tenant waives the benefit of any cost incurred by Landlord to replace any lost key statute in effect now or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by in the future which might give Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for expense or to terminate this Lease due to Landlord’s failure to keep the additional security system shall (i) be deemed to have been granted Premises in good order, condition and (ii) not be conditioned upon a requirement for Tenant to remove the samerepair. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to Sections 5.1, 12 and 13, Landlord shallshall maintain or cause to be maintained in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wallcolumns, footings, sub-flooring and load-bearing and exterior walls, windows and frames, gutters, and downspouts of the Building, the structural portions of the roof and other the roof membrane, the Building Systems, and the Common Areas of the Property (including the sidewalks, curbs, and Parking Facility); provided, however, that nothing contained herein shall be construed to negate or limit Tenant’s obligation to pay Tenant’s Share of the costs incurred hereunder by Landlord (it being understood and agreed that such costs are Operating Costs, subject to the limitations in Section 3.2(a)(1)). Landlord’s maintenance and repair of the structural components of the BuildingBuilding (foundation, (iicolumns, footings, floor slab, load-bearing and exterior walls and structural portions of the roof) shall be at Landlord’s sole expense; provided, however, that with respect to any maintenance and repair items described in this Section 7.2 Tenant shall pay the Common Areasentire cost of repairs for any damage occasioned by Tenant’s use of the Premises or the Property, and (iii) Building mechanicalany act or omission of Tenant or Tenant’s Representatives or Invitees or Tenant’s Alterations, electrical, plumbing, elevator and HVAC systems servicing the Buildingsubject to Section 11.3 concerning waiver of subrogation rights. Landlord shall additionally make certain minor ordinary course repairs be under no obligation to inspect the Leased Premises. Tenant shall promptly report in writing to Landlord any condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including ceiling tile replacementthe provisions of California Civil Code Sections 1932(1), light bulb replacement in the Common Areas1941 and 1942, door that allows a tenant to make repairs and repair of window treatment mechanicalsat its landlord’s expense. Notwithstanding any of the foregoing or anything contained elsewhere terms and conditions set forth in this Lease to the contrary, if Tenant provides Notice (or oral notice in the event of an “Emergency,” as that term is defined, below) to Landlord shall reasonably determine that Tenantof an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance required to be performed by Landlord hereunder, which event or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers circumstance with respect to the Building Systems or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components structural portions of the Building or materially adversely affects the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessaryconduct of Tenant’s business from the Premises, and Landlord fails to commence corrective action within a reasonable period of time, given the cost thereof shall constitute an Advance. circumstances, after the receipt of such Notice, but in any event not later than thirty (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (1030) days after receipt of such Notice, then Tenant may proceed to take the required action upon delivery of an invoice therefor from Landlordadditional ten (10) Business Days’ Notice to Landlord specifying that Tenant is taking such required action (provided, however, that the initial thirty (30) day Notice and the subsequent ten (10) day Notice shall not be required in the event of an Emergency) and if such action was required under the terms and conditions of this Lease to be taken by Landlord and was not commenced by Landlord within such ten (10) Business Day period (or sooner in the case of Emergency) and thereafter diligently pursued to completion, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action. Promptly following completion of any work taken by Tenant pursuant to the terms and conditions of this Section 7.2, Tenant shall reimburse deliver a detailed invoice of the work completed, the materials used and the costs relating thereto, and within thirty (30) days after receipt of Tenant’s invoice, Landlord shall either pay the same or provide a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reasons for any cost incurred its claim that such action did not have to be taken by Landlord pursuant to replace any lost key or electronic key card the terms and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination conditions of this LeaseLease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been commercially reasonable). If Landlord fails to pay Tenant in a timely fashion the reasonable amount owed as a result of Tenant’s exercise of its rights under this paragraph, then Tenant shall return all may withhold such keys amount from future Base Rent and electronic key cards to Landlord. In addition, Additional Rent until Tenant shall have the right to install any additional security system is reimbursed in full for the Leased Premises sum plus interest at its sole cost the Interest Rate. As used herein, an “Emergency” shall mean an event threatening immediate and expense material danger to people located in the Building or immediate, material damage to the Building, Building Systems or Alterations, or creates a realistic possibility of an immediate and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes material interference with, or immediate and material interruption of this Lease; provided Landlorda material aspect of Tenant’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samebusiness operations. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallSubject to the provisions of Sections 8.2 and 14, and except for damage caused by any negligent (but subject to the waiver of subrogation set forth in Section 13.4) or intentional act or omission (where Tenant has a duty under this Lease or applicable law to act) of Tenant or Tenant's employees, agents or contractors (collectively, the "Tenant Related Parties"), in which event Tenant shall repair the damage, at its sole cost and expense, make all necessary capital Landlord shall keep in good order, condition and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components portions of the Building, including the foundation, floor/ceiling slabs, roof, exterior wall, window seals, vents, curtain wall, exterior glass and mullions, columns, beams, shafts (ii) including elevator shafts), stairs, landscaping, exterior foundations, stairwells, elevator cabs, men’s and women’s public washrooms located in the Common AreasPremises, parking areas, and the Building’s common areas (iiicollectively, "Building Structure") and those portions of the Building which are not occupied or leased by any tenant and shall also maintain and repair in good condition and operating order and keep in good repair and condition the basic mechanical, electrical, plumbinglife safety, elevator plumbing (to all points of supply to the Premises), sprinkler systems (connected to the core and HVAC any distribution throughout the Premises) and heating, ventilating and air conditioning systems servicing (including primary loops connected to the core and any distribution throughout the Premises) serving the Premises, and all costs incurred by Landlord in making any such repairs or performing such maintenance shall to the extent expressly permitted by Section 6.2, be Operating Expenses. Landlord shall also replace Building standard light bulbs and ballasts within the Premises and the Building’s common areas. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. Other than as specifically provided in this Lease and as to any Code Work required to be made by Landlord pursuant to the Tenant Work Letter), Landlord shall not be obligated to make any repairs or improvements of any kind, in, upon, about, or to the Premises or the Building, including without limitation, the performance of any action, which is the obligation of Tenant or any other tenant or occupant of the Building. If Landlord shall additionally make certain minor ordinary course repairs fails in the performance of any of Landlord’s obligations under this Lease pertaining to the Leased Premisesmaintenance or repair of the Premises and/or the Building (expressly excluding, including ceiling tile replacementhowever, light bulb replacement any repair obligations resulting from the occurrence of a fire, windstorm or other casualty which shall be governed by Article 14 or caused by the negligence (but subject to the terms and conditions of the waiver of subrogation set forth in Section 13.4) or willful misconduct of Tenant, any Tenant Related Parties) and such failure continues for forty-five (45) days after Landlord’s receipt of written notice thereof from Tenant (except in the Common Areascase of an emergency in which event such notice and cure period if any shall be to the extent reasonable given the totality of the circumstances giving rise to the emergency or an additional reasonable time after such receipt if (i) such failure cannot be cured within such forty-five (45) day period, door repairs and repair (ii) Landlord commences curing such failure within such forty-five (45) day period and thereafter diligently and continuously pursues the curing of window treatment mechanicalssuch failure) (each such failure constituting a "Landlord Failure"), then Tenant shall have the right, but not the obligation, to cure such Landlord Failure at Landlord’s expense and submit to Landlord an invoice for the actual out-of-pocket and commercially reasonable costs incurred by Tenant to cure such Landlord Failure (accompanied by reasonable back-up documentation); provided, however, that nothing contained herein shall be deemed, construed or held to give Tenant any right to perform, or cause to be performed, any work on the Building Structure, portions of the Building leased or occupied by other tenants, or the Building’s base building mechanical, electrical, life safety, plumbing (other than the systems, equipment, fixtures and appliances located within or otherwise serving the Premises), sprinkler systems or heating, ventilating and air conditioning systems other than the portion of the heating, ventilating and air conditioning systems from the VAV boxes to the Premises’ interior. Notwithstanding the foregoing or anything contained elsewhere Landlord shall, within thirty (30) days after receipt of such invoice, reimburse Tenant for such reasonable costs. If Landlord does not reimburse Tenant within thirty (30) days after receipt of Tenant’s invoice and back-up documentation, then, notwithstanding any provisions in this Lease to the contrary, Tenant shall be entitled to offset against the next installments of monthly Base Rent coming due under this Lease an amount equal to the actual reasonable expenses incurred by Tenant in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components connection with such cure of the Building or Landlord Failure. Any such offset by Tenant (once realized) shall be deemed and construed to be, (a) a full and final release and discharge of Landlord by Tenant of Landlord’s obligation to cure the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them Failure to be repaired or replaced, as necessary, the extent cured by Tenant; and the cost thereof shall constitute an Advance. (b) an express representation, warranty and covenant by Tenant to Landlord shall arrange for and supervise rubbish removalits mortgagee and their respective successors and assigns that (1) Tenant’s cure of the Landlord Failure was performed in accordance with all applicable laws, snow removalregulations, lawn codes or ordinances (including, but not limited to, applicable building codes, municipal ordinances, OSHA regulations and landscaping serviceregulations and requirements of Fire Insurance Rating Bureau); and (2) in performing any such work, maintenance and or repair for in connection with Tenant’s cure of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant Failure with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordspecific reference to Tenant's indemnity obligations set forth in Section 10.4(c), Tenant shall reimburse Landlord comply with its obligation under this Lease respecting lien free completion of such work. Tenant’s offset of any amounts permitted by this Section 10.1 constitutes Tenant’s sole and exclusive remedy for any cost incurred by Landlord Failure to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, the extent of Tenant’s cure of such Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameFailure. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to Article 11, Landlord shallshall repair and maintain with reasonable diligence after notice thereof from Tenant, defects in, and at damage to, the Building Systems installed by Landlord and serving or located on the Premises. If such maintenance and repair is required in part or in whole by the act, neglect, misuse, fault or omission of any duty of Tenant, its sole agents, employees, contractors, licensees, Tenant’s subtenants shall pay to Landlord the cost of such maintenance and expense, make all necessary capital and non-capital repairs, and replacements Landlord shall have a direct right to seek such reimbursement or payment from Tenant’s subtenants (i) which right will be provided in each Sublease), except to the foundationsextent Tenant has been relieved of such liability under Section 10.5; provided, outer wallhowever, roof that Tenant’s direct liability to Landlord shall be limited to damage or maintenance and other structural components repair obligations arising out of Tenant’s own direct acts. Except as provided in Article 11, there shall be no abatement of rent with respect to, and Landlord shall not be liable for, any injury to or interference with Tenant’s or its subtenants’ business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Project or the Building, (ii) including the Common AreasPremises, or in or to the fixtures, appurtenances and (iii) Building mechanicalequipment therein. Further, electricalneither Landlord nor any partner, plumbingdirector, elevator and HVAC systems servicing the Building. officer, agent or employee of Landlord shall additionally make certain minor ordinary course repairs to be liable for any damage caused by other lessees or persons in or about the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that TenantProject, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged for any of, the structures, systems, improvements or other components consequential damages arising out of any loss of use of the Building Premises or the Leased Premises described in, any equipment or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified facilities therein by Tenant as having been lostor any person claiming through or under Tenant. Upon expiration or earlier termination of As a material inducement to Landlord entering into this Lease, Tenant shall return all such keys waives and electronic key cards releases its right to make repairs at Landlord. In addition’s expense under applicable law, statute or ordinance now or hereafter in effect, and Tenant shall have waives and releases the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of terminate this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameLease under applicable law or successor statute. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as otherwise provided in this Lease, Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements agrees to (i) keep the foundationsparking lots and driveways in good condition, outer wallproperly lit, roof and other structural components reasonably free of the Buildingsnow and ice, (ii) keep and maintain all landscaped areas in the Common Areasoutdoor portions of the Property in a neat and orderly condition, and (iii) Building mechanicalmaintain, electricalrepair and replace the Structure of the Buildings excluding the Alterations; provided, plumbinghowever, elevator that Tenant (and HVAC systems servicing the Building. Landlord not Landlord) shall additionally make certain minor ordinary course repairs be responsible with respect to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair any condition caused by or related to (A) any misconduct or neglect of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, its Agents, invitees or independent contractors, or (B) the Alterations or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofRemovable Property. As used herein, the structuresterm “Structure” means the exterior walls, systems, improvements or other components load bearing portions of the Building or walls, columns, beams, concrete slab, footings, structural beams of the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessaryroof, and the cost thereof shall constitute an Advance. (b) all Landlord shall arrange for and supervise rubbish removalUtilities, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) 10.2 in each case as necessary to preserve the load bearing capacity thereof, Landlord also shall not be responsible for purposes any maintenance, repair or replacement at the Premises other than as expressly set forth in this Section 9.1. Provided Tenant complies with its repair and maintenance obligations under this Lease and its obligations under Section 5.2, Landlord shall, at its expense, make any necessary replacements of this Lease; provided the roof and the rooftop HVAC units as required in Landlord’s prior written consent for reasonable determination, in the additional security system shall (i) be deemed case of the roof, in order to have been granted and (ii) not be conditioned upon maintain the roof in a requirement for Tenant watertight condition and, in the case of the rooftop HVAC units, to remove provide substantially the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and levels of heating, ventilation ventilating and air conditioning systems serving the Leased Premises and agrees to accept which the same provide as of the date hereof. All of the costs of Landlord pursuant to this ARTICLE 9 shall be included in their “Operating Expenses, including without limitation, capital replacements, as is” conditionset forth in Exhibit B, without warranty Paragraph 6 unless specifically excluded from Operating Expenses pursuant to the provisions of Exhibit B. Landlord shall never be liable for any kindfailure to perform any of its maintenance, repair or replacement obligations under this Lease unless Tenant has given notice to Landlord of the need to perform the same, and Landlord fails to commence to perform the same within a reasonable time thereafter, or fails to proceed with reasonable diligence to complete such performance.

Landlord’s Obligations. (a) Pursuant to the terms of the Master Lease, Landlord shallis obligated to keep in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to repair (i) the foundations, outer wall, roof and other structural components parts of the Building, which structural parts include only the foundation and subflooring of the Building and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Common AreasBuilding elevator, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Project Common Areas, including all utilities and related utility lines and pipes outside of the sidewalksBuilding ("Landlord's Maintenance Obligations"), driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost costs incurred by Landlord to replace any lost key or electronic key card and failure perform the foregoing obligations with respect to timely do so shall constitute an Advance. Upon not less than one business days’ notice the Building to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration extent they are deemed "Operating Costs" (as defined in Section 6.2 hereof2C) for purposes shall be passed through to Subtenant, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant's agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this LeaseSublease, or caused by Subtenant or Subtenant's agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant's expense, or at Sublandlord's election, such repairs shall be made by Subtenant, at Subtenant's expense, with contractors approved by Landlord and Sublandlord. As between Sublandlord and Subtenant, Sublandlord shall be responsible for performance of Landlord's Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work to the same extent as Landlord under the Master Lease and on the terms and conditions of this Sublease. At Sublandlord's election, except in case of roof repairs, which shall be commenced within five (5) days after notice to Sublandlord, or emergency repairs which shall be commenced immediately, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord's Maintenance Obligations, and use reasonable efforts to obtain Landlord performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such notification shall not affect Landlord’s prior written consent for 's obligation to perform periodic inspections of the additional security system shall (i) be deemed Project during the Lease Term. Subtenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Subtenant's right to have been granted make repairs and (ii) not be conditioned upon a requirement for Tenant to remove deduct the sameexpenses of such repairs from the Rent due under this Sublease. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Pursuant to the terms of the Master Lease, Landlord shallis obligated to keep in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to repair (i) the foundationsstructural parts of a Building, outer wall, roof which structural parts include only the foundation and other structural components subflooring of the BuildingBuilding and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Common AreasBuilding elevator, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Project Common Areas, including the sidewalksall utilities and related utility lines and pipes outside of a Building ("Landlord's Maintenance Obligations"), driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost costs incurred by Landlord to replace any lost key or electronic key card and failure perform the foregoing obligations with respect to timely do so shall constitute an Advance. Upon not less than one business days’ notice a Building to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration extent they are deemed "Operating Costs" (as defined in Section 6.2 hereof2C) for purposes shall be passed through to Subtenant as provided in Section 2, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant's agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this LeaseSublease, or caused by Subtenant or Subtenant's agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant's expense, or at Sublandlord's election, such repairs shall be made by Subtenant, at Subtenant's expense, with contractors approved by Landlord and Sublandlord. As between Sublandlord and Subtenant, Sublandlord shall be responsible for performance of Landlord's Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work to the same extent as Landlord pursuant to the Master Lease and otherwise on the terms and conditions of this Sublease. At Sublandlord's election, except in case of roof repairs, which shall be commenced within five (5) days after notice to Sublandlord, or emergency repairs, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord's Maintenance Obligations, and use reasonable efforts to obtain Landlord's performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such notification shall not affect Landlord’s prior written consent for 's obligation to perform periodic inspections of the additional security system shall (i) be deemed Project during the Lease Term. Subtenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Subtenant's right to have been granted make repairs and (ii) not be conditioned upon a requirement for Tenant to remove deduct the sameexpenses of such repairs from the Rent due under this Sublease. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. 9.1 The Landlords shall not erect or permit any buildings, Electric Lines or other erections nor permit any trees, shrubs or bushes to be grown or cultivated within a lateral distance of five metre from the middle of the Electric Lines or within the area coloured [ ] which might interfere with the enjoyment by the Tenants of the Electric Lines or the rights hereby granted and generally restrict any of the operations of the Tenants in relation to the use and operation of the Electric Lines or the future use, operation, inspection, maintenance, repair, replacement, enlargement or removal thereof; 9.2 The Landlords undertake not to do or cause or permit to be done on or along the Electric Lines anything likely to cause damage or injury to the Electric Lines and to take all reasonable precautions to prevent such damage or injury; 9.3 This Lease shall not terminate by reason of the damage or destruction of Leased Subjects or the Substation notwithstanding any rule of law to the contrary; 9.4 The Landlords shall not install (aor allow to be installed) upon the Larger Subjects and/or the Substation any machinery or apparatus or thing that causes strain will or is likely to cause damage to Leased Subjects or any part thereof or the Tenants’ fixtures and fittings and other equipment in the Substation, provided that the Landlords shall at all times be permitted to construct and operate a wind farm development on the Larger Subjects; 9.5 The Landlord shall, shall not obstruct or diminish (or allow to be obstructed or diminished) the full free and at its sole cost uninterrupted access and expense, make all necessary capital and non-capital repairs, and replacements to flow of air in (i) the foundations, outer wall, roof air conditioning system within the Substation in so far as it serves the Leased Subjects and other structural components of the Building, (ii) the Common Areasventilators serving the Leased Subjects, provided that the Landlords shall at all times be permitted to construct and operate a wind farm development on the Larger Subjects. 9.6 The Landlords shall at all times keep the Substationin good and substantial repair and condition provided that the Tenants may give the Landlords notice in writing of any defects, decay or want of repair which affect the tenant’s use of the Substation or the Electric Lines and the Landlords shall with all reasonable speed (iiiand immediately in the case of an emergency) Building mechanical, electrical, plumbing, elevator after such notice well and HVAC systems servicing substantially make good the Building. Landlord said defects decay or want of repair and if the Landlords shall additionally make certain minor ordinary course not within two months after such notice (or immediately in the case of an emergency) commence and proceed diligently to well and substantially execute and complete such repairs it shall be lawful (but not obligatory) for the Tenants and its contractors agents and employees or any person authorised by it or them to enter and be upon the Larger Subjects and to execute such repair works as are necessary to comply with the said notice and the reasonable costs properly incurred in connection therewith shall be repaid by the Landlords to the Leased PremisesTenants within 30 days of receipt of written demand 9.7 The Landlords shall insure the Substation with such substantial insurance office and for such sum as the Landlords shall from time to time be advised by such insurance office as being the full cost of reinstatement thereof including professional fees payable upon any application for planning permission or other consents as may be required in relation to such rebuilding or reinstatement the cost of removal, including ceiling tile replacementdemolition site clearance and any works that may be incidental to the same against damage or destruction by fire, light bulb replacement riot, civil commotion, malicious damage, storm, flood, bursting and overflowing of waterpipes and other apparatus and such other risks as may be reasonably necessary to insure against (the “insured risks”) and produce to the Tenants (on demand and not more than once in every year) a copy of such policy and the Common Areas, door repairs last premium renewal receipt); 9.8 If and repair whenever during the term the Substation or any part of window treatment mechanicals. Notwithstanding them is damaged or destroyed (whether by an insured risk or otherwise) the foregoing Landlords shall apply for and endeavour diligently to obtain all appropriate consents for rebuilding and reinstatement of the Substation and following receipt of all such appropriate consents (and to the extent that the insurance monies are not withheld as a result of any act or anything contained elsewhere default of the Tenants) rebuild and reinstate the Building as soon as possible and will apply all money received in this respect of the said insurance to the extent necessary in rebuilding or reinstating such destruction or damage;] 9.9 This Lease shall not terminate by reason of the damage or destruction of either the Substation notwithstanding any rule of law to the contrary, . But in any of those circumstances the event that Landlord Tenants shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant obliged in any way to remove supply electricity to the sameLandlords or to the Larger Subjects and/or the Substation. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the at Landlord’s expense repair and maintain all Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofFacilities, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems system serving the Leased Premises, the common elements of the electrical, lighting and plumbing systems of the Premises and agrees the Common Facilities, subject to accept Tenant’s obligation to pay its Pro Rata Share of excess Operating Costs as provided in Article 6. Notwithstanding the same foregoing, Landlord shall repair and maintain the roof structures, foundation and major structural elements of the Project, as well as any defects in their “as is” conditionthe Tenant Improvements, without warranty reimbursement from Tenant., and the roof, the foundations and structural portions provided, however, that Tenant shall pay the (a) the full amount of any kindmaintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (except for normal wear and tear arising from Tenant’s occupancy and use of the Premises) plus five percent (5%) of the cost thereof to reimburse Landlord for overhead). Tenant shall pay the cost of such required repairs, as Additional Rent, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Project. Except as provided in Article 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Subject to Section 7.1 above and to Article 11 and Article 13 hereof, Landlord shall maintain and make all necessary repairs to and replacements of (a) Landlord shallthe “Building Systems” that service the Premises, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (ib) the foundations, outer wall, roof and other structural components portions of the Building, (iic) the Common Areasroof of the Building, and (iiid) within a reasonable period following receipt of notice of the need for repair and replacement from Tenant, the exterior walls and windows of the Premises. The term “Building Systems” shall mean the service systems of the Building, including, without limitation, the mechanical, gas, steam, electrical, sanitary, HVAC, elevator, plumbing, elevator and HVAC life-safety systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building up to the point of connection of localized distribution to the Premises (it being understood that the Building Systems shall not include any systems that Tenant installs in the Premises). Nothing contained in this Section 7.2 shall require Landlord to maintain or repair the systems within the Premises that distribute within the Premises electricity, HVAC or water. Except as provided in Article 11, there shall be no abatement of Rent, nor shall there be any liability of the “Landlord Parties” (as defined below), by reason of any injury to, or damage suffered by Tenant, including without limitation, any inconvenience to, or interference with, Tenant’s business or operations arising from the making of, or failure to make, any maintenance or repairs, alterations or improvements in or to any portion of the Building and/or the Project. Tenant hereby waives the benefit of any Laws granting it the right to make repairs at Landlord’s expense, to place a lien upon the property of Landlord and/or upon Rent due Landlord, or the Leased right to terminate this Lease or withhold Rent on account of any Landlord default (including without limitation, the failure of Landlord to make repairs). No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or improvements to the Premises described in, or contemplated by, this subsection, Landlord shall cause them the Project except as otherwise expressly agreed to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred performed by Landlord pursuant to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination the provisions of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except for the obligations of Landlord shallunder Paragraphs 6.2(a) and 6.3(a) (relating to Landlord's warranty), Paragraph 9 (relating to destruction of the Premises), under Paragraph 14 (relating to condemnation of the Premises) Paragraph 7.4(b), it is intended by the parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises nor the Building located thereon nor the equipment therein, whether structural or non structural, all of which obligations are intended to be that of the Tenant under Paragraph 7.1 hereof. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at its Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. (b) Landlord, at Landlord's sole cost and expense, make all necessary capital and non-capital repairswithout reimbursement as an Operating Expense, shall maintain, repair and replacements to (i) replace the structural elements of the foundations, outer wallexterior walls, roof structure and other structural components improvements below grade (the "Landlord Structural Items"), subject to normal wear and tear, provided however, if the need for such maintenance, repair or replacement arises because of the Buildingnegligence, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair misconduct or fault of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, its agents, contractors, directors, officers, employees, guests, licensees or invitees, customers or licenseesTenant, subject to Paragraph 8.8 hereof, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, reimburse Landlord shall cause them to be repaired or replaced, as necessary, and for the cost thereof shall constitute an Advance. within thirty (b30) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Buildingdays after receipt of a reasonably detailed invoice therefor. (c) In the event Landlord shall provide holds a warranty covering any work of repair or maintenance Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord is obligated to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordperform under this Lease, Landlord will deactivate shall, at Landlord's cost, assign such warranty to Tenant to the extent necessary to allow Tenant to obtain the benefit of that warranty for that repair or maintenance. Effective upon any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, any warranty to the extent so assigned to Tenant shall return all such keys and electronic key cards is hereby reassigned by Tenant to Landlord. In additionAt Tenant's request, Tenant shall have Landlord will enforce such warranties against the right to install any additional security system applicable parties making such warranties for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes benefit of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameTenant. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair and replace as necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (aincluding elevator shafts) Landlord shall(collectively, and “Building Structure”) at its sole cost and expense. Landlord shall also maintain, make all repair and replace as necessary capital the parking areas, sidewalks and non-capital repairsaccess roads (including snow and ice removal), landscaping, fountains, waterfalls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas and the Building security, mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems (collectively, the “Building Systems”) and all other Common Areas within the Project, and the cost of such maintenance and repair shall be included in Operating Expenses. In addition, as requested by Tenant and as Landlord reasonably deems necessary, Landlord shall maintain, repair and replace all damaged, broken, or worn fixtures, floor covering, mechanical and electrical systems and appurtenances (including without limitation light fixtures, light bulbs and fans) within the Premises (subject to the provisions of Article 27 regarding Landlord’s access to the Premises), excepting any Alterations (as defined in Article 8) or personal property within the Premises, and excluding damage caused by Tenant (other than ordinary wear and tear and damage covered by insurance, to the extent of such coverage) and shall include the costs thereof in Operating Expenses. Landlord shall undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this Section 7.1 promptly after Landlord learns of the need for such maintenance, repairs and replacements, but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of “Emergency” (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property, and/or damage or destruction to or of a structural component or any electrical, plumbing, mechanical or telecommunications systems in or providing service to the Building which materially impairs Tenant’s ability to utilize the Premises as intended for more than twenty-four (24) consecutive hours or more than twenty-four (24) hours within any five (5) day period), Landlord shall perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such maintenance, repairs and replacements. Notwithstanding anything herein to the contrary, subject to Section 5.7(d), Tenant shall reimburse Landlord as Additional Rent, within thirty (30) days after receipt of Landlord’s invoice, for seventy percent (70%) of all costs paid to third parties associated with the repair, maintenance and replacement of the air handlers and chillers which service the Lab Areas (as defined in Section 6.1.1, above) of the Premises and such costs shall thereafter not be included in the calculation of Operating Expenses. Notwithstanding the foregoing, with respect to all costs for replacements of the air handlers and chillers (or components thereof) which service the Lab Area that are capital in nature under generally accepted accounting principles, at Tenant’s option, to be exercised within thirty (30) days after receipt of Landlord’s first invoice for such costs, in lieu of reimbursing Landlord within thirty (30) days, such costs shall be amortized (with interest at ten percent (10%) per annum) over the lesser of (i) the foundations, outer wall, roof and other structural components remaining Term of the BuildingLease, or (ii) the Common useful life of the item being replaced, and Tenant shall pay Landlord, as Additional Rent, on a monthly basis, the amortized portion and interest applicable thereto. In the event that Tenant is dissatisfied with the quality or cost of repairs, maintenance and/or replacement of the air handlers and chillers which service the Lab Areas, then upon thirty (30) days advance written notice to Landlord, Tenant may elect to repair, maintain and (iii) Building mechanicalreplace said air handlers and chillers, electricalin which case, plumbingTenant shall provide Landlord with a copy of any maintenance contract(s), elevator and HVAC systems servicing the Building. all invoices, receipts, statements, guaranties and warranties for such repair, maintenance or replacement, and Landlord shall additionally make certain minor ordinary course repairs reimburse Tenant, within thirty (30) days after receipt of Tenant’s invoice for thirty percent (30%) of all costs paid to third parties associated with the repair, maintenance and replacement of said air handlers and chillers, provided that the cost to Landlord shall in no event exceed the amount which would have been payable by Landlord if Landlord had retained responsibility for such work. Notwithstanding anything to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere contrary set forth in this Lease to the contrarySection 7.1, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, Tenant installs a new cooling and the cost thereof shall constitute an Advance. (bventilation system(s) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordreconfigured lab areas pursuant to Section 5.7(d), Tenant shall reimburse Landlord for be required to maintain, repair and replace said cooling and ventilation system(s), at Tenant’s sole cost and expense. Provided, that Tenant has properly maintained and repaired the cooling and ventilation system(s) in good order and repair during the Lease Term (including any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionextensions thereof), Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant no obligation to remove said cooling and ventilation system(s) at the sametermination or earlier expiration of the Lease. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) 7.1.1 Landlord shall, subject to reimbursement by Tenant under Paragraph 4, maintain in good repair, reasonable wear and at its sole cost and expensetear excepted, make all necessary capital and non-capital repairsthe structural soundness of the roof, foundations, and replacements to (i) exterior walls of the foundations, outer wall, roof Building together with the common areas and other structural components of equipment used in common by tenants in the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased PremisesProject, including ceiling tile replacementthe fire sprinkler systems. The term “exterior walls” as used herein shall not include windows, light bulb replacement in the Common Areasglass or plate glass, door doors, dock bumpers or dock plates, special store fronts or office entries. Any damage caused by or repairs and repair necessitated by any negligence or act of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, including, without limitation, any contractor, employee, agent, invitee or visitor of Tenant (each, a “Tenant Party”) may be repaired by Landlord at Landlord’s option and Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers expense. Tenant shall immediately give Landlord written notice of any defect or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other need of repairs in such components of the Building or the Leased Premises described infor which Landlord is responsible, or contemplated by, this subsection, after which Landlord shall cause them to be repaired or replaced, as necessary, have a reasonable opportunity and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for enter the Leased Premises at its sole cost and expense and all reasonable times to repair same. Landlord’s liability with respect to any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) defects, repairs, or maintenance for purposes which Landlord is responsible under any of the provisions of this Lease; Lease shall be limited to the cost of such repairs or maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project or to fixtures, appurtenances or equipment in the Building, except as provided Landlord’s prior written consent for in Paragraph 15. By taking possession of the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Premises, Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their accepts them “as is,” conditionas being in good order, condition and repair and the condition in which Landlord is obligated to deliver them. Landlord has no duty to provide security for any portion of the Project, including, without warranty limitation, the Premises or the common areas. Tenant has assumed sole responsibility and liability for the security of itself, its employees, customers and invitees and their respective property in, on or about the Project. To the extent Landlord elects to provide any security equipment or personnel, Landlord is not warranting the effectiveness of, and Tenant shall not rely on, any such personnel or equipment. Landlord shall not be responsible or liable in any manner for any failure to provide security equipment or personnel, nor for the failure of any kindsuch equipment or personnel to prevent injury or property damage in, on or around the Project. Landlord reserves the right to alter, discontinue, change or withdraw any security equipment or personnel at any time without notice and without liability.

Landlord’s Obligations. Except as otherwise noted in this Section 11.1, Landlord shall, at Landlord's sole cost and expense, make all capital repairs and replacements required to be made to (a) Landlord shallthe roof, exterior walls and foundation of the building that is now part of the Premises or that may hereafter be constructed and become part of the Premises, or (b) the heating, cooling, ventilating, and all other mechanical equipment; the water, sewer, plumbing, and electrical systems; provided, however, that Landlord's obligation herein shall not extend to any damage, disrepair or replacement caused or required by Tenant's neglect or fault, which damage, disrepair or replacement shall be repaired by Landlord and charged to Tenant as additional rent. The provisions of this Section 11.1 shall not apply, however, in the event of and to the extent of any damage or destruction by fire or other casualty or a taking by condemnation by any competent authority, in which events the obligation of Landlord shall be controlled as hereinafter otherwise provided in this Lease. Except as provided in this Section 11.1, Landlord shall not be obligated to make repairs, replacements, or improvements of any kind upon the Premises whether such repairs, replacements, or improvements to the Premises are interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, all of which repairs, replacements, or improvements shall be the responsibility of Tenant as provided in this Lease. Notwithstanding any of the foregoing provisions of this Section 11.1 to the contrary, if structural repairs become necessary during the Lease term because of the application to the business carried on by Tenant of any law, ordinance, rule or regulation of any regulatory body, or because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other system in the building, Tenant shall make such structural repairs at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components after first obtaining Landlord=s written approval of the Buildingplans and specifications and furnishing such indemnification against liens, (ii) the Common Areascosts, damages and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. expenses as Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall may reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancerequire. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair and replace or cause to be maintained, repaired and replaced the roof (a) Landlord shallfor amounts in excess of $2,500 per each lease year), foundations and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components exterior walls of the Building, (ii) the Common Areas, structure of the Building and (iii) Building mechanical, electrical, plumbing, elevator the underground utility and HVAC systems servicing sewer pipes outside the exterior walls of the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryif any, in the event that Landlord shall reasonably determine that Tenant, good order and reasonably good operating condition except for damage occasioned by any act or omission of Tenant or Tenant’s owners, agents, contractors, directors, officers, 's employees, guests, agents, customers, independent contractors, or invitees, customers or licensees, the repair of which damage shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange paid for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide by Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within within ten (10) days after receipt of an invoice therefor from Landlord's written demand. Subject to Landlord's right of access pursuant to Article 18, Tenant shall reimburse be exclusively responsible for maintaining the Premises in good order and condition, and Landlord shall not be under any obligation to inspect the Premises. Landlord shall in no event be responsible to Tenant for the repair of glass in the Premises, the doors (or related glass and finish work) leading to the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible to Landlord for any cost liability incurred by Landlord by reason of such conditions. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building;' and (b) to alter or relocate any lost key other common facility. Installations, replacements and relocations referred to in clause (a) above shall be located, if practical, above ceiling surfaces, below floor surfaces or electronic key card and failure to timely do so shall constitute an Advancewithin perimeter walls of the Premises. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by use best efforts not to inconvenience Tenant as having been lost. Upon expiration or earlier termination of this Leasein such installations, Tenant shall return all such keys replacements and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samerelocations. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (aA) Subject to the limitations hereinafter set forth, Landlord shallagrees, and at its sole cost and expensewhile Tenant is occupying the Leased Premises, make all necessary capital and non-capital repairs, and replacements to furnish to Tenant (i) the foundations, outer wall, roof water (hot and other structural components cold) at those points of supply provided for general use of tenants of the Building, (ii) the Common Areasheated and refrigerated air conditioning in season, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs janitorial service to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease all such services to the contrary, in the event that be provided at such times as Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or normally furnishes these services to all other components occupants of the Building or and in no event less than the manner and to the extent provided to Tenant at the Leased Premises described in, or contemplated by, immediately prior to the Effective Date of this subsectionLease. In addition, Landlord shall cause them agrees to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for maintain the Leased Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition, except for damage occasioned by Tenant, or its employees, agents or invitees. Landlord reserves the right, exercisable without notice and without liability to Tenant for damage or injury to property, persons or business and without effecting an eviction, constructive or actual, or disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent, to decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Leased Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building as and to interrupt or temporarily suspend Building services and facilities (provided, however, that Landlord shall in all events use Landlord's best efforts to conduct such activities in a manner which will reasonably minimize any interference with and/or impairment of Tenant's use and occupancy of the Leased Premises and Shared Areas for the purposes set forth in this Lease). (B) Without Landlord's prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant shall reasonably not install any new equipment in the Leased Premises which shall require for its owners use electrical current or other utility service in excess of amounts provided to Tenant at the Leased Premises prior to the Effective Date of this Lease or which affects the temperature otherwise maintained by the air conditioning system or otherwise overloads any utility serving the Leased Premises. (C) Landlord shall make available to Tenant facilities to provide all electrical current required by Tenant in its use and employees. Within ten (10) days after receipt occupancy of an invoice therefor from Landlord, Tenant the Leased Premises and further shall reimburse Landlord make available electric lighting and current for any cost incurred the Shared Areas and common areas of the Building in the manner and to the extent reasonably determined by Landlord to replace any lost key or electronic key card be standard (and failure to timely do so shall constitute an Advance. Upon not in no event less than one in effect as of the Effective Date). (D) Heating and air conditioning during other than the normal business days’ notice hours shall be furnished only upon the prior request of Tenant, who shall bear the cost thereof. (E) Failure to any extent to make available, or any slow-down, stoppage or interruption of, or any change in the quantity, character or availability of the above described services, resulting from any cause, shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant or (except as set forth below) work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if such failure, stoppage or slowdown of defined services is caused by Landlord's gross negligence, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration willful misconduct or earlier termination intentional breach of this Lease, Tenant shall return be entitled to any and all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises remedies provided at its sole cost and expense and any such installation shall constitute an Alteration (as defined law or in Section 6.2 hereof) for purposes of equity or under this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon further, however, that any recovery of damages by Tenant as a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty result of any kindsuch failure, stoppage, or slowdown caused by Landlord's gross negligence, willful misconduct or intentional breach of this Lease shall consist only of actual damages, and exclude any and all punitive, consequential, indirect, loss of business, special or incidental damages (however described). Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly.

Landlord’s Obligations. (a) Landlord shallshall maintain the Common Areas as well as common areas of the Development, the exterior windows, roof, exterior walls in the Building, the mechanical, plumbing and electrical equipment and life safety systems serving the Building, landscaping, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components structure of the Building, (ii) the Common Areasitself, in reasonably good order and (iii) Building mechanical, electrical, plumbing, elevator condition and HVAC systems servicing the Buildingconsistent with a Class A office building. Landlord shall additionally make certain minor ordinary course repairs Damage to the Leased Premisesforegoing occasioned by your acts will be repaired by Landlord at your expense. Landlord's liability with respect to any defects, including ceiling tile replacementrepairs, light bulb replacement in or maintenance or the Common Areas, door repairs and repair curing of window treatment mechanicals. Notwithstanding such defect for which Landlord is responsible under the foregoing or anything contained elsewhere in provisions of this Lease shall be limited to the contrary, in the event that Landlord shall reasonably determine that Tenant, cost of such repairs or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building maintenance or the Leased Premises described in, or contemplated by, this subsectioncuring of such defect. To the extent economically practical and feasible, Landlord shall cause them will attempt to be repaired or replaced, as necessary, and perform its obligations under this Section 9.01(a) in a manner reasonably designed to minimize interference with the cost thereof shall constitute an Advance.conduct of your Permitted Use. Landlord: Tenant: RDM ----------- ------------- (b) Landlord agrees to furnish to the Premises janitorial services during the times and in the manner that such services are, in Landlord's reasonable judgement customarily furnished in comparable Class A office buildings in the immediate market area. The cost of such janitorial services will be included as part of the Operating Costs. You will not contract for separate janitorial services without Landlord's written consent which may be withheld in Landlord's sole discretion. Any such janitorial services contracted for separately by you shall arrange for be at your sole cost, risk and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Buildingresponsibility. (c) You will not, without the written consent of Landlord which consent will not be unreasonably withheld, use any apparatus or device in the Premises which will in any way increase the amount of electricity or water which Landlord determines to be reasonable for use of the Premises as general office space; nor connect with electrical current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device. If you require water, electrical current or any other resource in excess of that usually furnished, you shall first procure the consent of Landlord, which Landlord may refuse, and if not already installed, the Landlord may cause a special meter to be installed in the Premises, at your cost and expense, so as to measure the amount of water, electric current or other resource consumed. Notwithstanding anything in this paragraph to the contrary, electricity from the Premises shall be paid for by you as set forth in Section 13.01 of this Lease. (d) Interruptions of any service shall not be deemed an eviction or disturbance of your use and possession of the Premises, or render Landlord liable for damages by abatement of Rent or otherwise or relieve you from performance of your obligations under this Lease unless such interruptions are directly attributable to the grossly negligent or intentional acts of Landlord. Should any equipment or machinery furnished by Landlord cease to function properly, Landlord shall provide Tenant with such number use reasonable diligence to repair the same. Notwithstanding the terms of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordthis Section 9.01, Landlord will deactivate any electronic key card specifically identified repair and maintain the HVAC system unless repairs are caused by Tenant as having been lost. Upon expiration or earlier termination your negligence. (e) Subject to the other provisions of this Lease, Tenant you shall return all such keys and electronic be afforded twenty four hour a day, seven day a week access to the Premises. After hours access to the Premises shall be by key cards to Landlordcard. In addition, Tenant You shall have the right to install restrict elevator access to the fourth floor of the Building by means of a card or code access system installed or to be installed by Landlord in the Building elevator system, provided, however, that the cost will be charged against the Landlord's Contribution . If any additional security other tenant of the Building desires to and actually does utilize the card or code access system for its Premises, then Landlord will collect from the Leased Premises at its sole tenant and reimburse to you an amount equal to the cost of the card or code access system charged against the Landlord's Contribution multiplied by a fraction the numerator of which is the rentable square footage of such tenant's premises and expense and any such installation shall constitute an Alteration the denominator of which is 75,000. (as defined in Section 6.2 hereoff) for purposes of this Lease; provided Landlord’s prior written consent Landlord will arrange for the additional provision of the following security system shall to the Building: (i) be deemed from 4:00 p.m. to have been granted 10:00 p.m. on Mondays through Fridays, excluding, however, holidays; and (ii) not weekend periodic verification that the exterior doors are locked. Nothing contained herein shall be conditioned upon a requirement for Tenant construed to remove prohibit Landlord from increasing the samesecurity being provided to the Building and all security costs are part of Operating Costs. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subject to Sections 12 and 13, Landlord shall maintain or cause to be maintained in good order, condition and repair, the Common Areas of the Property (a) Landlord shallincluding the Parking Facility and all landscaping on the Property), the structural components of the Building (which structural components include only the foundation and the structural components of all exterior walls and the Building’s roof system), the Building’s exterior walls, the Building’s roof (including the roof membrane), and at its sole cost the Building’s HVAC systems. Landlord shall maintain and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components of the Building, at Landlord’s sole cost and expense; provided, however, Tenant shall pay the entire cost of repairs and/or replacements for any damage caused by Tenant’s use of the Premises or any other part of the Property, any act or omission of Tenant (iiincluding Tenant’s failure to perform its obligations under Section 7.1) or Tenant’s Representatives or Visitors, and/or Tenant’s Alterations, and provided further to the extent the costs incurred by Landlord for any such maintenance and repair are increased by reason of Tenant’s Alterations, the additional costs attributable to Tenant’s Alterations shall be an Operating Cost. Any other costs incurred by Landlord pursuant to this provision, including costs incurred to maintain and repair (and make replacements to) the Common AreasAreas (including the Parking Facility), the nonstructural components of the Building’s roof system (including the roof membrane), the nonstructural components of the Building’s exterior walls (including painting same), and the HVAC system, shall be Operating Costs, and nothing contained herein shall be construed to negate or limit Tenant’s obligation to pay Tenant’s Share of such costs. Landlord agrees to maintain (iiias an Operating Cost) Building mechanicalan HVAC maintenance contract with a reputable HVAC contractor so long as, electricalin Landlord’s reasonable judgment, plumbingto provide Tenant copies of reports received by Landlord from the HVAC contractor regarding the maintenance and repair of the HVAC system, elevator and to permit Tenant to call the HVAC systems servicing contractor directly in the Buildingevent of an emergency. Landlord shall additionally make certain minor ordinary course repairs be under no obligation to inspect the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common AreasProperty, including the sidewalks, driveways Building; and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require promptly report in writing to Landlord any condition known to Tenant which Landlord is required to repair. As a material part of the consideration for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and electronic key cards 1942, that allows a tenant to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlordlandlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameexpense. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Pursuant to the terms of the Master Lease, Landlord shallis obligated to keep in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to repair (i) the foundations, outer wall, roof and other structural components parts of the Building, which structural parts include only the foundation and subflooring of the Building and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Common AreasBuilding elevator, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Project Common Areas, including all utilities and related utility lines and pipes outside of the sidewalksBuilding (“Landlord’s Maintenance Obligations”), driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost costs incurred by Landlord to replace any lost key or electronic key card and failure perform the foregoing obligations with respect to timely do so shall constitute an Advance. Upon not less than one business days’ notice the Building to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration extent they are deemed “Operating Costs” (as defined in Section 6.2 hereof2C) for purposes shall be passed through to Subtenant, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant’s agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this LeaseSublease, or caused by Subtenant or Subtenant’s agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant’s expense, or at Sublandlord’s election, such repairs shall be made by Subtenant, at Subtenant’s expense, with contractors approved by Landlord and Sublandlord. As between Sublandlord and Subtenant, Sublandlord shall be responsible for performance of Landlord’s Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work on the terms and conditions of this Sublease. At Sublandlord’s election, except in case of roof repairs, which shall be commenced within five (5) days after notice to Sublandlord, or emergency repairs, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord’s Maintenance Obligations, and use reasonable efforts to obtain Landlord performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such notification shall not affect Landlord’s prior written consent for obligation to perform periodic inspections of the additional security system shall (i) be deemed Project during the Lease Term. Subtenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Subtenant’s right to have been granted make repairs and (ii) not be conditioned upon a requirement for Tenant to remove deduct the sameexpenses of such repairs from the Rent due under this Sublease. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall keep in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components parts of the Building, which structural parts include only the foundation, subflooring, exterior walls (excluding the interior of all walls and the exterior and interior of all windows, doors, ceilings, and plate glass), and the roof structure of the Building (but not the roof membrane), all unexposed plumbing and electrical facilities, and all gutters and downspouts, except for any damage thereto caused (i) by the negligence or willful acts or omissions of Tenant or of Tenant’s agents, employees or invitees, or (ii) by reason of the Common Areasfailure of Tenant to perform or comply with any terms of this Lease, and or (iii) Building mechanicalby Alterations made by Tenant or by Tenant’s agents, electrical, plumbing, elevator and HVAC systems servicing the Buildingemployees or contractors. Landlord shall additionally make certain minor ordinary course repairs be responsible for the costs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs maintain and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components such structural parts of the Building except the costs to repair the damage resulting from the causes described in clauses (i), (ii) or (iii) in the Leased Premises described in, or contemplated by, this subsectionpreceding sentence for which Tenant shall be responsible. In addition, Landlord shall cause them perform any alterations, additions or improvements required to be repaired or replacedmade to the Building in order to comply with applicable laws, as necessaryordinances, rules, regulations and orders that become effective after the date of this Lease, and all capital improvements required to be made in connection with the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping serviceoperation, maintenance and repair of the Building; provided, however, in accordance with Paragraph 5.C, any and all costs and expenses incurred by Landlord in performing any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life, as reasonably determined by Landlord, of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord of the need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant’s right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease. Landlord shall keep in good order, condition, repair and maintenance the Building’s HVAC system, any HVAC system exclusively serving any part of the Premises and the roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving purpose of maintaining the Building. ’s HVAC system and any HVAC system exclusively serving any part of the Premises, and a roof maintenance service contract from a qualified vendor for the purpose of maintaining the Building’s roof. Landlord shall determine in its sole reasonable discretion whether any such vendor is qualified. Any and all costs of any maintenance or minor repair of the Building’s HVAC system or the roof (including without limitation the cost of maintaining Building’s HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs for the year in which such cost is incurred. Any and all costs of any maintenance or minor repair of any HVAC system exclusively serving any part of the Premises shall be payable solely by Tenant for the year in which such cost is incurred. Any and all costs of any replacement or major repair of the Building’s HVAC system or the roof, together with interest at the Amortization Rate, shall be amortized on a straight-line basis over the useful life of the item replaced or repaired (as determined by Landlord in its reasonable discretion), and the entire amount of such amortized costs and interest allocable to each month, multiplied by Tenant’s Building Share, shall be included in the monthly Common Area Maintenance Costs payable during the entire period over which such costs are amortized, until Tenant has paid to Landlord that proportion of the total amount of such amortized costs equal to (a) the number of months remaining during the Term as of the date such replacement or major repair was completed, divided by (b) the number of months of the useful life, multiplied by (c) Landlord Tenant’s Building Share; provided that in no event shall provide such proportion exceed one hundred percent (100%). Any and all costs of any replacement or major repair of any HVAC system exclusively serving any part of the Premises shall be payable solely by Tenant in accordance with the foregoing. Repairs to the Building’s HVAC system or the roof shall be deemed to be “minor” if the total aggregate cost of such number repairs is less than or equal to Ten Thousand Dollars ($10,000.00), and shall be deemed to be “major” if the total aggregate cost of keys such repairs exceeds Ten Thousand Dollars ($10,000.00). For the purposes of example only and electronic key cards not by way of limitation, if a replacement of part of the Building’s HVAC system is completed twenty-five (25) months before the end of the Term, at a cost of Twenty Thousand Dollars ($20,000.00), and the useful life of such replaced part of the HVAC system is fifty (50) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Dollars ($400.00) per month, with interest at the Amortization Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the Leased Premises and balance of the Term shall equal Four Hundred Dollars ($400.00), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Three Thousand Dollars ($3,000.00), together with interest at the Interest Rate, towards such amortized costs (i.e., Twenty Thousand Dollars ($20,000.00) multiplied by [Twenty-Five (25) Months divided by Fifty (50) Months], multiplied by Tenant’s Building as Share). Tenant shall reasonably require for its owners pay any and employees. Within all costs of any maintenance or repair of any HVAC system exclusively serving any part of the Premises (including without limitation an equitable portion of the HVAC system preventative maintenance contracts) directly to Landlord within ten (10) days after of receipt from Landlord of an invoice therefor from Landlordof such costs as Additional Rent. It is the express intent of the parties that except as specifically set forth in this Paragraph 17.A, Landlord shall have no obligation whatsoever to incur any costs or expenses whatsoever with respect to the repair, operation, and maintenance of the Building, and that Tenant shall reimburse Landlord be responsible for any cost incurred by Landlord to replace any lost key Tenant’s Building Share of all costs and expenses arising from the repair, operation, and maintenance of the Building except those costs and expenses specifically described in this Paragraph 17.A. or electronic key card exclusively the costs and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by expense of Tenant as having been lost. Upon expiration or earlier termination of described in this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.Paragraph 17.A.