Common use of Landlord’s Responsibilities Clause in Contracts

Landlord’s Responsibilities. Landlord warrants to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s sole cost and expense and not as a Project Cost.

Landlord’s Responsibilities. Landlord warrants to Tenant that (a) Landlord shall correct, repair or replace, at Landlord's sole cost and expense and not as a Project Cost, any non-compliance of the roof, foundation, footings, slab, structural walls, exterior windows and skylights Building(s) or the Premises (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas with all applicable building permits and codes in effect as of the Commencement Date, including, without limitation, the provisions of Title III of the Americans With Disabilities Act (except for "ADA") in effect as of the Commencement Date. Landlord shall correct, repair or replace any non-compliance of the Building or the Premises (including the Tenant Improvements) and the Common Areas with any laws enacted or effective after the Commencement Date including, without limitation, revisions or amendments to the ADA provided that the amortized cost of such repairs or replacements (amortized over the useful life thereof using a market cost of funds reasonably determined by Landlord) shall comply with all lawsbe included as Project Costs payable by Tenant. All other ADA compliance issues which pertain to the Premises, codes including, without limitation, those arising as a result of construction by Tenant of any particular alteration or improvement in the Premises (and regulations (collectively, “Laws”) pertaining theretoany resulting ADA compliance requirements in the Common Areas), and those that arise particularly as a result of the operation of Tenant's business and employment practices in the Premises, shall be free the responsibility of Tenant at its sole cost and expense. The repairs, corrections or replacements required of Landlord or of Tenant under the foregoing provisions of this Section shall be made promptly following notice of non-compliance from any applicable governmental agency. Tenant shall promptly forward any such notice that Tenant receives to Landlord. (b) Landlord agrees to repair, at its sole cost and expense and not as an Operating Expense latent defects which arise in the construction thereof, as structural components of the Early Occupancy Dateroof and Building, including floor/ceiling slabs, columns, beams, walls and the foundations and footings of the Building during the initial Term and any extension of the Term pursuant to Section 3.3 of this Lease. Provided that Tenant shall notify Landlord of If a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Dateexists, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of the written notice from Tenant setting forth the nature and extent of each such non-compliance, rectify same at Landlord’s 's sole cost and expense and not as expense. (c) If Tenant is required to make repairs to any component of the Premises or any of its systems for which Landlord may have obtained a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliancewarranty, Landlord shall, upon request by Tenant, use its good faith efforts to pursue its rights under any such warranties for the benefit of Tenant. Landlord shall rectify be under no obligation to incur any non-compliance expense in connection with asserting rights under such warranties or guaranties against either the foregoing warranty contained in Subsection 2.4(c) above throughout contractor or the Term of this Lease at Landlord’s sole cost manufacturer, but shall use reasonable good faith efforts to enforce such warranties and expense and not as a Project Costguaranties for Tenant's benefit.

Landlord’s Responsibilities. Landlord warrants to Tenant that (a) Notwithstanding the roofprovisions of Sections 7.1 and 7.2 of this Lease: (A) during the initial twelve (12) months of the Term of this Lease, foundationLandlord agrees to repair and/or replace, footingsat its sole cost and expense and not as a “Project Cost”, slabthe roof membrane, structural walls, exterior windows and skylights (including seals), the plumbing, fire sprinkler\life safety sprinkler system, lighting, landscaping, sidewalks, driveways, parking lots (including striping and sealing) and drains serving the Premises, to the extent same are not in good operating condition, and (B) during the initial twenty-four (24) months of the Term, Landlord agrees to repair and/or replace, at its sole cost and expense and not as a “Project Cost,” the heating, ventilation and air conditioning systemssystem, electrical systems, and the passenger and freight elevators serving the Premises shall be to the extent same is not in good operating condition condition. Landlord’s obligation contained in this Section 2.4(a) to bear such costs and repair expenses, however, shall not apply: (except i) to the costs and expenses of periodic maintenance of the roof, membrane and such systems serving the Premises, (ii) to the extent modified of the negligence or otherwise impaired willful misconduct by Tenant’s construction , its employees, agents, contractors, licensees or invitees (in which case Tenant shall be responsible for the reasonable costs of such repairs and/or replacements), nor (iii) in the case of capital replacements, to “amortized” payments payable by Tenant pursuant to Section 4.2(g) below accruing after the expiration of the Tenant Improvementsforegoing twelve and twenty-four month periods set forth above. The repairs or replacements required of Landlord pursuant to this Section 2.4(a) on the Early Occupancy Date, shall be made promptly following notice from Tenant. (b) Notwithstanding the Premises, the Building, and Common Areas shall be free provisions of all mold as Section 7.2 of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-complianceLandlord agrees to correct, rectify same repair and/or replace, at Landlord’s its sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance of the Building “shell”, the Tenant Improvements and/or the Common Areas with all applicable building permits and codes in effect as of the foregoing warranty contained date of issuance thereof, including without limitation, the provisions of Title III of the Americans With Disabilities Act (“ADA”) in Subsection 2.4(ceffect as of the date of the issuance of the applicable building permit (collectively, the “Laws”). Landlord shall correct, repair or replace any non-compliance of the Building exterior, the Tenant Improvements and the Common Areas with any revisions or amendments to the Laws becoming effective after the date of permit issuance, provided that the amortized cost of such repairs or replacements (amortized over the useful life thereof using a market cost of funds reasonably determined by Landlord) above throughout shall be included as Project Costs payable by Tenant. All other ADA compliance issues which pertain to the Term Premises, including without limitation, in connection with Tenant’s construction of any alterations or other improvements in the Premises (and any resulting ADA compliance requirements in the Common Areas if Landlord shall consent to same as more particularly provided in Section 7.3 of this Lease Lease) and the operation of Tenant’s business and employment practices in the Premises, shall be the responsibility of Tenant at Landlord’s its sole cost and expense and not as a Project Costexpense. The repairs, corrections or replacements required of Landlord or of Tenant under the foregoing provisions of this Section 2.4(b) shall be made promptly following notice of non-compliance from any applicable governmental agency.

Landlord’s Responsibilities. (a) Notwithstanding the provisions of Section 7.2 of this Lease, during the initial 63-month Term of this Lease (as same may be extended by Tenant pursuant to Section 3.3 below), Landlord agrees to repair and/or replace, at its sole cost and expense and not as a “Site Cost”, all structural walls, foundations, structural elements of the roof of the Building, and underground utility pipes and and/or facilities serving the Building (the “Structural Elements”). Notwithstanding the foregoing, Landlord’s obligation contained in this Section 2.4(a) to bear such costs and expenses shall not apply: (i) to the costs and expenses of periodic maintenance of the Structural Elements, nor (ii) to the extent of the negligence or willful misconduct by Tenant, its employees, agents, contractors, licensees or invitees (in which case Tenant shall be responsible for the reasonable costs of such repairs and/or replacements). Tenant shall give Landlord prompt notice when Tenant becomes aware of any repairs or replacements required of Landlord pursuant to this Section 2.4(a), and such repairs shall be made promptly following notice from Tenant. (b) Landlord warrants to Tenant as follows: (i) that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety sprinkler system, lighting, heating, ventilation and air conditioning systems, systems and electrical systems, and the passenger and freight elevators systems serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Commencement Date, and (cii) that the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and Premises shall be free of latent defects delivered to Tenant on the Commencement Date in the construction thereof, as of the Early Occupancy Datea vacant and “broom clean” condition. Provided that Tenant shall notify Landlord of a any non-compliance with the foregoing warranty set forth warranties contained in Subsection 2.4(asubsections (i) and/or (ii) above not later than one hundred twenty thirty (12030) days from and after following the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each such non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Site Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, . (c) Landlord shall rectify correct, repair and/or replace any non-compliance of the Building, the Tenant Improvements, and/or the Common Areas with all applicable building permits and codes in effect as of the foregoing warranty contained in Subsection 2.4(cdate of the issuance of building permit(s) above throughout therefor, including without limitation, the Term provisions of this Lease at Title III of the Americans With Disabilities Act (“ADA”). Said costs of compliance shall be Landlord’s sole cost and expense shall not be part of Site Costs; including any costs of bringing to code compliance any portions of the Building, the Tenant Improvements and/or the Common Areas which were in compliance when they were built but are nonetheless required by the applicable governmental entity to be upgraded to current codes, such upgrading requirement, however, not to be triggered as the result of either Alterations by Tenant or by any further revisions or amendments to the codes themselves. Landlord shall correct, repair or replace any non-compliance of the Building, the Tenant Improvements and/or the Common Areas with any further revisions or amendments to applicable building codes (including, without limitation, the ADA) becoming effective after the date of issuance of the applicable building permit(s) therefor, provided that, subject to the first sentence of this Section 2.4(c), the amortized cost of such repairs or replacements (amortized over the useful life thereof in accordance with generally accepted accounting principles, consistently applied, and not using a market cost of funds reasonably determined by Landlord) shall be included as a Project CostSite Costs payable by Tenant, and provided that any compliance work “triggered” by Landlord’s performance of the Tenant Improvements Work shall be Landlord’s sole cost. All other ADA compliance issues which pertain to the Premises, including without limitation, in connection with Tenant’s construction of any Alterations or other improvements in the Premises (and any resulting ADA compliance requirements in the Common Areas if Landlord shall consent to same as more particularly provided in Section 7.3 of this Lease) and the operation of Tenant’s business and employment practices in the Premises, shall be the responsibility of Tenant at its sole cost and expense. The repairs, corrections or replacements required of Landlord or of Tenant under the foregoing provisions of this Section 2.4(c) shall be made promptly following notice of non-compliance from any applicable governmental agency.

Landlord’s Responsibilities. A Except for normal and reasonable wear and use, and as provided in Section 4.1..3, below, Landlord warrants shall maintain, and, after receiving notice or actual knowledge of the need for repair, shall repair and/or replace (as necessary) the Building Systems, Common Areas and Structural Elements in a first class manner comparable to the maintenance of similar properties in the Applicable Submarket. Tenant shall promptly report in writing to Landlord any condition in the Premises known to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systemswhich Landlord is required to repair, and the passenger failure to so report such conditions (whether knowing or not) shall excuse any delay by Landlord in commencing and freight elevators serving the Premises shall be in good operating condition and completing such repair (except to the extent modified or the same would otherwise impaired by Tenant’s construction be Landlord's responsibility hereunder. All costs associated with the fulfillment of the Tenant ImprovementsLandlord's responsibilities under this Section 4.1.2 shall constitute Operating Expenses, except (i) on the Early Occupancy Dateas limited under Section 2.2-1.E., (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Dateabove, and (cii) those expenses which are Tenant's sole responsibility under Section 4.1.3, below. B In the Premisesevent of (i) an Emergency or (ii) Landlord's failure to commence such maintenance and repairs required under this Lease within thirty (30) days after notice thereof from Tenant, Building and the Common Areas (except for the Tenant Improvements) may, but shall comply with all lawsnot be obligated to, codes and regulations (collectively, “Laws”) pertaining theretoperform any such obligation of Landlord, and to recover from Landlord the reasonable and actual costs incurred by Tenant in performing such obligation, which shall be free payable within thirty (30) days after Tenant's written demand accompanied by reasonable substantiation of latent defects the applicable costs. The foregoing right to perform Landlord's obligations shall only apply after the requisite notice and opportunity to cure has been afforded to Landlord (including any shortened cure period permitted in the construction thereofcases of Emergency), as long as Tenant notifies Landlord of the Early Occupancy Date. Provided that needed repair or other default as soon as possible after Tenant shall notify Landlord learns of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s sole cost and expense and not as a Project Costits existence.

Landlord’s Responsibilities. Landlord warrants to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety system, lighting, heating, ventilation and air conditioning systems, electrical systems, and the passenger and freight elevators serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s 's construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “"Laws”") pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s 's sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s 's sole cost and expense and not as a Project Cost.

Landlord’s Responsibilities. (a) Notwithstanding the provisions of Section 7.2 of this Lease, during the initial 60-month Term of this Lease (as same may be extended by Tenant pursuant to Section 1 above), Landlord agrees to repair and/or replace, at its sole cost and expense and not as a “Project Cost”, all structural walls, foundations, structural elements of the roof of the Building, and underground utility pipes and and/or facilities serving the Building (the “Structural Elements”). Notwithstanding the foregoing, Landlord’s obligation contained in this Subsection (a) to bear such costs and expenses shall not apply: (i) to the costs and expenses of periodic maintenance of the Structural Elements, nor (ii) to the extent of the negligence or willful misconduct by Tenant, its employees, agents, contractors, licensees or invitees (in which case Tenant shall be responsible for the reasonable costs of such repairs and/or replacements). Tenant shall give Landlord prompt notice when Tenant becomes aware of any repairs or replacements required of Landlord pursuant to this Subsection (a), and such repairs shall be made promptly following notice from Tenant. (b) Landlord warrants to Tenant as follows: (i) that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety sprinkler system, lighting, heating, ventilation and air conditioning systems, systems and electrical systems, and the passenger and freight elevators systems serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Commencement Date, and (cii) that the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and Premises shall be free of latent defects delivered to Tenant on the Commencement Date in the construction thereof, as of the Early Occupancy Datea vacant and “broom clean” condition. Provided that Tenant shall notify Landlord of a any non-compliance with the foregoing warranty set forth warranties contained in Subsection 2.4(asubsections (i) and/or (ii) above not later than one hundred twenty thirty (12030) days from and after following the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each such non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, . (c) Landlord shall rectify correct, repair and/or replace any non-compliance of the Building, the Tenant Improvements, and/or the Common Areas with all applicable building permits and codes in effect as of the foregoing warranty contained in Subsection 2.4(cdate of the issuance of building permit(s) above throughout therefor, including without limitation, the Term provisions of this Lease at Title III of the Americans With Disabilities Act (“ADA”). Said costs of compliance shall be Landlord’s sole cost and expense shall not be part of Project Costs; including any costs of bringing to code compliance any portions of the Building, the Tenant Improvements and/or the Common Areas which were in compliance when they were built but are required by the applicable governmental entity to be upgraded to current codes, such upgrading requirement, however, not to be triggered as the result of either Alterations by Tenant or by revisions or amendments to the codes themselves. Landlord shall correct, repair or replace any non-compliance of the Building, the Tenant Improvements and/or the Common Areas with any revisions or amendments to applicable building codes (including, without limitation, the ADA) becoming effective after the date of issuance of the applicable building permit(s) therefor, provided that, subject to the first sentence of this Subsection (c), the amortized cost of such repairs or replacements (amortized over the useful life thereof in accordance with generally accepted accounting principles, consistently applied, and not using a market cost of funds reasonably determined by Landlord) shall be included as Project Costs payable by Tenant, and provided that any compliance work “triggered” by Landlord’s performance of the Tenant Improvements Work shall be Landlord’s sole cost. All other ADA compliance issues which pertain to the Premises, including without limitation, in connection with Tenant’s construction of any Alterations or other improvements in the Premises (and any resulting ADA compliance requirements in the Common Areas if Landlord shall consent to same as more particularly provided in Section 7.3 of this Lease) and the operation of Tenant’s business and employment practices in the Premises, shall be the responsibility of Tenant at its sole cost and expense. The repairs, corrections or replacements required of Landlord or of Tenant under the foregoing provisions of this Subsection (c) shall be made promptly following notice of non-compliance from any applicable governmental agency. (Turn-key) The tenant improvement work (the “Tenant Improvements” and the “Tenant Improvement Work”) shall consist of the work, including work in place as of the date hereof, required to complete the improvements to the Premises as shown in the space plan (the “Plan”) prepared by X. Xxxxx, dated November 20, 2013, and the cost estimate (the “Cost Estimate”) prepared by Redhawk, dated December 3, 2013. The Tenant Improvement Work shall include Alternates “B,” “C,” “E,” “F,” and “G” (the “Included Alternates” herein). The Tenant Improvement Work shall be performed by a Project Costcontractor selected by Landlord and in accordance with the requirements and procedures set forth below.

Landlord’s Responsibilities. (a) Notwithstanding the provisions of Section 7.2 of this Lease, during the initial 60-month Term of this Lease (as same may be extended by Tenant pursuant to Section 3.3 below), Landlord agrees to repair and/or replace, at its sole cost and expense and not as a “Project Cost”, all structural walls, foundations, structural elements of the roof of the Building, and underground utility pipes and and/or facilities serving the Building (the “Structural Elements”). Notwithstanding the foregoing, Landlord’s obligation contained in this Section 2.4(a) to bear such costs and expenses shall not apply: (i) to the costs and expenses of periodic maintenance of the Structural Elements, nor (ii) to the extent of the negligence or willful misconduct by Tenant, its employees, agents, contractors, licensees or invitees (in which case Tenant shall be responsible for the reasonable costs of such repairs and/or replacements). Tenant shall give Landlord prompt notice when Tenant becomes aware of any repairs or replacements required of Landlord pursuant to this Section 2.4(a), and such repairs shall be made promptly following notice from Tenant. (b) Landlord warrants to Tenant as follows: (i) that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety sprinkler system, lighting, heating, ventilation and air conditioning systems, systems and electrical systems, and the passenger and freight elevators systems serving the Premises shall be in good operating condition and repair (except to the extent modified or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Commencement Date, and (cii) that the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and Premises shall be free of latent defects delivered to Tenant on the Commencement Date in the construction thereof, as of the Early Occupancy Datea vacant and “broom clean” condition. Provided that Tenant shall notify Landlord of a any non-compliance with the foregoing warranty set forth warranties contained in Subsection 2.4(asubsections (i) and/or (ii) above not later than one hundred twenty thirty (12030) days from and after following the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each such non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, . (c) Landlord shall rectify correct, repair and/or replace any non-compliance of the Building, the Tenant Improvements, and/or the Common Areas with all applicable building permits and codes in effect as of the foregoing warranty contained in Subsection 2.4(cdate of the issuance of building permit(s) above throughout therefor, including without limitation, the Term provisions of this Lease at Title III of the Americans With Disabilities Act (“ADA”). Said costs of compliance shall be Landlord’s sole cost and expense shall not be part of Project Costs; including any costs of bringing to code compliance any portions of the Building, the Tenant Improvements and/or the Common Areas which were in compliance when they were built but are nonetheless required by the applicable governmental entity to be upgraded to current codes, such upgrading requirement, however, not to be triggered as the result of either Alterations by Tenant or by any further revisions or amendments to the codes themselves. Landlord shall correct, repair or replace any non-compliance of the Building, the Tenant Improvements and/or the Common Areas with any further revisions or amendments to applicable building codes (including, without limitation, the ADA) becoming effective after the date of issuance of the applicable building permit(s) therefor, provided that, subject to the first sentence of this Section 2.4(c), the amortized cost of such repairs or replacements (amortized over the useful life thereof in accordance with generally accepted accounting principles, consistently applied, and not using a market cost of funds reasonably determined by Landlord) shall be included as a Project CostCosts payable by Tenant, and provided that any compliance work “triggered” by Landlord’s performance of the Tenant Improvements Work shall be Landlord’s sole cost. All other ADA compliance issues which pertain to the Premises, including without limitation, in connection with Tenant’s construction of any Alterations or other improvements in the Premises (and any resulting ADA compliance requirements in the Common Areas if Landlord shall consent to same as more particularly provided in Section 7.3 of this Lease) and the operation of Tenant’s business and employment practices in the Premises, shall be the responsibility of Tenant at its sole cost and expense. The repairs, corrections or replacements required of Landlord or of Tenant under the foregoing provisions of this Section 2.4(c) shall be made promptly following notice of non-compliance from any applicable governmental agency.

Landlord’s Responsibilities. Landlord warrants shall, as a part of the Redevelopment Work, remove, clean-up and remediate in conformity with and to the extent required by applicable law any Hazardous Materials in or affecting the Premises which are discovered between the date hereof and the date the Redevelopment Work is completed, except asbestos-containing materials identified in ATC Associates’ Asbestos Survey Report dated April 10, 2000, the containment, removal and abatement of which shall be performed by and at the cost of Tenant. Landlord represents to Tenant that that, to the best of Landlord’s knowledge, the Premises comply with all Environmental Laws (adefined below) as of the roofdate hereof. Landlord covenants to not use, foundationand not allow the use of, footingsany part of the Development Project or any improvements thereon for the release, slabstorage, structural wallsuse, exterior windows treatment, disposal or other handling of any Hazardous Material which is not typical for urban retail operations or in excess of legally permissible quantities. If any Hazardous Materials (other than Hazardous Materials generated or disposed of by Tenant) are hereafter found to exist on the Premises or on the Development Project and skylights presenting a serious threat of being released upon or migrating onto the Premises (including sealssubsurface migration originating from nearby property, whether owned by Landlord or any third party) and either such Hazardous Materials must be remediated, contained or removed under any Environmental Law or by order of any public authority, Landlord shall (at no cost to Tenant), plumbingwithin 30 days of learning thereof, fire sprinkler\life safety systemcause the required remediation work to be promptly undertaken and thereafter diligently and fully performed in compliance with such Environmental Laws or orders and consistent with prudent industry practices regarding management of such Hazardous Materials, lightingincluding the containment or prevention of Hazardous Materials being released upon or migrating (subsurface or otherwise) toward the Premises. In addition, heatingLandlord shall Indemnify Tenant against all Claims associated with any such migration or release of Hazardous Materials and any Hazardous Materials which now, ventilation at any time in the past or at any time in the future shall be located or released upon the Premises from the Building or the Development Project (other than Hazardous Material generated or disposed of by Tenant, its employees, agents, or contractors) and air conditioning systemsthe release, electrical systemsstorage, use, treatment, disposal or other handling by Landlord, its contractors or any third party(ies) of the same. Such indemnification shall cover, without limitation of other Claims, all costs of investigation, monitoring, required or necessary repairs, cleanup or detoxification or decontamination, and the passenger preparation and freight elevators serving the Premises shall be in good operating condition and repair (except to the extent modified implementation of any closure, remedial action or otherwise impaired by Tenant’s construction of the Tenant Improvements) on the Early Occupancy Date, (b) the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Dateother required plans. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty (120) days from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Date, then Landlord shall, except as otherwise provided in In this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, rectify same at Landlord’s sole cost and expense and not as a Project Cost. Except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each non-compliance, Landlord shall rectify any non-compliance with the foregoing warranty contained in Subsection 2.4(c) above throughout the Term of this Lease at Landlord’s sole cost and expense and not as a Project Cost.“

Landlord’s Responsibilities. (a) Notwithstanding the provisions of Section 7.2 of this Lease, during the initial 60-month Term of this Lease, Landlord agrees to repair and/or replace, at its sole cost and expense and not as a “Project Cost”, the structural components of the roof, the exterior walls and the foundations and footings of the Building and the main sewer line serving the Building. Notwithstanding the foregoing, Landlord’s obligation contained in this Section 2.4(a) to bear such costs and expenses shall not apply: (i) to the costs and expenses of normal periodic maintenance of the roof, walls, foundations and footings of the Building and sewer line serving the Building, nor (ii) to the extent of the negligence or willful misconduct by Tenant, its employees, agents, contractors, licensees or invitees (in which case Tenant shall be responsible for the reasonable costs of such repairs and/or replacements). The repairs or replacements required of Landlord pursuant to this Section 2.4(a) shall be made promptly following notice from Tenant. (b) Landlord warrants to Tenant that (a) the roof, foundation, footings, slab, structural walls, exterior windows and skylights (including seals), plumbing, fire sprinkler\life safety sprinkler system, loading doors, lighting, heating, ventilation and air conditioning systems, mechanical systems and electrical systems, and the passenger and freight elevators systems serving the Premises shall be in good operating condition (and repair (except with respect to the extent modified or otherwise impaired by Tenant’s construction roof, free of the Tenant Improvementsleaks) on the Early Occupancy Date, Date and thereafter until the date which is eight (b) 8) months from and after the Premises, the Building, and Common Areas shall be free of all mold as of the Delivery Date, and (c) the Premises, Building and the Common Areas (except for the Tenant Improvements) shall comply with all laws, codes and regulations (collectively, “Laws”) pertaining thereto, and shall be free of latent defects in the construction thereof, as of the Early Occupancy Commencement Date. Provided that Tenant shall notify Landlord of a non-compliance with the foregoing warranty set forth in Subsection 2.4(a) above not later than one hundred twenty on or before the date which is eight (120) days 8) months from and after the Early Occupancy Date, or of a non-compliance with the foregoing warranty set forth in Subsection 2.4(b) above not later than sixty (60) days from and after the Delivery Commencement Date, then Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of each such non-compliance, rectify same at Landlord’s sole cost and expense and not as a “Project Cost”. Except as otherwise provided Notwithstanding the foregoing, Landlord’s obligation contained in this LeaseSection 2.4(b) to bear such costs and expenses shall not apply: (i) to the costs and expenses of normal periodic maintenance of said systems during the warranty period, promptly after receipt of written notice from Tenant setting forth nor (ii) to the nature and extent of each non-compliancethe negligence or willful misconduct by Tenant, its employees, agents, contractors, licensees or invitees (in which case Tenant shall be responsible for the reasonable costs of such repairs and/or replacements). As used in this Section 2.4(b), “normal periodic maintenance” shall not include deferred maintenance. Further, in connection with the construction of the Tenant Improvements pursuant to the Work Letter, Landlord shall rectify obtain customary warranties and guaranties from the contractor(s) performing such work and/or the manufacturers of equipment installed therein, but shall be under no obligation to incur additional expense in order to obtain or extend such warranties unless Tenant agrees in writing to bear such additional expense. If Tenant is required to make repairs to any non-compliance with component of the foregoing Premises or any of its systems not covered by the Landlord’s warranty contained in Subsection 2.4(cthis Section 2.4(b), then Landlord shall, upon request by Tenant, either (i) above throughout use its good faith efforts to pursue its rights under any such warranties and guaranties for the Term benefit of Tenant or (ii) assign its rights and benefits under such warranties and guaranties to Tenant. Tenant’s acceptance of the Premises shall be subject to the foregoing and to the provisions of this Lease at Landlord’s sole cost regarding delivery of possession and expense and not as a Project Costcompletion by Landlord of all punch-list items.