Common use of Landlord’s Responsibilities Clause in Contracts

Landlord’s Responsibilities. Landlord shall maintain and keep in good order and repair the roof, guttering and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraph), of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.

Landlord’s Responsibilities. Landlord shall maintain In addition to the Services described in Paragraph 8.1 above and keep subject to the provisions of Paraxxxxx 00, Xxxxxxxx xxxll maintain, in a reasonably good order and repair state of repair: the roof, guttering roofing, structural and downspouts and the structural exterior walls (including painting thereof) and foundations (neither windows nor doors are regarded as walls for of the purpose of this paragraph)Building; the mechanical, of HVAC System, plumbing and electrical equipment serving the Premises, except that Building and Common Area; and the Common Area, including lobbies, stairs, and corridors. The costs of repairs and maintenance which are the obligation of Landlord hereunder shall be deemed Direct Costs; provided, however, any repairs required because of the wrongful act of Tenant or Tenant's agents shall be made at the sole expense of Tenant and paid as Additional Rent. Tenant shall reimburse give prompt written notice to Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be known maintenance work required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited made by Landlord pursuant to the cost of the repairthis Paragraph 9.1. Landlord shall not be liable to Tenant for any interruption failure to make any such repairs or to perform any maintenance for which Landlord is responsible unless such failure shall persist for an unreasonable time after written notice of Tenant's business the need for such repairs or inconvenience caused maintenance is given to Landlord by Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of and such failure is due solely to causes within Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by reasonable control. Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There shall not be no abatement of rent and no liability of Landlord liable by reason of any injury to or interference with Tenant's business conducted at the Premises arising from the making of any repairs, alterations or improvements in or to any portion of the Building, Common Area or Premises or in or to the fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant./s/ INITIALS

Landlord’s Responsibilities. Landlord shall maintain and keep in good order order, condition, and state of repair all exterior and structural portions (including, but not limited to, the roof, guttering exterior walls, interior load bearing walls, floors (but not floor coverings) and downspouts foundation) and all mechanical systems (plumbing, heating and ventilation, air conditioning and electrical to the point of entry in the Leased Premises) at the Property, and all parking areas, drives, sidewalks and landscaping; provided, however, that if such necessary exterior or structural walls and foundations (neither windows nor doors repairs are regarded as walls for required due to the purpose of this paragraph), of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act negligent acts or negligence omissions of Tenant, its agents, employeesemployees or contractors, invitees or licenseesthen Tenant shall be responsible for the costs of such repairs. Landlord will be responsible for snow removal. Landlord shall maintain and replace all sewerage facilities and other utility facilities outside the Leased Premises servicing the Leased Premises. Landlord shall cause all repairs and changes to be made without unreasonable interference with the business of Tenant or any subtenant or licensee of Tenant. Tenant shall reimburse Landlord for its pro rata share of such reasonable sums (the “Operating Expenses”) which Landlord expends (and which are not be required to make any reimbursed by Landlord’s insurer or other improvements or third party) in effecting its repairs and maintenance and/or operation and/or insuring of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to Property hereunder; provided, however, the cost of the repair. Landlord shall any item which, by standard accounting practice, should be capitalized, will not be liable included in Operating Expenses (except only to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance extent of any repaircost savings in Operating Expenses) and provided further that, maintenance or replacement in for the Premisespurpose of calculating Tenant’s pro rate share of Operating Expenses hereunder, or there shall also be excluded from Operating Expenses: (i) any other work therein pursuant expense related to Landlord's rights or obligations under this lease so long as such work is being conducted debt service with respect to the acquisition, construction and/or expansion of the Property and any payments made by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or respect to any portion of the Premises ground or in or to fixtures, appurtenances and equipment therein. Any and all repairs underlying lease; (ii) any expenses for which Landlord is responsible entitled to be reimbursed by any tenant other than under a rental adjustment and/or additional rent provision; (iii) the cost of any repairs or other work to the extent to which same is actually covered by and/or Landlord is reimbursed by any policy of insurance and/or any award in connection with a taking by eminent domain; (iv) legal fees or other expenses incurred in connection with negotiations or disputes with tenants or prospective tenants of the Property; (v) costs of renovating or otherwise improving or decorating space in the Property for tenants (including the Leased Premises) or other occupants or vacant space; (vi) costs related to maintaining the existence of Landlord’s business entity as a corporation, partnership or other entity; (vii) the wages and salaries (including employee benefits) of any employees above the level of Property manager; (viii) salary, fringe benefits and other compensation for Landlord’s corporate headquarters office personnel not engaged in activities related to the operation and management of the Property; (ix) repairs or replacements resulting from deficient workmanship, or materials or items provided Tenant shall have previously paid for same (so that Tenant has not paid for both the work and the correction of defective work); (x) rental concessions or lease buy-outs; (xi) management fees in excess of 4%; (xii) personal property taxes (other than any of same imposed upon any personal property used in the operation and maintenance of the Property; (xiii) costs for which Landlord is solely obligated under any other express provision of this Lease, (xiv) costs incurred to bring the common areas, or any portion thereof, into compliance with laws existing as of the Commencement Date to the express extent that same shall become in violation of such laws as directly a result of the renovation or improvement of the Property by Landlord subsequent to the Commencement Date and laws enacted after the Commencement Date; (xv) costs attributable to improvements or work which are part of Landlord’s plans as a result of its purchase of the Property; (xvi) leasing costs of any type, including attorneys’ fees, be it procuring tenants or releasing as well as retaining existing tenants and costs of enforcement of Landlord’s rights under leases in the Property; (xvii) costs incurred due to Landlord violations of any of the terms and conditions of any leases in the Property and fines incurred with respect to Landlord’s failure to observe any legal requirements with respect to conditions or violations occurring after the date of Landlord’s obtaining title to the Property; (xvii) overhead and profit paid to subsidiaries or affiliates of the Landlord for management or other services or materials to the extent that the costs of those items would not have been paid had the services and materials been provided by unaffiliated parties on a competitive basis; (xviii) any costs incurred in the addition of other improvements, offices or stores, and/or expansion of the Property; (xix) auditors’ fees (except for auditory fees incurred in connection with the preparation of statements of Operating Expenses for the Property); (xx) advertising and promotional expenditures (except for costs for “help wanted” advertising and the like incurred in connection with the operation and maintenance of the Property); (xxi) any costs, fines or penalties incurred due to violations by Landlord of any governmental rule or authority and the defense of same; (xxii) expenses for vacant or vacated space, including utility costs, securing and renovating; (xxv) costs attributable to defective or deficient work performed by Landlord; (xxiii) any inheritance, estate, succession, transfer, gift, franchise, corporation, net income or profit tax assessed against Landlord; (xxiv) the costs of maintaining any facilities not physically located within the Property; (xxv) any expenses incurred in connection with any portions of the Building and Property from which Tenant does not derive any benefit (including, without limitation, any enclosed mall retail shopping area constructed within the Building or elsewhere upon the Property) and (xxvi) any other cost which would be duplicative of items otherwise payable by Tenant under any other express provision of this Lease. As of the date hereof, Tenant’s pro rata share of Operating Expenses is (7.93%), which share has been calculated by dividing the 31,500 square feet of floor area comprising the Leased Premises (such Premises measurement to be confirmed and adjusted, as applicable, with the method of such measurement being the measurement from the middle of the outside perimeter wall to the middle of the outside perimeter wall) by the 000,000 xxxxxx xxxx xx xxxxx xxxx of the Building (such Building measurement to be confirmed and adjusted, as applicable, and such measurement to exclude the blue building that was formerly the retail store, the Quonset hut, and the fire pump and gas house, provided, however, such excluded spaces will be added to the total square footage of the building if leased by Landlord, and, provided, further, any newly constructed space will be added to the total square footage of the Building). Tenant’s pro rata share of Operating Expenses shall be made within a reasonable time after written notice paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total Operating Expenses due for the current calendar year. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the final statement for the Operating Expenses for the previous calendar year, Landlord will notify Tenant of the necessity amount of such repairs has been Operating Expenses on which Tenant’s pro rata share is based, and the amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given by year or partial year are greater than Tenant’s share of the Operating Expenses payable for a given year or partial year, Tenant shall receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (and in the event of a credit to the Tenant upon or after termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference.

Landlord’s Responsibilities. (a) Landlord shall maintain correct, repair or replace, at Landlord's sole cost and keep in good order expense and repair not as a Project Cost, any non-compliance of the roof, guttering and downspouts Building exterior and the structural walls Common Areas with all applicable building permits and foundations codes in effect as of the Commencement Date, including without limitation, the provisions of Title III of the Americans With Disabilities Act (neither windows nor doors are regarded "ADA") in effect as walls for of the purpose Commencement Date. Said costs of this paragraph), compliance shall be Landlord's sole cost and shall not be part of Project Costs. All other ADA compliance issues which pertain to the Premises, except that Tenant shall reimburse Landlord for the cost including without limitation, in connection with Tenant's construction of any repair occasioned by the act alterations or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon in the Premises (and appurtenances thereto. Landlord's sole liability shall be limited to any resulting ADA compliance requirements in the cost of Common Areas), the repair. Landlord shall not be liable to Tenant for any interruption Improvements and the operation of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement and employment practices in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There shall be no abatement the responsibility of rent Tenant at its sole cost and no liability expense. The repairs, corrections or replacements required of Landlord by reason or of any injury to or interference with Tenant's business arising from Tenant under the making foregoing provisions of any repairs, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible this Section 2.4 shall be made within a reasonable time after written promptly following notice of non-compliance from any applicable governmental agency. Tenant shall promptly forward any such notice that Tenant receives to Landlord. Further, Landlord shall, during the necessity initial Lease Term, correct, repair or replace, at Landlord's sole cost and expense and not as a Project Cost, any failure of such the structural components of the foundations, footings and load- bearing walls of the Building. The corrections, repairs has been given by or replacements required of Landlord in the preceding sentence of this Section 2.4 shall be made promptly following notice from Tenant.

Landlord’s Responsibilities. Landlord shall agrees to keep and maintain and keep or cause to be kept or maintained in good order repair (and repair in no event less than the standard of maintenance, if any, required by the Master Declaration), at Landlord’s initial expense but subject to reimbursement as a component of Expenses in accordance with Article 5, the roof, guttering foundation, plumbing, electrical and downspouts sewage systems and structural components of the exterior of the Building and the structural interior load bearing walls of the Building only to the extent that such systems or components were not constructed or installed by or at the behest of Tenant, as well as the Property’s common areas, and foundations (neither windows nor doors are regarded as walls Landlord shall make or cause to be made all such necessary repairs within a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall further maintain or cause to be maintained the purpose grounds, sidewalks, landscaping and paved surfaces of this paragraph)the Property, keeping them reasonably free from snow and ice and in good repair and appearance and in compliance with all applicable laws and with the standard of maintenance, if any, required by the Master Declaration. Landlord reserves the right, at Tenant’s expense, to make all repairs to the Premises, except that fixtures and appurtenances necessitated by the fault, negligence or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, or in order to conform to all laws, orders and regulations of the federal, state and county authorities or any of their departments having jurisdiction over the Premises or the Building. If any repairs or maintenance under this Section 10.02 are necessitated because of the negligence or willful act or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, Tenant shall reimburse Landlord for the cost costs of any repair occasioned by the act such repair, replacement or negligence maintenance within ten (10) business days of Tenant, its agents, employees, invitees or licenseespresentation of an invoice therefor. Landlord shall not be required under no obligation to make any other improvements or repairs of any kind upon inspect the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost interior of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.

Landlord’s Responsibilities. Except as otherwise provided in this Lease, Landlord shall shall, at its sole cost and expense, maintain and keep repair (for purposes of this Lease, the term “repair” shall be deemed to include replacement) in good order condition throughout the Term: (a) all structural components of the Building, including without limitation the Building structure, foundation, roof structure and repair the roofmembrane (including without limitation roof drains, guttering gutters, penetrations, access doors and downspouts panels (including without limitation associated framing and the structural sealing), and parapet), exterior walls and foundations doors, exterior windows (neither windows nor doors are regarded as walls for the purpose of this paragraphincluding without limitation associated framing and sealing, and glazing; but excluding glass), of interior structural walls, and all structural floor and ceiling components; and (b) all Building systems and mechanical components, including without limitation electrical (excluding non-concealed (e.g., readily accessible) fixtures, which shall be Tenant’s responsibility), mechanical, plumbing (excluding non-concealed (e.g., readily accessible) fixtures such as sinks, toilets, showers and visible plumbing pipes connected to the Premisesfixture, except that Tenant which shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of be Tenant’s responsibility), its agentsand fire protection systems (but not heating and air conditioning systems, employees, invitees or licenseeswhich shall be Tenant’s responsibility). Landlord shall not be required to make maintain and repair in good condition any other improvements damage to or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost destruction of the repairProperty, or any portion thereof, caused by any casualty not required to be repaired under Section 8.1 of this Lease, or caused by any condemnation or taking of the Property, or any portion thereof or interest therein, not required to be repaired under Section 9.1 of this Lease. Landlord shall not have the right to erect scaffolding and other apparatus necessary for the purpose of making repairs to the Property, and Landlord shall have no liability for interference with Tenant’s use because of such work (which may be liable to conducted during normal business hours), provided Landlord conducts such work in a commercially reasonable manner. Provided Landlord conducts all maintenance, repair, and other work in a commercially reasonable manner, Tenant shall have no claim against Landlord for any interruption or reduction of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There shall be no abatement of rent and no liability of Landlord by reason of any injury to services or interference with Tenant's business arising from the making of any repairs’s occupancy caused by Landlord’s maintenance, alterations repair, or improvements in other work, and no such interruption or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible reduction shall be made within construed as a reasonable time after written notice constructive or other eviction of the necessity of such repairs has been given by Tenant.

Landlord’s Responsibilities. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees: (i) that the Premises (including, without limitation, the "Tenant Improvements" constructed pursuant to the Work Letter attached hereto) shall be in good and clean operating condition and repair as of the Commencement Date, and that the plumbing, electrical and mechanical systems serving the Building, including, without limitation, the HVAC systems, shall be in good operating condition as of the Commencement Date, and (ii) that Landlord, at its sole cost and expense, shall correct, repair or restore the integrity of the slabs, foundations, footings, load-bearing walls and structural components of the roof of the Building during the initial Term of the Lease. Landlord shall, promptly after receipt of the written notice from Tenant setting forth the nature and extent of the need of any repairs referred to in the foregoing, rectify same at Landlord's sole cost and expense. Further, Landlord shall maintain correct, repair or replace, at Landlord's sole cost and keep expense and not as a Project Cost, any non-compliance of the Building (including, without limitation, the Tenant Improvements constructed therein) and/or the Common Areas of the Project with all applicable building permits and codes in good order effect as of the Commencement Date, including without limitation, the provisions of Title III of the Americans With Disabilities Act ("ADA") in effect as of the Commencement Date. Subject to the provisions for Landlord's construction and repair the roof, guttering and downspouts rehabilitation and the structural walls and foundations (neither windows nor doors are regarded inclusion of the amortized costs thereof in "Project Costs" as walls for the purpose provided in Section 5.1 of this paragraph)Lease, of all other ADA compliance issues regarding the Premises, except that Tenant shall reimburse Landlord for the cost including without limitation, Tenant's construction of any repair occasioned by the act alterations or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon in the Premises and appurtenances thereto. Landlord's sole liability shall be limited to in connection with the cost of the repair. Landlord shall not be liable to Tenant for any interruption operation of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement and employment practices in the Premises, shall be the responsibility of Tenant at its sole cost and expense. The repairs, corrections or any other work therein pursuant to Landlord's rights or obligations replacements required of Landlord under this lease so long as such work is being conducted by Landlord Section 2.4 in accordance connection with the terms of the Lease noncompliance with permits and without negligence or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible codes shall be made within a reasonable time after written promptly following notice of the necessity of noncompliance from any applicable governmental agency. Tenant shall promptly forward any such repairs has been given by Tenantnotice that Tenant receives to Landlord.

Landlord’s Responsibilities. Landlord shall maintain Tenant hereby waives the provisions of California Civil Code Section 1932(1), 1941 and keep in good order and repair 1942 or any other applicable existing or future Legal Requirement permitting the roof, guttering and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose termination of this paragraph)Lease due to such interruption, of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act failure or negligence of Tenant, its agents, employees, invitees or licenseesinability. Landlord shall not be required to make any other improvements in default under this Lease or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated (except as otherwise expressly provided herein below) or a constructive or other eviction be deemed to Tenant for have occurred by reason of, any interruption of or failure to supply or delay in supplying any such utilities and services or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises, whether such results from mandatory restrictions or voluntary compliance with guidelines; provided, however, that Landlord shall, however, use reasonable and diligent efforts to restore or to cause the restoration of the interrupted utility service, if and to the extent that the interruption or failure is caused by or the result of, directly or indirectly, the negligence or willful misconduct of Landlord or Landlord’s agents, employees, officers or contractors. Notwithstanding anything contained herein to the contrary, if any interruption in, or failure or inability to provide any utilities to the Premises is caused by or the result of, directly or indirectly, the negligence or willful misconduct of Landlord or Landlord’s agents, employees, officers or contractors and continues for three (3) or more consecutive days after Xxxxxx’s written notice thereof to Landlord and Landlord fails to restore or commence repairs or work to restore such interruption or failure, then Tenant shall be entitled to an abatement of Base Rent, which abatement shall be based on the extent of Tenant's business ’s inability to reasonably use the Premises for Tenant’s business. The abatement provisions set forth above shall be inapplicable to any interruption in, or inconvenience failure or inability to provide any utilities that is caused by (x) damage by fire or other casualty or a taking (it being acknowledged that such situations shall be governed by Articles 11 and 12, respectively), (y) the negligence or willful misconduct of Tenant or Tenant's assigns, sublessees, customers, invitees’s agents, employees, licensees officers or concessionaires in contractors, or (z) by any act other than the acts of Landlord, it being acknowledged and agreed to by Tenant that Xxxxxx is responsible for causing all utilities to be furnished to the Premises on account of Landlord's performance of any repair, maintenance or replacement in throughout the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by TenantTerm.

Landlord’s Responsibilities. Landlord shall agrees to keep and maintain and keep or cause to be kept or maintained in good order repair (and repair in no event less than the standard of maintenance, if any, required by the Master Declaration), at Landlord’s initial expense but subject to reimbursement as a component of Expenses in accordance with Article 5, the roof, guttering foundation, plumbing, electrical and downspouts sewage systems and structural components of the exterior of the Building and the structural Parking Deck and the interior load bearing walls of the Building and foundations (neither windows nor doors are regarded the Parking Deck only to the extent that such systems or components were not constructed or installed by or at the behest of Tenant, as walls well as the Property’s common areas, and Landlord shall make or cause to be made all such necessary repairs within a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall further maintain or cause to be maintained the purpose grounds, sidewalks, landscaping and paved surfaces of this paragraph)the Property, keeping them reasonably free from snow and ice and in good repair and appearance and in compliance with all applicable laws and with the standard of maintenance, if any, required by the Master Declaration. Landlord reserves the right, at Tenant’s expense, to make all repairs to the Premises, except that fixtures and appurtenances necessitated by the fault, negligence or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, or in order to conform to all laws, orders and regulations of the federal, state and county authorities or any of their departments having jurisdiction over the Premises, the Building or the Parking Deck. If any repairs or maintenance under this Section 10.02 are necessitated because of the negligence or willful act or omission of Tenant or its agents, employees, guests, customers, independent contractors or invitees, Tenant shall reimburse Landlord for the cost costs of any repair occasioned by the act such repair, replacement or negligence maintenance within ten (10) business days of Tenant, its agents, employees, invitees or licenseespresentation of an invoice therefor. Landlord shall not be required under no obligation to make any other improvements or repairs of any kind upon inspect the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost interior of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.

Landlord’s Responsibilities. Landlord shall maintain or cause to be maintained, and keep in good order after receiving notice or actual knowledge of the need for repair, shall repair all structural and repair non-structural portions of the roof, guttering and downspouts and the structural walls and foundations Building Systems (neither windows nor doors are regarded as walls for the purpose of this paragraphhereafter defined), Common Areas (as hereafter defined) and Structural Elements (as hereafter defined), provided that, to the extent any of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned such maintenance or repairs is rendered necessary by the act negligence or negligence willful misconduct of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees independent contractors, guests or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in (while within the Premises) invitees, or any other work therein pursuant Tenant shall be obligated to Landlord's rights or obligations under this lease so long as such work is being conducted reimburse Landlord for all direct costs sustained by Landlord in accordance with connection therewith to the terms extent such costs are not covered by the fire and casualty insurance maintained, or required to be maintained, by Landlord on the Building, which reimbursement shall be due no later than thirty (30) days after Landlord's written demand. For the purposes of this Section 7, "Building Systems" shall mean the mechanical, electrical, plumbing, and HVAC systems serving the Building and located outside of the Lease and without negligence confines of the Premises or disregard for Tenant's business operations. There which are located within the Premises but which serve other areas of the Building, but shall be no abatement of rent and no liability of Landlord by reason of any injury to exclude all or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the HVAC system serving the Premises or in or which is to fixturesbe installed by Tenant pursuant to this Lease; "Common Areas" shall mean those areas of the Building which are available for the non-exclusive use of any tenant of the Building, appurtenances including without limitation parking areas, lobbies, elevators, restrooms, stairs, corridors, janitor's closets, and equipment thereinelectrical and telephone closets; and "Structural Elements" shall mean the structural components of the Building's base building improvements, including structural components which integrate with the interior tenant improvements within the Premises, including without limitation the roof, foundations, exterior structural walls and other load-bearing elements of the Building. Any For purposes of allocating the responsibility for actually performing repairs on the items described, Landlord agrees that all entrance doors and all windows shall constitute "Structural Elements" so that Landlord shall, subject to Article 9 of this Lease, perform repairs for which Landlord is responsible on such items in accordance with this Article 7 even though they are not load bearing. Tenant shall be made within a reasonable time after written notice solely responsible for providing, at Tenant's sole expense, interior cleaning and janitorial service for the Premises, in accordance with Section 7.2, below. Landlord warrants that all Structural Elements and Building Systems in the Building and in each portion of the necessity Premises shall be in good working order as of such repairs has been given by the date possession of the applicable portion of the Premises is tendered to Tenant.

Landlord’s Responsibilities. Tenant accepts the Leased --------------------------- Premises as they currently exist. Landlord shall agrees to repair and maintain and keep in good order and repair condition the roof, guttering roof drains, outside walls, foundations, structural portions (both interior and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraphexterior), the non-structural interior portions, doors, windows, plate and window glass, and floor covering, plumbing, heating, air conditioning, electrical and sewerage system, facilities and fixed appliances of the Leased Premises. There is excepted from the preceding covenant, except that Tenant shall reimburse Landlord for the cost however, repair of any repair occasioned damage caused by the act or negligence of Tenant, its employees, agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublesseescontractors, customers, invitees, employees, licensees . In the event the Landlord shall undertake any maintenance or concessionaires repair in the Premises on account course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease, the responsibility of Tenant, Tenant shall pay Landlord's performance cost thereof plus overhead and interest as above provided in this paragraph. If Landlord refuses or neglects properly to effect repairs as required hereunder and to the reasonable satisfaction of Tenant as soon as reasonably possible after written demand, Tenant may make such repairs without liability to Landlord for any repair, maintenance loss or replacement in the Premises, or any other work therein pursuant damage that may accrue to Landlord's rights or obligations under this lease so long as property, and upon completion thereof, Tenant shall deduct Tenant's cost for making such repairs from its next monthly installment(s) of rent. Landlord shall at its own expense perform all janitorial and cleaning services within the Leased Premises in order to keep same in a neat, clean and orderly condition. Landlord reserves the right to enter the Leased Premises and to make such repairs and to do such work is being conducted by on or about said premises as Landlord in accordance with may deem desirable, necessary or proper or that Landlord may be lawfully required to make. Landlord reserves the terms of right to visit and inspect the Lease Leased Premises at all reasonable times and without negligence show same to prospective tenants, purchasers, or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenantmortgagees.

Landlord’s Responsibilities. Except as otherwise provided in this Lease, Landlord shall shall, at its sole cost and expense, maintain and keep repair (for purposes of this Lease, the term “repair” shall be deemed to include replacement) in good order condition throughout the Term: (a) all structural components of the Building, including without limitation the Building structure, foundation, roof structure and repair the roofmembrane (including without limitation roof drains, guttering gutters, penetrations, access doors and downspouts panels (including without limitation associated framing and the structural sealing), and parapet), exterior walls and foundations doors, exterior windows (neither windows nor doors are regarded as walls for the purpose of this paragraphincluding without limitation associated framing and sealing, and glazing; but excluding glass), of interior structural walls, and all structural floor and ceiling components; and (b) all Building systems and mechanical components, including without limitation electrical (excluding non-concealed (e.g., readily accessible) fixtures, which shall be Tenant’s responsibility), mechanical, plumbing (excluding non-concealed (e.g., readily accessible) fixtures such as sinks, toilets, showers and visible plumbing pipes connected to the Premisesfixture, except that Tenant which shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of be Tenant’s responsibility), its agentsand fire protection systems (but not heating and air conditioning systems, employees, invitees or licenseeswhich shall be Tenant’s responsibility). Landlord shall not be required to make maintain and repair in good condition any other improvements damage to or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost destruction of the repairProperty, or any portion thereof, caused by any casualty not required to be repaired under Section 8.1 of this Lease, or caused by any condemnation or taking of the Property, or any portion thereof or interest therein, not required to be repaired under Section 9.1 of this Lease. Landlord shall not have the right to erect scaffolding and other apparatus necessary for the purpose of making repairs to the Property, and Landlord shall have no liability for interference with Xxxxxx’s use because of such work (which may be liable to conducted during normal business hours), provided Landlord conducts such work in a commercially reasonable manner. Provided Landlord conducts all maintenance, repair, and other work in a commercially reasonable manner, Tenant shall have no claim against Landlord for any interruption or reduction of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There shall be no abatement of rent and no liability of Landlord by reason of any injury to services or interference with Tenant's business arising from the making of any repairs’s occupancy caused by Landlord’s maintenance, alterations repair, or improvements in other work, and no such interruption or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible reduction shall be made within construed as a reasonable time after written notice constructive or other eviction of the necessity of such repairs has been given by Tenant.

Landlord’s Responsibilities. Landlord shall maintain and keep in good order order, condition, and state of repair all exterior and structural portions (including, but not limited to, the roof, guttering exterior walls, interior load bearing walls, floors (but not floor coverings) and downspouts foundation) and all mechanical systems (plumbing, heating and ventilation, air conditioning and electrical to the point of entry in the Leased Premises) at the Property , and all parking areas, drives, sidewalks and landscaping; provided, however, that if such necessary exterior or structural walls and foundations (neither windows nor doors repairs are regarded as walls for required due to the purpose of this paragraph), of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act negligent acts or negligence omissions of Tenant, its agents, employeesemployees or contractors, invitees or licenseesthen Tenant shall be responsible for the costs of such repairs. Landlord will be responsible for snow removal. Landlord shall maintain and replace all sewerage facilities and other utility facilities outside the Leased Premises servicing the Leased Premises. Landlord shall cause all repairs and changes to be made without unreasonable interference with the business of Tenant or any subtenant or licensee of Tenant. Tenant shall reimburse Landlord for its pro rata share of such reasonable sums (the “Operating Expenses”) which Landlord expends (and which are not be required to make any reimbursed by Landlord’s insurer or other improvements or third party) in effecting its repairs and maintenance and/or operation and/or insuring of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to Property hereunder; provided, however, the cost of the repair. Landlord shall any item which, by standard accounting practice, should be capitalized, will not be liable included in Operating Expenses (except only to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance extent of any repaircost savings in Operating Expenses) and provided further that, maintenance or replacement in for the Premisespurpose of calculating Tenant’s pro rate share of Operating Expenses hereunder, or there shall also be excluded from Operating Expenses: (i) any other work therein pursuant expense related to Landlord's rights or obligations under this lease so long as such work is being conducted debt service with respect to the acquisition, construction and/or expansion of the Property and any payments made by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or respect to any portion of the Premises ground or in or to fixtures, appurtenances and equipment therein. Any and all repairs underlying lease; (ii) any expenses for which Landlord is responsible entitled to be reimbursed by any tenant other than under a rental adjustment and/or additional rent provision; (iii) the cost of any repairs or other work to the extent to which same is actually covered by and/or Landlord is reimbursed by any policy of insurance and/or any award in connection with a taking by eminent domain; (iv) legal fees or other expenses incurred in connection with negotiations or disputes with tenants or prospective tenants of the Property; (v) costs of renovating or otherwise improving or decorating space in the Property for tenants (including the Leased Premises) or other occupants or vacant space; (vi) costs related to maintaining the existence of Landlord’s business entity as a corporation, partnership or other entity; (vii) the wages and salaries (including employee benefits) of any employees above the level of Property manager; (viii) salary, fringe benefits and other compensation for Landlord’s corporate headquarters office personnel not engaged in activities related to the operation and management of the Property; (ix) repairs or replacements resulting from deficient workmanship, or materials or items provided Tenant shall have previously paid for same (so that Tenant has not paid for both the work and the correction of defective work); (x) rental concessions or lease buy-outs; (xi) management fees in excess of 4%; (xii) personal property taxes (other than any of same imposed upon any personal property used in the operation and maintenance of the Property; (xiii) costs for which Landlord is solely obligated under any other express provision of this Lease, (xiv) costs incurred to bring the common areas, or any portion thereof, into compliance with laws existing as of the Commencement Date to the express extent that same shall become in violation of such laws as directly a result of the renovation or improvement of the Property by Landlord subsequent to the Commencement Date and laws enacted after the Commencement Date; (xv) costs attributable to improvements or work which are part of Landlord’s plans as a result of its purchase of the Property; (xvi) leasing costs of any type, including attorneys’ fees, be it procuring tenants or releasing as well as retaining existing tenants and costs of enforcement of Landlord’s rights under leases in the Property; (xvii) costs incurred due to Landlord violations of any of the terms and conditions of any leases in the Property and fines incurred with respect to Landlord’s failure to observe any legal requirements with respect to conditions or violations occurring after the date of Landlord’s obtaining title to the Property; (xvii) overhead and profit paid to subsidiaries or affiliates of the Landlord for management or other services or materials to the extent that the costs of those items would not have been paid had the services and materials been provided by unaffiliated parties on a competitive basis; (xviii) any costs incurred in the addition of other improvements, offices or stores, and/or expansion of the Property; (xix) auditors’ fees (except for auditory fees incurred in connection with the preparation of statements of Operating Expenses for the Property); (xx) advertising and promotional expenditures (except for costs for “help wanted” advertising and the like incurred in connection with the operation and maintenance of the Property); (xxi) any costs, fines or penalties incurred due to violations by Landlord of any governmental rule or authority and the defense of same; (xxii) expenses for vacant or vacated space, including utility costs, securing and renovating; (xxv) costs attributable to defective or deficient work performed by Landlord; (xxiii) any inheritance, estate, succession, transfer, gift, franchise, corporation, net income or profit tax assessed against Landlord; (xxiv) the costs of maintaining any facilities not physically located within the Property; (xxv) any expenses incurred in connection with any portions of the Building and Property from which Tenant does not derive any benefit (including, without limitation, any enclosed mall retail shopping area constructed within the Building or elsewhere upon the Property) and (xxvi) any other cost which would be duplicative of items otherwise payable by Tenant under any other express provision of this Lease. As of the date hereof, Tenant’s pro rata share of Operating Expenses is (____%), which share has been calculated by dividing the _______ square feet of floor area comprising the Leased Premises (such Premises measurement to be confirmed and adjusted, as applicable, with the method of such measurement being the measurement from the middle of the outside perimeter wall to the middle of the outside perimeter wall) by the 000,000 xxxxxx xxxx xx xxxxx xxxx of the Building (such Building measurement to be confirmed and adjusted, as applicable, and such measurement to exclude the blue building that was formerly the retail store, the Quonset hut, and the fire pump and gas house, provided, however, such excluded spaces will be added to the total square footage of the Building if leased by Landlord, and, provided, further, any newly constructed space will be added to the total square footage of the Building). Tenant’s pro rata share of Operating Expenses shall be made within a reasonable time after written notice paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total Operating Expenses due for the current calendar year. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the final statement for the Operating Expenses for the previous calendar year, Landlord will notify Tenant of the necessity amount of such repairs has been Operating Expenses on which Tenant’s pro rata share is based, and the amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given by year or partial year are greater than Tenant’s share of the Operating Expenses payable for a given year or partial year, Tenant shall receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (and in the event of a credit to the Tenant upon or after termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference.

Landlord’s Responsibilities. Subject to the provisions of Paragraph 15 below, Landlord shall maintain and keep in reasonably good order and repair the roofrepair, guttering and downspouts and replace if necessary, the structural roof (and roof membrane), structural and exterior walls (including painting thereof), foundations of the Building and foundations (neither windows nor doors are regarded as walls for subsurface utilities serving the purpose Building. Tenant shall give prompt written notice to Landlord of any known maintenance work required to be made by Landlord pursuant to this Paragraph 10.1. The costs incurred by Landlord pursuant to the provisions of this paragraph)Paragraph 10.1 shall be paid by Landlord, of the Premisesat Landlord’s sole cost and expense, except that Tenant shall reimburse Landlord for the cost of performing any repairs and/or replacements of the roof membrane and/or repainting shall be an Operating Expense and Tenant shall pay, as Additional Rent, Tenant’s share of such costs relating to the roof membrane and/or repainting to Landlord as provided in Paragraph 12 below; provided, however, if repair occasioned or replacement of the structural roof (or roof membrane), structural or exterior walls or foundations of the Building or subsurface utilities is caused by (i) Tenant’s breach of any of Tenant’s obligations under this Lease, (ii) any misuse of the act Premises or Building by, or negligence or willful misconduct of, Tenant or any of Tenant, its ’s agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assignscontractors, sublessees, customerssubcontractors, invitees, employeeslicensees, licensees sublessees or concessionaires in the Premises on account of Landlord's performance of any repairother representatives, maintenance then Tenant shall reimburse or replacement in the Premises, or any other work therein pursuant pay to Landlord's rights , within thirty (30) days following receipt of a statement or obligations under this lease so long as invoice and reasonable back up documentation of such work is being conducted costs, for one hundred percent (100%) of the costs paid or incurred by Landlord in accordance with to repair or replace the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenantsame.

Landlord’s Responsibilities. Subject to the provisions of Paragraph 15 below, Landlord shall maintain and keep in good order and repair the roofstructural roof (and roof membrane), guttering structural and downspouts exterior walls (including painting thereof) and foundations of the Building. Tenant shall give prompt written notice to Landlord of any known maintenance work required to be made by Landlord pursuant to this Paragraph 10.1. The costs incurred by Landlord in maintaining and repairing (and replacing, if necessary) the roof membrane shall be an Operating Expense and Tenant shall pay, as Additional Rent, Tenant’s share of such costs to Landlord as provided in Paragraph 12 below. All other costs incurred by Landlord pursuant to the provisions of this Paragraph 10.1 shall not be an Operating Expense but shall be the responsibility of Landlord to maintain and repair; provided, however, however, if repair or replacement of the structural walls and foundations roof (neither windows nor doors are regarded as walls for the purpose of this paragraphand/or roof membrane), structural or exterior walls or foundations of the Premises, except that Tenant shall reimburse Landlord for the cost Building or subsurface utilities is caused by (i) Tenant’s breach of any repair occasioned by of Tenant’s obligations under this Lease, (ii) any misuse of the act Premises or Building by, or negligence or willful misconduct of, Tenant or any of Tenant, its ’s agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assignscontractors, sublessees, customerssubcontractors, invitees, employeeslicensees, licensees sublessees or concessionaires in other representatives, then, to the Premises on account extent so caused, Tenant, subject to Tenant’s right to dispute the same, shall reimburse or pay to Landlord as Additional Rent, within thirty (30) days following receipt of Landlord's performance a written statement or invoice and reasonable back up documentation of such costs, for one hundred percent (100%) of the costs paid or incurred by Landlord to repair or replace the same less any repairinsurance proceeds received by Landlord allocable to such structural roof (or roof membrane), maintenance structural or replacement in exterior walls, foundation or subsurface utilities. If Tenant disputes any of the Premises, costs or any other work therein charges required to be paid by Tenant pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. 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 repairsimmediately preceding sentence, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity Tenant may not withhold payment of such repairs has been given costs or charges billed or invoiced by TenantLandlord to Tenant pending the resolution of such dispute.