Common use of Maintenance and Repair; Compliance With Law Clause in Contracts

Maintenance and Repair; Compliance With Law. At all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site in good operating condition and repair, subject to ordinary wear and tear, and in any event in a manner consistent with other similar facilities or buildings owned or leased by the Lessee and its Subsidiaries; (b) subject to Section 9.5, maintain the Improvements and the Site in accordance with all Applicable Laws (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; (e) use the Improvements and the Site only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site or any part thereof which may be required to keep the Improvements and the Site in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the Site. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws or other agreements.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through and (eb), provided that the foregoing obligations shall only apply to each Leased Property after the Completion Date with respect to such Leased Property. Each Lessee shall perform the foregoing maintenance obligations regardless of whether interior any Leased Property is occupied or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the Siteunoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or office buildings owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain and operate and otherwise keep the Improvements and the Site Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses CLAUSES (aA) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for B). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. THE INTEREST OF LESSOR UNDER THIS LEASE SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY LESSEE. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings restaurant units owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards for first class office space and, in any event event, in no less a manner consistent with as other similar office facilities or buildings owned or leased by the Lessee or its Affiliates, and its Subsidiaries; (b) subject to Section 9.5, maintain the Improvements and the Site in accordance with all Applicable Laws (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; (e) use the Improvements and the Site only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses clause (a) through (e)and as may be required by Applicable Law and Insurance Requirements, Lessee shall perform the foregoing maintenance obligations regardless of whether interior the Leased Property is occupied or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the Siteunoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of the Lessor pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. LESSOR SHALL NOT BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH THE LEASED PROPERTY OR ANY PART THEREOF. Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its ------------------------------------------- own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or office buildings owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain and operate and otherwise keep the Improvements and the Site Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; ----------- and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless --- of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating condition and repair, subject to ordinary wear and tear, and in any event in a manner consistent with other similar facilities or buildings owned or leased by the Lessee and its SubsidiariesAffiliates; (b) subject to Section 9.5, maintain the Improvements and the Site Leased Property in accordance with all Applicable Laws (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to BUSINESS.29631318.9 the Leased Property or any part thereof; (e) use the Improvements and the Site Leased Property only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e)this Section 9.1, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, ordinary or extraordinary, foreseen or unforeseenand including, and including without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations Governmental Actions required for the construction, use, maintenance maintenance, operation and operation construction of the Improvements and the SiteLeased Property. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws or other agreements.

Maintenance and Repair; Compliance With Law. At The ------------------------------------------- Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in a the same manner consistent with as other similar facilities or buildings property owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain and operate and otherwise keep the Improvements and the Site Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with with, all Applicable Laws and requirements of the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; Lessee's underwriters, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). The Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require the Lessor Lessor, the Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of the Lessor Lessor, the Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER THE LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO THE LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH THE LEASED PROPERTY OR ANY PART THEREOF. Neither the Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At The Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall Term (ai) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear, ) and in any event in a manner consistent with other similar facilities or buildings owned or leased by the Lessee and its Subsidiaries; (b) subject to Section 9.5, maintain the Improvements and the Site in accordance with prudent industry standards and all Applicable Laws Insurance Requirements, (including ii) make all Environmental Laws) repairs in all material respectsaccordance with, and maintain (whether or not such repairs or maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site in such a way that the Improvements operate and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to otherwise keep the Leased Property or any part thereof; in compliance with, Applicable Law (eincluding, without limitation, Environmental Laws) use the Improvements and the Site only in accordance with Article X; (fiii) make all necessary structural and nonstructural and ordinary and extraordinary (whether foreseen or appropriate unforeseen) repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (ai) through and (eii), whether interior or exteriorincluding without limitation, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including (x) repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; , and (gy) procureprocuring, maintain maintaining and comply in all material respects complying with all licenses, permits, orders, approvals, consents and other authorizations required for the constructionuse, useoccupancy, maintenance and operation of the Improvements and the SiteLeased Property. The Lessee waives any right that it may now have or hereafter acquire to (xa) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yb) make repairs at the expense of the Lessor pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. The Lessor shall not be liable to the Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. The Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards for similar types of property located in the geographical area where such Leased Property is located and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER THE AGENT NOR ANY FUNDING PARTY SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither the Agent nor any Funding Party shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site in good operating condition and repair, subject to ordinary wear and tear, and in any event in a manner consistent with other similar facilities or buildings owned or leased by the Lessee and its Subsidiaries; (b) subject to Section 9.5, maintain the Improvements and the Site in accordance with all Applicable Laws (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; (e) use the Improvements and the Site only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site or any part thereof which may be required to keep the Improvements and the Site in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the SiteSite and shall procure the valid subdivision of the Site from Site 3E under the California Subdivision Map Act upon request by and with the cooperation of the Lessor in connection with a sale, conveyance or transfer of or proposed sale, conveyance or transfer of the Site separate from Site 3E in both cases as contemplated under the Operative Documents which may include the plotting of a lot line between such Sites to the extent necessary for such compliance, and (h) cause Lessor to be in compliance with the Shared Parking Agreement. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws or other agreements.

Maintenance and Repair; Compliance With Law. At Each Lessee, at ------------------------------------------- its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect with, all Applicable Laws and insurance requirements, subject to the Leased Property or any part thereof; Lessee's right to contest as hereafter provided, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through and (eb), . Each Lessee shall perform the foregoing ----------- --- maintenance obligations regardless of whether interior any Leased Property is occupied or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseenunoccupied, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for nothing herein shall require any Lessee to continuously operate the construction, use, maintenance and operation of the Improvements and the SiteLeased Property. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way. Anything contained in this Lease to the contrary notwithstanding, whenever any obligation, order, rule or requirement, including those claimed to arise under Applicable Law, whether asserted by Governmental Authority or any other Person (other than the Agent, a Funding Party or an Indemnitee), is in fact, asserted, and the same would require the performance or payment by Lessee, and Lessee in good faith believes the same ought to be contested, Lessee shall, subject to indemnification obligations of this Lease, have the right to so contest and to defer performance and payment until the matter is finally resolved; provided, however, that this sentence shall not be deemed to modify or extend the cure period for any Event of Default.

Maintenance and Repair; Compliance With Law. At all times during the Lease Term, the Lessee shall (a) maintain the Improvements Leased Property and the Site in good operating condition and repair, subject to ordinary wear and tear, and in any event in a manner consistent with exercising reasonable care and prudence and with other similar facilities or buildings owned or leased by the Lessee and its SubsidiariesAffiliates and similar to other facilities of like kind, quality and use; (b) subject to Section 9.5, maintain the Improvements Leased Property and the Site ​ ​ ​ ​ in accordance with all Applicable Laws and Regulations (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements Facility (whether under construction or completed) and the Site in such a way that the Improvements Facility and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; (e) use the Improvements Leased Property and the Site only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements Leased Property and the Site or any part thereof which may be required to keep the Improvements Leased Property and the Site in the condition required by the preceding clauses (a) through (e)this Section 9.1, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseenand including, and including without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the SiteLeased Property. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. At all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site in good operating condition and repair, subject to ordinary wear and tear, and in any event in a manner consistent with other similar facilities or buildings owned or leased by the Lessee and its Subsidiaries; (b) subject to Section 9.5, maintain the Improvements and the Site in accordance with all Applicable Laws (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; (e) use the Improvements and the Site only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site or any part thereof which may be required to keep the Improvements and the Site in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the SiteSite and the valid subdivision of the Site from Site 3 under the California Subdivision Map Act upon request by and with the cooperation of the Lessor in connection with a sale, conveyance or transfer of or proposed sale, conveyance or transfer of the Site separate from Site 3 in both cases as contemplated by the Operative Documents which may include the plotting of a lot line between such Sites to the extent necessary for such compliance. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws or other agreements.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the any Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses CLAUSES (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Syndication Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Syndication Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE SYNDICATION AGENT NOR ANY LENDER SHALL BE LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Syndication Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep such Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site such Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether such Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards for similar types of property located in the geographical area where the Leased Property is located and, in any event event, in no less a manner consistent with as other similar facilities or office/warehouse buildings owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain and operate and otherwise keep the Improvements and the Site Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through and (eb), provided that the foregoing obligations shall only apply to each Leased Property after the Completion Date with respect to such Leased Property. Lessee shall perform the foregoing maintenance obligations regardless of whether interior any Leased Property is occupied or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the Siteunoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NONE OF LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At all times during each Site Term with respect to each Site on and after the Lease TermBase Term Commencement Date for each Site with respect to the Financed Improvements to be constructed thereon, the Lessee Lessee, at its own expense, shall at all times (a) maintain the Improvements and the Site such Leased Property in good operating condition and repaircondition, subject to ordinary wear and tear, and in any event in a manner consistent with other at least as good as the condition of similar facilities or buildings owned or leased by the Lessee Guarantor or its Subsidiaries and its Subsidiariesin good repair and condition; (b) subject to Section 9.5, maintain the Improvements and the Site such Leased Property in accordance with all Applicable Laws (including all Environmental Laws) and Regulations in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the such Leased Property or any part thereof; (ed) use such Leased Property only in accordance with Article X and cause such Leased Property to have at all times the Improvements capacity and the Site only functional ability to be used, on a continuing basis and in commercial operation, in accordance with Article X; (fe) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site such Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (ed), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including including, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (gf) procure, maintain and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance and operation of the Improvements and the Sitesuch Leased Property. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site such Leased Property or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property in good operating condition repair and repaircondition, and in good and efficient working order (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings restaurant units owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, in the same condition as on the Closing Date (subject to ordinary wear and tear), in accordance with prudent industry standards for first class office space, computer software and hardware research and development and light manufacturing and related purposes, and, in any event event, in no less a manner consistent with as other similar office, computer software and hardware research and development and light manufacturing facilities or buildings owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements make and the Site complete all Alterations in accordance with all Applicable Laws and Insurance Requirements, (including all Environmental Lawsc) in all material respects, maintain (whether or not such maintenance requires structural modifications; (c) maintain modifications or Alterations), operate and otherwise keep the Improvements Leased Property in compliance with all Applicable Laws and the Site in such a way that the Improvements Insurance Requirements, and the Site shall not constitute a danger to persons or things; (d) comply in make all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; (e) use the Improvements and the Site only in accordance with Article X; (f) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; (b) and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for c). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor or the Lessor Administrative Agent to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of Lessor or the Lessor Administrative Agent pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR NOR THE ADMINISTRATIVE AGENT SHALL BE LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor nor the Administrative Agent shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards for similar types of property located in the geographical area where such Leased Property is located and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Each Lessee, ------------------------------------------- at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing ----------- --- maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings office, warehouse and distribution centers, as the case may be, owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent, any Lease Participant or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent, any Lease Participant or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT, ANY LEASE PARTICIPANT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent, any Lease Participant nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At all times during each Site Term with respect to each Site on and after the Lease TermBase Term Commencement Date for each Site with respect to the Financed Improvements to be constructed thereon, the Lessee Lessee, at its own expense, shall at all times (a) maintain the Improvements and the Site such Leased Property in good operating condition and repaircondition, subject to ordinary wear and tear, and in any event in a manner consistent with other at least as good as the condition of similar facilities or buildings owned or leased by the Lessee Guarantor or its Subsidiaries and its Subsidiariesin good repair and condition; (b) subject to Section 9.5, maintain the Improvements and the Site such Leased Property in accordance with all Applicable Laws (including all Environmental Laws) and Regulations in all material respects, whether or not such maintenance requires structural modifications; (c) maintain the Improvements and the Site in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply in all material respects with the Insurance Requirements which are in effect at any time with respect to the such Leased Property or any part thereof; (ed) use the Improvements and the Site such Leased Property only in accordance with Article X below and cause such Leased Property to have at all times the capacity and functional ability to be used, on a continuing basis and in commercial operation, in accordance with such Article X; (fe) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site such Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (ed), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including including, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (gf) procure, maintain and comply in all material respects with all material licenses, permits, orders, approvals, consents consent and other authorizations required for the construction, use, maintenance and operation of the Improvements and the Sitesuch Leased Property. The Lessee waives any right that it may now have or hereafter acquire to (x) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site such Leased Property or (y) make repairs at the expense of the Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. At Each Lessee, at ------------------------------------------- its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing ----------- --- maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At The Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards for similar types of property located in the geographical area where the Leased Property is located and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain and operate and otherwise keep the Improvements and the Site Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). The Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require the Lessor Agent or any Funding Party to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER THE AGENT NOR ANY FUNDING PARTY SHALL BE LIABLE TO THE LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH THE LEASED PROPERTY OR ANY PART THEREOF. Neither the Agent nor any Funding Party shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Maintenance and Repair; Compliance With Law. At Each Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site each Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in no less a manner consistent with as other similar facilities or buildings property owned or leased by the such Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain the Improvements and the Site operate and otherwise keep each Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; with, all Applicable Laws and insurance requirements, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site each Leased Property or any part thereof which may be required to keep the Improvements and the Site such Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). Each Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of the Improvements and the Sitewhether any Leased Property is occupied or unoccupied. The Each Lessee waives any right that it may now have or hereafter acquire to (xi) require Lessor, the Lessor Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site any Leased Property or (yii) make repairs at the expense of Lessor, the Lessor Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER LESSOR, THE AGENT NOR ANY LENDER SHALL BE PERSONALLY LIABLE TO ANY LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH ANY LEASED PROPERTY OR ANY PART THEREOF. Neither Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace any Leased Property in any way.

Maintenance and Repair; Compliance With Law. At The ------------------------------------------- Lessee, at its own expense, shall at all times during the Lease Term, the Lessee shall (a) maintain the Improvements and the Site Leased Property leased by it in good operating repair and condition and repair, (subject to ordinary wear and tear), and in accordance with prudent industry standards and, in any event event, in a the same manner consistent with as other similar facilities or buildings property owned or leased by the Lessee and or its Subsidiaries; Affiliates, (b) subject to Section 9.5, maintain the Improvements and the Site make all Alterations in accordance with all Applicable Laws with, and maintain (including all Environmental Laws) in all material respects, whether or not such maintenance requires structural modifications; (cmodifications or Alterations) maintain and operate and otherwise keep the Improvements and the Site Leased Property in such a way that the Improvements and the Site shall not constitute a danger to persons or things; (d) comply compliance in all material respects with with, all Applicable Laws and requirements of the Insurance Requirements which are in effect at any time with respect to the Leased Property or any part thereof; Lessee's underwriters, and (e) use the Improvements and the Site only in accordance with Article X; (fc) make all necessary or appropriate material repairs, replacements and renewals of the Improvements and the Site Leased Property or any part thereof which may be required to keep the Improvements and the Site Leased Property in the condition required by the preceding clauses (a) through (e), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (g) procure, maintain and comply in all material respects with all licenses, permits, orders, approvals, consents and other authorizations required for b). The Lessee shall perform the construction, use, foregoing maintenance and operation obligations regardless of whether the Improvements and the SiteLeased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (xi) require the Lessor Lessor, the Agent or any Lender to maintain, repair, replace, alter, remove or rebuild all or any part of the Improvements or the Site Leased Property or (yii) make repairs at the expense of the Lessor Lessor, the Agent or any Lender pursuant to any Applicable Laws Law or other agreementsagreements or otherwise. NEITHER THE LESSOR (EXCEPT WITH RESPECT TO ANY LESSOR LIENS), THE AGENT NOR ANY LENDER SHALL BE LIABLE TO THE LESSEE OR TO ANY CONTRACTORS, SUBCONTRACTORS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS FOR SERVICES PERFORMED OR MATERIAL PROVIDED ON OR IN CONNECTION WITH THE LEASED PROPERTY OR ANY PART THEREOF. Neither the Lessor, the Agent nor any Lender shall be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.