Common use of Maintenance and Repair Clause in Contracts

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, 6.01. Tenant shall be deemed to have accepted solely responsible for the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expenseperformance of all maintenance, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenanceservice, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions portion of the Building, including the exterior walls it being understood and roof. agreed that Landlord shall not be liable for Tenant’s failure have no general duty (either to make such repairs Tenant or to third parties) to keep the Leased Property in good order and repair and that Landlord shall have no obligation to perform any maintenance. There shall be no abatement of Rent and no liability of Landlord by reason or pay for the cost of any injury such maintenance, service, repair or replacement except to or interference with Tenant’s business arising from the making extent expressly provided for in this Article 6. As long as this Lease is in full force and effect Landlord shall promptly upon request by Tenant reimburse Tenant for the cost of any repairsrepair or replacement of any heating, alterations ventilating and air-conditioning system or improvements in structural or to any other similar portion of the Building or Building system that becomes unusable such that the Premises or operation of Tenant's business for the purposes described in or Section 5.01 shall be materially impaired; PROVIDED, that written notice, given reasonably in advance considering the nature of the repair, shall have been provided to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord which notice shall provide Tenant with written notice of any such refusal or neglect set forth, in reasonable detail, the nature and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date scope of the notice. Notwithstanding repair and the foregoingestimated cost thereof and PROVIDED further, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not will be obligated to pay reimburse Tenant only to the extent reasonably necessary such that Tenant's business for the purposes described in Section 5.01 shall no longer be so materially impaired. Tenant agrees and acknowledges that Landlord's reimbursement obligation as set forth above is being undertaken by Landlord as an accommodation to Tenant due to the short-term nature of this Lease. Tenant agrees and acknowledges that it is Tenant's duty and obligation to inspect the Leased Property from time to time, to conduct day-to-day maintenance of the Leased Property and to perform any repairs and replacements that are required either for Tenant's operations or any interest thereon until for the dispute is finally determined; provided, that Tenant shall deposit health and safety of persons present at the disputed amount with the Landlord until the dispute is resolvedLeased Property.

Maintenance and Repair. A. Beginning on the Commencement Date of this Lease Agreement and except as otherwise provided herein, City and Lessee shall be responsible for maintenance and improvements to the Leased Premises as follows: (aI) Subject Lessee shall be responsible at its sole expense to Landlord’s limited obligations under subparagraph 6(a)maintain, by taking possession repair and replace any damage to the foundation, walls, roof or ceiling of the Leased Premises. City acknowledges, understands and agrees that Lessee shall be under no obligation for same beyond utilizing the proceeds of insurance coverage upon the structure of the Leased Premises, Tenant if any. Lessee shall notify City in writing of any substantial repair or replacement due to damage to the foundation, walls, roof or ceiling of the Leased Premises in accordance with the provisions of Section 15 of this Lease Agreement. (II) Lessee shall otherwise be responsible at its sole expense to maintain, repair and replace any damage to the Leased Premises including any equipment located thereof or therein, including lighting, fire suppression system, air conditioning and heating equipment, such that all buildings and equipment shall be deemed operational and in a safe, clean, structurally sound and watertight condition, such work to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including include without limitation, the maintenance, structural repair and replacement replacement, or reconstruction, as necessary, of any storefrontmechanical, doors, window casements, glazingelectrical, plumbing, pipesheating, electrical wiring air conditioning, landscape, parking areas and conduits, and the heating and air conditioning (“HVAC”) system. Tenant paving. B. Lessee shall obtain a service contract for repairs and maintenance take good care of the HVAC system Leased Premises and shall provide to Landlord a copy keep them free from waste, nuisance or damage, including damage from termites or other pests throughout the Term of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performancethis Lease Agreement. Tenant shall, upon At the expiration or sooner termination of this LeaseLease Agreement for any cause, surrender Lessee shall deliver the Leased Premises to Landlord City clean and free of trash and debris and in good repair and condition, broom cleanwith all equipment situated in the Leased Premises on the Commencement Date of this Lease Agreement, ordinary or replacements thereof, in good working order, reasonable wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject Tenant shall, throughout the Term hereof and at no expense whatsoever to Landlord’s limited obligations under subparagraph 6(a), by taking possession take good care of the Premises and the Building and other Improvements and structural components thereof now or hereafter erected thereon and shall not do or suffer any waste with respect thereto, and Tenant shall promptly make all repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Building and other Improvements (including, without limitation, the roof, mechanical, plumbing, electrical, and other Building systems) in good and lawful order and in at least as good condition as such premises are in on the Commencement Date but subject to reasonable wear and tear. When used in this Article, the term “repairs” shall include replacements, capital improvements or renewals when necessary. Tenant shall keep and maintain all portions of the Premises, in a clean and orderly condition, free of accumulation of water, dirt, rubbish, snow and ice, and Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of not permit or suffer any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance overloading of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions floors of the Building, including the exterior walls and roof. Landlord shall not be liable responsible for Tenant’s failure to make such repairs or to perform any maintenance. There shall be no abatement of Rent and no liability of Landlord by reason the cost of any injury alterations of or repairs to or interference with Tenant’s business arising from the making Premises of any repairsnature whatsoever, alterations structural or improvements otherwise, whether or not now in or to any portion the contemplation of the Building or parties. To the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any extent not prohibited by law, Tenant hereby waives and releases all rights now or hereinafter conferred by statute or ordinance now otherwise which would have the effect of limiting or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain modifying any of the Premisesprovisions of this Section 6.3. In addition, as required herein, the provisions of this Section 6.3 are subject to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business limitations imposed by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedArticle VII below.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted promptly throughout the Premises as being in good order, condition and repair. Tenant shall, term of this Lease at Tenant’s sole 's cost and expense, keep take good care of and maintain the Leased Premises and every part thereof all roadways, sidewalks, curbs and trackage rights, if any (to the extent the same are subject to Tenant's control) on, adjacent and appurtenant thereto, in good condition order and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of promptly remove all accumulated snow, ice and debris from any and all scheduled roadways, sidewalks, and curbs located upon or appurtenant to the Leased Premises and from any and all other repairs sidewalks and maintenance performed on curbs adjacent to the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of TenantLeased Premises. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair not commit or suffer to be committed any waste upon or about the Leased Premises, and maintain shall promptly at its cost and expense, make all necessary replacements, restorations, renewals and repairs to the Leased Premises and appurtenances thereto, whether interior or exterior, structural portions or non-structural, ordinary or extraordinary, and foreseen or unforeseen ordinary wear and tear excepted. Repairs, restorations, renewals and replacements shall, to the extent possible, be at least equivalent in quality to the original work or the property replaced, as the case may be. Tenant shall not make any claim or demand upon or bring any action against the Landlord for any loss, cost, injury, damage or other expense caused by any failure or defect, structural or non-structural of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Leased Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectpart thereof. (c) If Tenant refuses Landlord shall not under any circumstances be required to build any improvements on the Leased Premises, or neglects to repair make any repairs, replacements, alterations or renewals of any nature or description to the Leased Premises or to any of the Improvements, whether interior or exterior, ordinary or extraordinary, structural or non-structural foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the PremisesLeased Premises in any way. Tenant hereby waives the right to make repairs, as required hereinreplacements, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal renewals or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest restorations at the rate expense of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed Landlord pursuant to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLaws.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep maintain the Premises and every part all buildings and improvements thereon (interior and exterior, structural and otherwise) in good order and repair and, subject to the provisions of paragraph 4(a) with respect to damage within the last twenty-four (24) months of the Lease, and paragraph 6 herein, return the Premises and all buildings and improvements thereon at the expiration of the term of this Lease or any extension thereof in as reasonably as good condition as when received, ordinary wear and tear excepted. (b) Tenant agrees that Landlord shall have no obligation under this Lease to make any repairs or replacements (including the replacement of obsolete components) to the Premises or the buildings or improvements thereon, or any alteration, addition, change, substitution or improvement thereof or thereto, whether structural or otherwise. The terms "repair, including without limitation, " and "replacement" include the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance portions of the HVAC system Premises which have outlived their useful life during the term of the Lease (or any extensions thereof). Landlord and Tenant intend that the rent received by Landlord shall provide be free and clear of any expense to Landlord a copy for the construction, care, maintenance (including common area maintenance charges and charges accruing under easements or other agreements relating to the Premises), operation, repair, replacement, alteration, addition, change, substitution and improvement of or to the service contract along with written details of Premises and any building and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performanceimprovement thereon. Tenant shall, upon Upon the expiration or sooner earlier termination of this Lease, surrender the Premises Tenant shall remain responsible for, and shall pay to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24Landlord, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and cost, charge or expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, for which Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable is otherwise responsible for Tenant’s failure to make such repairs or to perform any maintenance. 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 hereunder attributable to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. period (cprorated on a daily basis) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, prior to the reasonable satisfaction expiration or earlier termination of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedthis Lease.

Maintenance and Repair. 9.1.1 Lessee, at its expense, will keep the Leased Properties and all fixtures thereon and all landscaping, private roadways, sidewalks and curbs appurtenant thereto and which are under Lessee’s control and Lessee’s Personal Property in good order and repair (a) Subject to Landlordwhether or not the need for such repairs occurs as a result of Lessee’s limited obligations under subparagraph 6(a)use, by taking possession the elements or the age of the PremisesLeased Properties or any portion thereof, Tenant shall be deemed to have accepted or any cause whatever except the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement failure of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure Lessor to make such repairs any payment or to perform any maintenance. There shall be no abatement act expressly required under this Master Lease or any willful misconduct of Rent Lessor), and, except as otherwise provided in Article XIV, with reasonable promptness, make all necessary and no liability appropriate repairs thereto of Landlord every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition whether or not existing prior to the commencement of the Term (concealed or otherwise). Lessee shall not make any injury changes or alterations to any Leased Property, except as permitted pursuant to Article X. 9.1.2 Lessee shall do or interference cause others to do all shoring of any Leased Property or adjoining property (whether or not owned by Lessor) or of the foundations and walls of the Leased Improvements, and every other act necessary or appropriate for the preservation and safety thereof, by reason of or in connection with Tenant’s business arising from any subsidence, settling or excavation or other building operation upon any of the making Leased Properties or adjoining property, whether or not Lessor shall, by any Legal Requirements, be required to take such action or be liable for the failure to do so. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work, and, subject to the provisions of paragraph 9.1.6, where, by reason of age or condition, such repairs cannot be made to the quality of the original work, the property to be repaired shall be replaced. 9.1.3 It is the intention of these provisions that the level of maintenance of the Leased Properties shall be not less than the standard applied by Lessee in its operation of other similar licensed health care facilities it owns and/or operates. At all times Lessee shall maintain, operate and otherwise manage the Leased Properties on a quality basis and in a manner consistent with the standards of other facilities in the market area for the Leased Properties. 9.1.4 Lessor shall not under any circumstances be required to build or rebuild any improvements on any Leased Property, or to make any repairs, alterations replacements, alterations, restorations or improvements in renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or upon any adjoining property, whether to provide lateral or other support for any Leased Property or axxxx a nuisance affecting any Leased Property, or otherwise, or to make any portion of the Building or the Premises or expenditure whatsoever with respect thereto, in connection with this Master Lease, or to fixturesmaintain any Leased Property in any way. Lessee hereby waives, appurtenances and equipment therein. Tenant waives any to the extent permitted by law, the right to make repairs at Landlord’s the expense of Lessor pursuant to any law in effect at the time of the execution of this Master Lease or hereafter enacted. 9.1.5 Nothing contained in this Master Lease, and no action or inaction by Lessor, shall be construed for the benefit of any contractor, subcontractor, laborer, materialman or vendor as (i) constituting the consent or request of Lessor, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to any Leased Property or any part thereof, or (ii) subject to the provisions of Section 12.1 , giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in any Leased Property, or any portion thereof. Lessor shall have the right to give, record and post, as appropriate, notices of non-responsibility under any law, statute or ordinance mechanics’ lien laws now or hereafter in effectexisting. 9.1.6 Lessee shall, from time to time, replace with other operational equipment or parts or property (cthe “Replacement Property”) If Tenant refuses any of the Fixtures or neglects to repair Lessor’s Personal Property (the “Replaced Property”) which shall have (i) become worn out, obsolete or maintain unusable for the Premisespurpose for which it is intended, as required herein(ii) been taken by Condemnation, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the which event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord Lessee shall be entitled to utilize all that portion of its remedies herein and such amount shall bear interest at the rate of eighteen percent any Award made therefor, or (18%iii) per annum from the date of the notice. Notwithstanding the foregoingbeen lost, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair stolen, damaged or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determineddestroyed; provided, however, that Tenant the Replacement Property shall deposit (1) be in good operating condition, (2) have a then value (as adjusted for inflation) and useful life at least equal to the disputed amount with value and estimated useful life of the Landlord until Replaced Property as of the dispute is resolved.date hereof for Replaced Property specified in Subparagraph 9.1.6(i), or have a value and useful life at least equal to the value and estimated useful life of the Replaced Property immediately prior to the time that the Replaced Property specified in Subparagraphs 9.1.6 (ii) and 9.1.6

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, Lessee at Tenant’s sole Lessee's own cost and expense, shall keep the Premises Property in good repair, condition, and every working order. Lessee shall not remove, alter, disfigure, or cover up any numbering, lettering or insignia displayed on the property, and shall see that the Property is not subjected to careless or needlessly rough usage. SECTION EIGHT LESSOR'S RIGHT OF INSPECTION Lessor, at all times during business hours, shall have the right to enter on the premises where the Property may be located for the purpose of inspecting it or observing its use. Lessee shall give Lessor immediate notice of any attachment or other judicial process affecting the property and, whenever requested by Lessor, shall advise Lessor of the exact location of the Property. SECTION NINE RETURN OF PROPERTY On expiration or earlier termination of this Lease, Lessee shall return the Property to Lessor in good repair, ordinary wear and tear resulting from proper use alone excepted, in the following manner or as may be specified by Lessor: (a) By delivering the Property at Lessee's expense to such place as Lessor shall specify within the county in which the Property was delivered to Lessee or to which the Property was removed with the written consent of Lessor; or (b) By loading the Property at Lessee's cost on board such carrier as Lessee shall specify and shipping the Property, freight collect, to the destination designated by Lessor. Such conditions for return of the Property are subject to Lessee's option to purchase it as set forth below. SECTION TEN LESSEE'S OPTION TO PURCHASE Lessor grants to Lessee the option to purchase the Property at the end of the term of this Lease, provided that Lessee gives notice to Lessor, in writing, of Lessee's intention to exercise the option at least ninety (90) days prior to expiration of this Lease, and provided further that Lessee completely performs all terms and provisions of this Lease on Lessee's part thereof to be performed, including timely and full payment of the Lease payments and other amounts due under this Lease. Should Lessee exercise the option to purchase, all of the Lease payments paid shall be applied to the purchase price of the Property and, on receipt of the balance of the purchase price by Lessor, together with a sum equal to any new or applicable unpaid sales and use taxes, Lessor will transfer title to the Property to Lessee, and will deliver, on Lessee's written request, written evidence of the transfer of such title. The option purchase price is the sum of One Dollar ($1.00). (a) Lessee has entered into a contract with Barrick Corporation under which Barrick will acquire all of the gaming and gaming related equipment of Lessee. Lessor does not consent to Xxxxxxx'x assumption of this Lease. Lessor does consent to Lessee purchasing the equipment listed on Exhibit A prior to the expiration of this Lease, when and only if, Barrick completes the purchase of Lessee's business assets. The parties agree that the method of payment will be an increased purchase price to Barrick for the business assets, which purchase will then include the equipment free and clear of this Lease. The purchase price of the Exhibit A equipment shall be the remaining amounts due Lessor under this Lease, excluding interest not yet accrued. This sale shall be without warranty or representation including MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, the equipment being sold "AS-IS." SECTION ELEVEN DELIVERY AND ACCEPTANCE OF PROPERTY Lessee shall inspect the Property within twenty-four (24) hours after it is delivered to Lessee. Unless Lessee, within ten (10) days, gives written notice to Lessor specifying any defect in or other proper objection to the Property, Lessee agrees it shall be conclusively presumed, as between Lessor and Lessee that Lessee has fully inspected and acknowledged the Property to be in good condition and repair, including without limitation, and that Lessee is satisfied with and has accepted the maintenance, repair Property in such good condition and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantrepair. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Except as otherwise provided in this Article and Articles 12 and 13, by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being keep and maintain in good orderorder and repair (in accordance with standards of office buildings of similar age, condition and repair. Tenant shallcharacter in Boston, at Tenant’s sole cost Massachusetts) the Common Facilities and expensestructural portions of the Building including but not limited to the roof, keep exterior walls, floor slabs, columns, elevators, public stairways and corridors, lavatories and common utility systems and equipment external to the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement (specifically excluding any such equipment installed by or on behalf of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) systemTenant). Tenant Landlord’s obligations hereunder shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary exclude reasonable wear and tear and damage subject by fire or other casualty. Tenant shall make all other repairs necessary to Paragraph 24 maintain the Premises in good order and repair, including, without limitation, all glass, doors and all utility systems and equipment serving the Premises exclusively and Tenant shall return the Premises to Landlord at the end of the Term in good condition, reasonable wear and tear and damage by fire or other casualty excepted. Except Tenant shall also be responsible for damage subject the cost of any repairs to Paragraph 24the Premises or the Building (to the extent not reimbursed by insurance proceeds), any damage caused by which repairs may be structural or non-structural in nature, necessitated as the result of the negligence or fault of Tenant or Tenant’s use subtenants, licensees, concessionaires, employees, agents, contractors or anyone else claiming by, through or under Tenant (hereinafter “Tenant’s Agents”) Tenant shall keep the interior of the Premises neat and in good order, repair and condition, shall keep all interior glass in good condition and shall replace any exterior glass broken by Tenant or Tenant’s Agents with glass of the same quality. All repairs made by either Landlord or Tenant shall be repaired at the sole cost done in a good and expense of Tenantworkmanlike manner in accordance with all applicable laws. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)LANDLORD shall keep the foundation, by taking possession outer walls, roof and structural components of the PremisesBuilding, Tenant including its doors, door frames, door checks, and windows, in good repair as a Class A building. LANDLORD shall also be deemed responsible for all maintenance and repair to have accepted the Common Areas, including parking lot and landscaping, structural components and mechanical systems of the Building, including heating, plumbing and air conditioning equipment; provided, however the LANDLORD shall not be responsible for the expense of repair of damages caused by the acts or negligence of TENANT or its employees or invitees. LANDLORD shall keep the Common Areas in a clean, sanitary and attractive condition. TENANT shall notify LANDLORD of any repairs which are the responsibility of the LANDLORD to perform. Except as expressly required elsewhere in this Lease, LANDLORD shall not be called upon to make any other improvements or repairs of any kind upon the Leased Premises as being and the Leased Premises and appurtenances shall at all times be kept in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitscondition, and repair by TENANT, and shall also be kept in a clean, sanitary, and safe condition in accordance with the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance laws of the HVAC system State of Michigan, and shall provide to Landlord a copy in accordance with all directions, rules and regulations of the service contract along with written details of any and all scheduled and health officer, fire marshal, building inspector or other repairs and maintenance performed on the HVAC system within ten (10) days proper officers of the date of such performance. Tenant shallgovernmental agencies having jurisdiction, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) aboveTENANT, Tenant and TENANT shall repair and maintain the structural portions comply with all said requirements of the Buildinglaw, including ordinances and otherwise affecting the exterior walls Leased Premises. TENANT shall permit no waste, damage or injury to the Leased Premises, and roofTENANT shall at its own cost and expense replace any glass windows, doors, door hardware and frames in the Leased Premises which may be broken by TENANT or its employees or invitees. Landlord At the expiration of the tenancy created hereunder, TENANT shall not be liable for Tenant’s failure to make such repairs surrender the Leased Premises in as good condition as when taken, reasonable wear and tear, loss by fire or to perform any maintenanceother unavoidable casualty excepted. There Notwithstanding anything in this paragraph contained, there shall be no abatement obligation on the part of Rent and no liability of Landlord by reason of TENANT to comply with 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 Building laws, directions, rules and regulations referred to which may require structural alterations, structural repairs or the Premises structural additions, unless made necessary by act or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business work performed by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoingTENANT, in the which event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant TENANT shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedcomply at its expense.

Maintenance and Repair. (a) Subject Tenant shall at all times from and after the Closing Date, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations, parking areas, driveways and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Closing Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to Landlord’s limited obligations under subparagraph 6(abe made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Section 11(a). Tenant shall do, or cause others to do, all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by taking possession reason of or in connection with any excavation or other building operation upon the Leased Premises, Tenant whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to have accepted the Premises as preclude Tenant from being in good order, condition entitled to insurance proceeds or condemnation awards for Restoration pursuant to Sections 13(c) and repair14(g). Tenant shall, at Tenant’s sole cost and expensein all events, keep the Premises and every part thereof make all repairs for which it is responsible hereunder promptly (but in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning event shall commence such repairs within thirty (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (1030) days of the date Tenant becomes aware that such repairs are necessary, or, in the event of such performance. Tenant shalla Restoration pursuant to Section 13(c) or 14(g), upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use within thirty (30) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be repaired at the sole cost made in a good, proper and expense of Tenantworkmanlike manner. (b) Except as specifically provided in subparagraph 6(aIn the event that any Improvement shall violate any Legal Requirements or Insurance Requirements, then Tenant, at the written request of Landlord, shall either (i) aboveobtain valid and effective variances, waivers or settlements of all claims, liabilities and damages resulting from each such violation, whether the same shall affect Landlord, Tenant shall repair and maintain or both (or in the structural portions case of the Buildinga violation of Insurance Requirements, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make obtain new coverage where there is no violation of any Insurance Requirements), or (ii) take such repairs or to perform any maintenance. There action as shall be no abatement of Rent and no liability of Landlord by reason of any injury necessary to or interference with Tenant’s business arising from remove such violation, including, if necessary, the making of any repairs, alterations an Alteration. Any such repair or improvements Alteration shall be made in or to any portion conformity with the provisions of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectSection 12. (c) If Tenant refuses or neglects to repair or maintain shall be in default under any of the Premises, as required herein, to the reasonable satisfaction provisions of Landlordthis Section 11, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within may, thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to after Tenant’s merchandise, fixtures or other property receipt of written notice of default and failure of Tenant to commence to cure during such period or to diligently pursue such cure to completion, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of, and at the expense of, Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, emergency Landlord shall be entitled notify Tenant of the situation by phone or other available communication and shall give Tenant as much time as is reasonably practicable (not to utilize exceed thirty (30) days) before acting independently to cure such default. All reasonable sums so paid by Landlord and all of its remedies herein reasonable out-of-pocket costs and such amount shall bear expenses (including, without limitation, attorneys’ fees and expenses) so incurred, together with interest thereon at the rate of eighteen percent (18%) per annum Default Rate from the date of payment or incurring the notice. Notwithstanding expense, shall constitute Additional Rent payable by Tenant under this Lease. (d) Tenant shall from time to time replace with Replacement Equipment any of the foregoingEquipment that shall have become, in Tenant’s commercially reasonable judgment , worn out or unusable for the event that purpose for which it is intended, been taken by a Condemnation as provided in Section 13, or been lost, stolen, damaged or destroyed as provided in Section 14. Tenant in good faith disputes shall repair at its sole cost and expense all damage to the Leased Premises caused by the removal of Equipment or other personal property of Tenant or the installation of Replacement Equipment. All Replacement Equipment (except for Trade Fixtures) shall become the property of Landlord’s claim that Tenant has failed to repair or maintain any aspect , shall be free and clear of all Liens and rights of others and shall become a part of the Premises, then Equipment as if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedoriginally demised herein.

Maintenance and Repair. (a) Subject to LandlordThe State’s limited obligations under subparagraph 6(a)Responsibilities: During the Term of this Lease, by taking possession of and any renewal, extension or holdover thereof, the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant State shall, at Tenant’s its sole cost and expense, keep furnish, and/or contract for the following: (i) Pest control services for the Plaza and the Demised Premises and every part thereof in good condition and repair, including without limitation, that minimize the maintenance, repair and replacement use of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitstoxic pesticides, and provide for an on-going, practical, least-toxic approach to preventing and/or treating pest infestation and comply with the heating requirements set forth at: xxxxx://xxx.xxx.xx.xxx/greenny/pest-management-indoor-spaces and air conditioning xxxxx://xxx.xxx.xx.xxx/greenny/pest-management-outdoor-spaces; and (“HVAC”ii) system. Tenant shall obtain a service contract A designated trash collection area for repairs and maintenance the disposal of the HVAC system Lessee’s trash and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantremoval thereof. (b) Except as specifically provided in subparagraph 6(aThe Lessee’s Responsibilities: During the Term of this Lease, and any extension or holdover thereof, the Lessee shall, at its sole cost and expense, furnish, and/or contract for: (i) above, Tenant shall repair and maintain the structural portions The thorough cleaning of all areas of the BuildingDemised Premises available for the Use, including as that term is defined in Section 4 of this Lease, by the exterior Lessee and its employees, inclusive of floors, walls and roofceilings. Landlord shall not In addition, the said areas, furnishings and appurtenances are to be liable for Tenant’s failure to make such repairs or to perform any maintenancespot cleaned, as needed, during Normal Business Hours, as that term is defined in Section 14 of this Lease. There The Lessee shall be no abatement solely responsible for supplying all cleaning equipment, materials and supplies needed to properly maintain and clean the Demised Premises as that term is defined in Section 3 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premisesthis Lease, as required hereinby the requirements of Schedule A of this Lease. The State may amend Schedule A of this Lease, upon notice to the Lessee, in compliance with Section 16 of this Lease, and, upon such amendment, the terms and conditions of this Lease shall apply to the amended Schedule A as if it was an original part of this Lease. Should the Lessee fail or refuse to clean the Demised Premises to the reasonable satisfaction of Landlordthe State, Landlord the Parties hereto agree that the State shall provide Tenant with written be authorized and empowered, after two (2) Business Days, as that term is defined in Section 1(a) of this Lease, notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue Lessee, in compliance with Section 16 of this Lease, and the Lessee’s subsequent failure to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten cure (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, except in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed of an emergency, where no notice and cure period shall be provided), to repair or maintain any aspect cause the Demised Premises to be properly cleaned, charging the Lessee, who shall be solely liable therefor, one hundred fifty percent (150%) of the expenses incurred for such service, as liquidated damages and not a penalty. Governor Xxxxxxxx’x Executive Order 4 (hereinafter referred to as “EO-4”), which was continued by Governor Xxxxxx’s Executive Order 6, directs all State agencies and authorities to purchase green products and promote sustainability. EO-4, a copy of which is annexed hereto as Exhibit 2, directs State agencies and authorities to develop and implement specific projects, programs and policies designed to reduce the public health and environmental impacts of the activities and operations of the agency or authority, including: the reduction or elimination of the use and generation of toxic substances, pollution and waste; the reduction, reuse, recycling and composting of solid waste; and maximizing the use of environmentally preferable or “green” commodities, services and technology. In an effort to assist State agencies and authorities in complying with these directives, the New York Interagency Committee on Sustainability and Green Procurement has approved specifications for Pre-Packaged Snowmelt and Deicing Products, Trash Bags, Janitorial Paper Products, Solid Waste Recycling and Management Services, Disinfectants and Sanitizers, General Purpose Cleaners and Hand Cleaners, Hand Soaps, Consumer Antiseptic Hand Washes and Hand Rubs, and Personal Care Cleansing Products. These specifications, along with other approved specifications, can be found at: xxxxx://xxx.xx.xxx/greenny-purchasing- requirements-and-tools#approved-eo-4-specifications. In order to comply with these directives, the Lessee has agreed to make careful selection of effective janitorial cleaning products and equipment that reduce or eliminate the health and environmental risks from the use or release of toxic substances and minimize the risks of the discharge of pollutants into the environment. In addition, EO-4 requires State agencies and authorities, to the maximum extent practicable, to purchase janitorial paper and other paper supplies, including, but not limited to, bathroom tissue and paper towels that are processed chlorine-free and composed of 100% post-consumer recycled content. EO-4 also requires State agencies and authorities, to the extent practicable, to implement effective programs to source separate recyclable materials, including paper, metal, glass and plastic, that will maximize materials recovery and reduce waste. The Lessee agrees to work to meet these requirements by, to the maximum extent practicable, making careful selection of janitorial paper and other paper supplies including, but not limited to, bathroom tissue and paper towels, in order to use products that are composed of 100% post-consumer recycled content and shall be processed chlorine-free. Additional information on these requirements and EO-4 are available through OGS upon request. The Lessee acknowledges an understanding of these State policies and pledges to cooperate with the State in their implementation. (ii) The Lessee shall regularly monitor, and promptly pick up trash in the Demised Premises. The Lessee shall furnish trash collection equipment in the Demised Premises adequate for the Use and shall promptly, as needed, but no less than at the end of the Business Day, as that term is defined in Section 1(a) of this Lease, remove all garbage, debris, and trash from the interior of the Demised Premises, then if Landlord makes any repairsat its own expense, Tenant and deliver the same to the designated trash collection area. The State and the Lessee shall not also comply with local recycling laws enacted under General Municipal Law § 120-aa, requiring that solid waste be obligated separated into recyclable, reusable or other components as well as OGS source-separation guidelines; and (iii) The enforcement of a no smoking policy in the Demised Premises and adherence to pay for State smoking policies in other areas of the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedPlaza.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted Lessee acknowledges that it has received the Premises as being in good order, condition order and repair. Tenant shallLessee, at Tenant’s sole cost and its own expense, keep will maintain all parts of the Premises and every part thereof in good repair and condition and repairwill take all action and will make all structural and nonstructural, including foreseen and unforeseen and ordinary and extraordinary changes and repairs that may be required to keep all parts of the Premises in good repair and condition (including, without limitation, the maintenanceall painting, repair and replacement of any storefrontglass, doorsutilities, window casements, glazing, plumbing, pipes, electrical wiring and conduits, fixtures and the equipment, foundation, roof, exterior walls, heating and air conditioning (“HVAC”) systemsystems, wiring, plumbing, sprinkler systems and other utilities, and all paving, sidewalks, roads, parking areas, curbs and gutters and fences). Tenant Lessor shall obtain a service contract for repairs and maintenance not be required to maintain, repair or rebuild all or any part of the HVAC system and shall provide Premises. Lessee waives the right to Landlord a copy of the service contract along with written details of require Lessor to maintain, repair or rebuild all or any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use part of the Premises shall be repaired or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirement, agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the Replacement of or major repairs to all structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There mechanical systems shall be no abatement of Rent undertaken by Lessee at its sole cost and no liability of Landlord expense. Such replacements shall be made pursuant to and in accordance with plans and specifications approved in advance by reason of any injury Lessor as required for Major Alterations, such approval not to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectbe unreasonably withheld. (c) If Tenant refuses or neglects Lessee shall have the benefit of, and the right to repair or maintain enforce, all builders' and manufacturers' warranties issued for the Premises, benefit of the Premises so long as required herein, Lessee is not in default under the terms of this Lease and all costs of Lessor's cooperation are borne by Lessee. Lessor agrees to promptly cooperate with Lessee to the reasonable satisfaction extent necessary or desirable to enforce the provisions of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedwarranties.

Maintenance and Repair. (a) Subject Tenant shall maintain all of the Facilities in good and safe condition and shall keep the Roof Area and any and all Raceways and utility rooms used by Tenant free and clear of debris, clutter, unused cabling, conduit, equipment and tools belonging to Tenant. (b) If Landlord reasonably determines that any of the Facilities are not being maintained in the condition required by this License, and without limiting Landlord’s other rights and remedies under this License, Landlord shall have the right, if Tenant fails to remedy the condition(s) identified by Landlord to the reasonable satisfaction of Landlord within five (5) business days of receipt (or evidence of attempted delivery) of such notice, to take such action, at Tenant’s expense, as Landlord deems reasonably necessary to restore the Facilities to the condition required by this License. Tenant shall pay to Landlord, on demand, Landlord’s limited obligations under subparagraph 6(areasonable costs and expenses incurred pursuant to this paragraph. (c) Tenant acknowledges that Landlord may decide, in its sole discretion, from time to time, to repair or replace the Roof (“Roof Repairs”), by taking possession of the Premises. If Landlord elects to make Roof Repairs, Tenant shall, upon Landlord’s request, temporarily remove the Equipment so that the Roof Repairs may be completed. The cost of removing and reinstalling the Equipment shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shallpaid by Tenant, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandisedamages, fixtures lost profits or other property costs or to Tenant’s business expenses incurred by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In as the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date result of the noticeRoof Repairs. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed Landlord will reasonably try to repair or maintain minimize any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount such interference with the Landlord until the dispute is resolvedFacilities.

Maintenance and Repair. A. COMPANY shall maintain and repair the ANTENNA FACILITY, at no cost to CITY (aexcept as specifically provided otherwise in this AGREEMENT) Subject and to LandlordCITY’s limited obligations under subparagraph 6(a)reasonable satisfaction, by taking possession any and all damage to the PROPERTY or the LICENSED AREAS that may result from any relocation or removal of an ANTENNA FACILITY or COMPANY’s exercise of any of the Premisesrights and privileges hereby granted, Tenant including, without limitation, damage to any walls, floors, ceilings, doors or electrical system in the PROPERTY or the LICENSED AREAS. Upon removal of the ANTENNA FACILITY and termination of this AGREEMENT, COMPANY shall be deemed restore the affected areas of the PROPERTY to have accepted the Premises at least as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repairrepair as before COMPANY’s use thereof, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract except for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenanttear. B. COMPANY agrees to and shall: (b1) Except as specifically provided shall keep each ANTENNA FACILITY and the LICENSED AREAS in subparagraph 6(aneat, clean and orderly condition at all times; (2) abovenot cause rubbish, Tenant shall repair and maintain garbage or debris to accumulate or remain on or around the structural portions ANTENNA FACILITY, LICENSED AREAS or PROPERTY at any time; (3) not commit, suffer or allow any acts to be done at or around each ANTENNA FACILITY, LICENSED AREAS or PROPERTY in violation of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute regulation, permit or ordinance now rule; and, (4) not use or hereafter in effectallow the use of an ANTENNA FACILITY, LICENSED AREAS or PROPERTY for any illegal or immoral purpose. (c) If Tenant refuses or neglects C. COMPANY shall xxxx cabling every 18 inches with identifying ownership markings and identify the antenna with similar ownership markings. D. Prior to repair or maintain the Premises, as required herein, installation COMPANY shall submit plans and specifications to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of CITY for approval any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedproposed cable runs.

Maintenance and Repair. (a) Subject Except for any Alterations that Tenant is permitted to Landlord’s limited obligations under subparagraph 6(amake pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by taking possession reason of or in connection with any excavation or other building operation upon any of the Leased Premises, Tenant whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to have accepted the Premises as preclude Tenant from being in good order, condition entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and repair14(g). Tenant shall, at Tenant’s sole cost and expensein all events, keep make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the Premises and every part thereof date Tenant becomes aware that such repairs are necessary, or, in good condition and repairthe event of a Restoration pursuant to Paragraph 13(c) or 14(g), including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning within sixty (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (1060) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such performancepayment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear hereby waives and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code, or under any similar law, statute statute, or ordinance now or hereafter in effect. (b) In the event that any Improvement shall violate any Legal Requirements or Insurance Requirements, then Tenant, at the request of Landlord, shall either (i) obtain valid and effective variances, waivers or settlements of all claims, liabilities and damages resulting from each such violation, whether the same shall affect Landlord, Tenant or both (or in the case of a violation of Insurance Requirements, obtain new coverage where there is no violation of any Insurance Requirements), or (ii) take such action as shall be necessary to remove such violation, including, if necessary, the making of an Alteration. Any such repair or Alteration shall be made in conformity with the provisions of Paragraph 12. (c) If Tenant refuses or neglects to repair or maintain shall be in default under any of the Premises, as required herein, to the reasonable satisfaction provisions of Landlordthis Paragraph 11, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within may, thirty (30) days thereafter. If after Xxxxxx’s receipt of written notice of default and failure of Tenant has not made to commence to cure during such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property period or to diligently pursue such cure to completion, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of, and at the expense of, Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, emergency Landlord shall be entitled notify Tenant of the situation by phone or other available communication and shall give Tenant as much time as is reasonably practicable before acting independently to utilize cure such default. All reasonable sums so paid by Landlord and all of its remedies herein reasonable costs and such amount shall bear expenses (including, without limitation, attorneys’ fees and expenses) so incurred, together with interest thereon at the rate of eighteen percent (18%) per annum Default Rate from the date of payment or incurring the noticeexpense, shall constitute Additional Rent payable by Tenant under this Lease on demand. (d) Tenant shall repair at its sole cost and expense all damage to the Leased Premises caused by Tenant’s removal of Equipment or other personal property of Tenant or the installation of Replacement Equipment. Notwithstanding All Replacement Equipment (except for Trade Fixtures) shall become the foregoingproperty of Landlord, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect shall be free and clear of all Liens and rights of others and shall become a part of the Premises, then Equipment as if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedoriginally demised herein.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, Lessee at Tenant’s sole Lessee's own cost and expense, shall keep the Premises and every part thereof Property in good condition and repair, including without limitationcondition, and working order. Lessee shall not remove, alter, disfigure, or cover up any numbering, lettering or insignia displayed on the maintenanceproperty, repair and replacement shall see that the Property is not subjected to careless or needlessly rough usage. SECTION EIGHT LESSOR'S RIGHT OF INSPECTION Lessor, at all times during business hours, shall have the right to enter on the premises where the Property may be located for the purpose of inspecting it or observing its use. Lessee shall give Lessor immediate notice of any storefrontattachment or other judicial process affecting the property and, doorswhenever requested by Lessor, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance advise Lessor of the HVAC system and shall provide to Landlord a copy exact location of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performanceProperty. Tenant shall, upon the SECTION NINE RETURN OF PROPERTY On expiration or sooner earlier termination of this Lease, surrender Lessee shall return the Premises Property to Landlord Lessor in good condition, broom cleanrepair, ordinary wear and tear and damage subject resulting from proper use alone excepted, in the following manner or as may be specified by Lessor: (a) By delivering the Property at Lessee's expense to Paragraph 24 excepted. Except for damage subject such place as Lessor shall specify within the county in which the Property was delivered to Paragraph 24, any damage caused by Tenant’s use Lessee or to which the Property was removed with the written consent of the Premises shall be repaired at the sole cost and expense of Tenant.Lessor; or (b) Except By loading the Property at Lessee's cost on board such carrier as specifically provided in subparagraph 6(a) aboveLessee shall specify and shipping the Property, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereinfreight collect, to the reasonable satisfaction destination designated by Lessor. Such conditions for return of Landlordthe Property are subject to Lessee's option to purchase it as set forth below. SECTION TEN LESSEE'S OPTION TO PURCHASE Lessor grants to Lessee the option to purchase the Property at the end of the term of this Lease, Landlord shall provide Tenant with written provided that Lessee gives notice to Lessor, in writing, of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty Lessee's intention to exercise the option at least ninety (3090) days thereafterprior to expiration of this Lease, and provided further that Lessee completely performs all terms and provisions of this Lease on Lessee's part to be performed, including timely and full payment of the Lease payments and other amounts due under this Lease. If Tenant has not made such repairs within Should Lessee exercise the 30-day periodoption to purchase, Landlord may make such repairs without liability all of the Lease payments paid shall be applied to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof purchase price of the Property and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date on receipt of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect balance of the Premisespurchase price by Lessor, then if Landlord makes together with a sum equal to any repairsnew or applicable unpaid sales and use taxes, Tenant shall not be obligated Lessor will transfer title to pay for the repairs or any interest thereon until Property to Lessee, and will deliver, on Lessee's written request, written evidence of the dispute transfer of such title. The option purchase price is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedsum of One Dollar ($1.00).

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Lessee, by taking possession at its own expense, will maintain all parts of the PremisesPremises in good repair, Tenant shall appearance and condition and will take all action and will make all structural and nonstructural, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be deemed required to have accepted keep all parts of the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefrontcondition (including, doorsbut not limited to, window casementsall painting, glazingglass, utilities, conduits, fixtures and equipment, foundation, roof, exterior walls, heating and air conditioning systems, wiring, plumbing, pipessprinkler systems and other utilities, electrical wiring and conduitsall paving, sidewalks, roads, parking areas, curbs and gutters and fences). Lessee, at its own expense, will retain an independent consultant reasonably approved by Lessor to conduct annual inspections of the roof and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use systems of the Premises and to provide Lessee and Lessor with a written report of its findings. Lessee shall promptly cause a licensed contractor to perform any recommended or necessary repairs or maintenance measures reflected in such report. Lessor, its contractors, subcontractors, servants, employees and agents, shall have the right to enter upon the Premises with prior notice (except in the event of an emergency, in which case no notice shall be repaired required) to inspect same to ensure that all parts of the Premises are maintained in as good repair and condition as when received, and Lessee shall not be entitled to any abatement or reduction in rent by reason thereof. Lessor shall not be required to maintain, repair or rebuild all or any part of the Premises. Lessee waives the right to require Lessor to maintain, repair or rebuild all or any part of the Premises or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirements, agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions If all or any part of the BuildingImprovements shall encroach upon any property, including street or right-of-way adjoining or adjacent to the exterior walls and roof. Landlord Premises, or shall not be liable for Tenant’s failure to make such repairs violate the agreements or to perform any maintenance. 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 Building or conditions affecting the Premises or in any part thereof, or shall hinder, obstruct or impair any easement or right-of-way to fixtureswhich the Premises are subject, appurtenances and equipment therein. Tenant waives or any right improvement located on an adjoining or adjacent property to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises shall encroach onto the Premises, as required hereinthen, promptly after written request of Lessor (unless such encroachment, violation, hindrance, obstruction or impairment is a Permitted Exception) or of any person so affected, Lessee shall, at its expense, either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting therefrom or (ii) if Lessor consents thereto, make such changes, including alteration or removal, to the reasonable satisfaction Improvements and take such other action as shall be necessary to remove or eliminate such encroachments, violations, hindrances, obstructions or impairments. To the extent any easements are, in Lessor’s good faith judgment, necessary for Lessee’s use and occupancy of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business Premises as contemplated by reason thereof andthis Lease, upon completion thereofLessee’s written request, Tenant shall pay Landlord’s costs for making Lessor will execute such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedeasements.

Maintenance and Repair. (a) Subject to Except as described in Exhibit “C”, attached, the Tenant accepts the Premises in its present condition as a date hereof. It is Landlord’s limited obligations under subparagraph 6(a)responsibility to maintain and repair the foundation, roof, permanent structures, exterior walls (except doors and glass) and utility lines to their exterior point of entry; provided, however, that Landlord shall not be responsible for maintenance necessitated by taking possession the acts of Tenant, its agents or invitees. It is Tenant’s responsibility to maintain and keep in good repair the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good orderincluding fixtures, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefrontwindows, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsutilities, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused made necessary by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 repairsso maintain; provided, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairshowever, Tenant shall not be obligated responsible for maintenance necessitated by the negligence or intentional wrongful acts of Landlord or its agents. Tenant must deliver the Premises to pay Landlord upon termination in as good condition as when leased, reasonable wear and tear excepted. If Tenant neglects to so maintain the Premises, Landlord shall have the right, at Landlord’s option (but this clause shall not obligate Landlord so to do or relieve Tenant from any obligation hereunder),after notice to Tenant at the Premises, to act as deemed necessary by Landlord to maintain and repair the Premises without liability for loss or damage to Tenant’s property, and charge the reasonable cost thereof to Tenant, which sum shall be promptly paid as additional rent. If Tenant determines in good faith that Landlord has neglected to maintain and repair, Tenant may elect as its sole remedy to notify Landlord in writing in detail of the necessary repairs, the estimated cost thereof and the intent of Tenant to complete the same. If Landlord (1) fails to give adequate assurance of commencement within 30 days after receipt of notice,(2) fails to respond, or (3) fails to question in good faith the necessity of all or a part thereof, Tenant may (if not otherwise in default) complete such repairs or any interest thereon until and deduct the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedreasonable cost thereof on a prorated basis from each rental installment as it becomes due.

Maintenance and Repair. (a) Subject The Tenants hereby acknowledge that they have been informed that the Landlord and/or his agents are not always available to Landlord’s limited obligations under subparagraph 6(a), by taking possession provide support services to Tenants. Tenant agrees to maintain the Premises and perform minor repairs such as repairing leaking faucets and changing of the Premises, air conditioning filters. Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract responsible for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There and shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising liable for damage resulting from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment thereinsuch failure. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation the first $50.00 of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, ; but Tenant shall not be obligated responsible for more than $400.00 of repairs during the initial term of the lease unless such repairs are due to Tenant's negligence or misconduct. If a problem comes up that should cost more than $50.00 to repair, then the Tenants must notify the Landlord as soon as possible, between 9:00 a.m. and 5:00 p.m. from Monday through Friday. After normal business hours, Tenants may leave a message and someone will get back to them as soon as possible. Under no circumstances will Landlord be responsible for any improvements or repairs costing more than $50.00 unless the Tenants were given written authorization to make repairs or improvements in advance. Major repairs shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs. If, in Landlord's judgment, there is substantial damage to the Premises, Landlord may terminate this lease by giving written notice to Tenant; the rent shall be prorated, and the balance (less lawful deductions) refunded to Tenant. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or improper use by Tenant, Tenant's guests or other occupants. The cost of such may be deducted from the security deposit. Tenant shall maintain the yard by watering, weeding, fertilizing, mowing the grass and trimming the shrubs so as to maintain a good appearance. Tenant will be responsible for the repairs lawn, plants, trees and shrubs that die during occupancy, and will replace them at tenant's own expense. Landlord may designate where trash receptacles will be stored on the Premises and where they are to be placed for pick up. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of responsibility by Tenant is entered into knowingly, voluntarily, and for consideration and is an express waiver of any statutory or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedcommon law obligation of Landlord.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Leased Premises - The Lessee shall assume and pay for all expenses related to the use and the maintenance of the Leased Premises. In this regard, Tenant shall be deemed the Lessee undertakes to effect, at its cost, all replacements and repairs necessary to maintain the Leased Premises in a good state, with the exception of such replacements and repairs due to ageing and normal wear and tear. The present provision includes the Lessee's obligations to pay for replacements and repairs related to the structure or to the electro-mechanical systems of the building when such replacements or repairs are attributable to an act or omission of the Lessee or of any person the Lessee allows to use or to have accepted access to the Premises as being in good orderLeased Premises. It is expressly agreed that all work or replacements to the electro-mechanical systems shall only be effected by the Lessor. In addition, condition and repair. Tenant shallthe Lessor may, at Tenant’s sole cost and expenseall times, keep the Premises and every part thereof in good condition and repairwithout court authorisation, including without limitationeffect all necessary work, the maintenancereplacements, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance which, in its opinion, is deemed to be necessary in order to ensure the conservation and the enjoyment of the HVAC system Immovable and the Leased Premises. If the Lessor proceeds with such work, it shall provide to Landlord a copy ensure that the enjoyment of the service contract along with written details Leased Premises is not materially diminished. If necessitated by the nature of any and all scheduled and other the work, replacements, repairs and maintenance performed on maintenance, the HVAC system within ten (10) days Lessor may require the Lessee, without court authorisation, to vacate or to be temporarily dispossessed of the date of such performanceLeased Premises. Tenant shall, upon The Lessor shall exercise its right in a reasonable manner and indemnify the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the noticeLessee. Notwithstanding the foregoing, the Lessee shall in the no event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair resiliate or maintain any aspect request a reduction of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedRent.

Maintenance and Repair. Lessee/s shall, at their sole expense, keep and maintain the demised premises and appurtenances in a good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee/s shall keep the fixtures in the house or on or about the demised premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at Lessee/s sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee/s misuse, waste, or neglect or that of Lessee/s employee, family, agent, or guest. Major maintenance and repair of the demised premises, not due to Lessee/s misuse, waste, or neglect or that of Lessee/s employee, family, agent, or guest, shall be the responsibility of Lessor/x. Xxxxxx/s shall maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary lines, (excluding heating, ventilating, air conditioning HVAC, and other facilities and appliances such as dryer/washer/DW, which is the Lessee/s responsibility to repair if needed so as it is in working order as when the lease was signed). Lessee/s agrees that no signs shall be placed or painting done on or about the demised premises by Lessee/s or at Lessee/s direction without the prior written consent of Lessor/s. LESSEE/S SHALL BE RESPONSIBLE FOR THE PERFORMANCE AND/OR THE COST OF THE FOLLOWING a. Damaged windows, doors and door fixtures, mailboxes and posts, and screening; b. Replacing air filters to heating and AC systems every 30 days; c. All sink, tub, lavatory drains, commodes and sewer lines (Lessor/s will pay only if roots in the lines were the only cause of a clog); d. HVAC/Furnace systems where damage is found to be caused by a lack of maintenance; e. Vermin control including but not limited to roaches, ants, fleas, mice and all other insects, rodents or vermin during the term of this lease and at the expiration of this lease or any extensions thereof. Upon expiration of the lease, the Lessee/s are responsible for returning the property to Lessor/s free of all insects, rodents and vermin; f. Service calls where the problem is (a) Subject to Landlord’s limited obligations under subparagraph 6(a)the circuit breaker was not reset; or (b) a blown fuse; or (c) the only reason the light was not working is because the bulb needed replacing; or (d) the reason a garbage disposal isn't working is because of being jammed, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being (e) adjusting temperature controls in good order, condition refrigerator; g. Service calls where nothing is found wrong or where tenant misses a scheduled appointment; h. Smoke detector/s testing and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any battery replacement; i. Any damage caused by Tenant’s use frozen and or broken water lines caused by freezing. During extremely cold temperatures, Lessee/s must leave the heater on and water dripping as a preventative measure. If water is furnished by a well, Lessee/s must make sure the light bulb in the pump house is operating and place a small heater in the pump house to prevent the pump from freezing; j. Maintenance of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) abovephone lines. Lessor/s does not represent that this property is wired for telephone service or internet, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roofcable and/or dish. Landlord shall not be liable for Tenant’s failure Lessee/s is advised to make such repairs or to perform any maintenance. 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 acquire “Lineguard” from the making of any repairsphone company, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant along with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum surge protection from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay electric service for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedelectronic devises.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shallTenant, at Tenant’s its sole cost and expense, shall maintain and keep the Premises and every part thereof in good condition and repairPremises, including all plate glass, interior windows, doors, existing tenant improvements, all Alterations (as defined in Section 3.5) to the Premises, all fixtures and all Building systems located within the Premises (including, without limitation, electrical panels, HVAC units and equipment and plumbing equipment) neat and clean and in good order and repair at all times during the maintenance, repair and replacement of Term. If any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance portion of the HVAC Premises or any system and shall provide or equipment in the Premises which Tenant is obligated to Landlord a copy repair cannot be fully repaired, Tenant will promptly replace such portion of the service contract along with written details Premises, system or equipment. If Tenant fails to perform any of any and all scheduled and other repairs and maintenance performed on the HVAC system its obligations under this Section 3.4 within ten (10) days days’ after receipt of written notice from Landlord requiring such performance by Tenant, then Landlord may perform such obligations and Tenant will pay as additional Rent to Landlord the date cost of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls an amount sufficient to reimburse Landlord for overhead and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 repairssupervision, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafterafter receipt of Landlord’s written demand therefor. If Tenant has not made For purposes of performing such repairs within obligations, or to inspect the 30-day periodPremises, Landlord may make such repairs enter the Premises upon reasonable prior notice to Tenant (except in cases of actual or suspected emergency, in which case no prior notice will be required) without liability to the Tenant for any loss or damage it may accrue incurred as a result of such entry (except if directly due to or as a result of the gross negligence or willful misconduct of Landlord, provided, however, Landlord shall have no liability for any special or consequential damages suffered either by Tenant or any party claiming through Tenant’s merchandise, fixtures or other property or ); Landlord will take reasonable steps in connection with such entry to minimize any disruption to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of or its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect use of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject At Tenant’s expense, Tenant shall keep and maintain the Premises and appurtenances in good sanitary condition during the term of this Lease and any extension of it. In particular, Tenant shall keep the fixtures in the house or on or about the Premises in good order and repair; keep the furnace and HVAC systems clean and in good working order; promptly dispose of all garbage in appropriate receptacles; supply and change heating and air conditioning filters at least once a month; supply and change light bulbs and smoke detector batteries; promptly eliminate any dangerous condition on the Premises caused by Tenant or caused by Tenant’s family, agent, or visitor; take necessary precautions to prevent broken water pipes due to freezing; replace any lost or misplaced keys; pay any periodic, preventative, or additional extermination costs desired by Tenant; promptly notify Landlord of all needed repairs; maintain and use reasonable diligence in maintaining the yard and landscape in or on the Premises, which shall include but not be limited to watering, mowing, fertilizing, trimming and controlling all lawn pests on all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping and foliage on or encroaching on the Premises or any easement appurtenant to the Premises; and keep the walls free from dirt and debris. Tenant shall make all required repairs to the Premises and improvements thereon, which shall include but not be limited to the plumbing systems, cooking appliances, cooling system, heating system, sanitary systems, and other electric and gas fixtures whenever damage to them has resulted from Tenant's misuse, waste, or neglect or that of his or her family, agent, or visitor. The Lease shall terminate if maintenance or repair of the Premises involving anticipated costs in excess of $5,000.00 is necessary. All requests for repairs, by the Tenant, must be in writing and delivered to the Landlord or its agent at the Landlord’s limited obligations under subparagraph 6(a)address for notices, by taking possession as set out in this Lease. Tenant may not repair or cause to be repaired any condition, regardless of the Premisescause, without Landlord’s prior written consent. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item in need of repair or replacement, and the selection of the repairmen, will be at the Landlord’s sole discretion. Landlord is not obligated to complete a repair on a day other than a business day, unless required to do so by law. Landlord may require advance payment of repairs for which Tenant is liable. If Tenant fails to promptly reimburse Landlord for any repair costs that Tenant is obligated to pay, Tenant shall be deemed to have accepted the Premises as being be in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination default of this Lease. If Tenant is delinquent in rent at the time the repair notices are delivered to Landlord, surrender Landlord is not obligated to make the repairs. If Landlord or Landlord’s repairman is unable to access the Premises after making arrangements with Tenant to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of complete the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) aboverepair, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for pay any trip charges resulting from Tenant’s failure to make such repairs provide access to the Premises. Tenant agrees that no signs will be placed or to perform any maintenance. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to painting done on or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or about the Premises by Tenant or in or to fixtures, appurtenances and equipment therein. at Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain direction without the Premises, as required herein, to the reasonable satisfaction prior written consent of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. The Tenant shall, throughout the term of this lease, at its own cost and expense, maintain the interior of the Premises and all exterior Tenant-supplied equipment (a) Subject to Landlord’s limited obligations under subparagraph 6(a)including all windows and doors, all interior equipment and plumbing and electrical systems supplied and used exclusively by taking possession Tenant, and such other fixtures as are used in connection with the occupancy of the Premises, Tenant shall be deemed including any and all replacements made by the Tenant) (except such as are the Landlord's obligation to have accepted the Premises as being maintain hereunder) in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenancesuch condition, repair and replacement order, as the same now are or hereafter may be put, reasonable wear and tear, repairs that are the obligation of any storefrontLandlord to make hereunder excepted. With respect to the HVAC system which serves the Premises, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsthe parties agree that title to such system is hereby transferred to Landlord’s sole ownership, and in consideration thereof Landlord shall assume all responsibility for the heating maintenance and air conditioning (“HVAC”) repair of such system. Tenant The initial cost to Landlord for updating the existing HVAC system shall obtain be amortized as a service contract for repairs portion of the lease rate charged to Tenant, as set forth in Exhibit A, but all other costs of repair and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant borne by Landlord. Landlord shall repair and maintain the structural portions of the BuildingCommon Areas, including the exterior walls roof, foundation, load-bearing walls, fire panel and roof. Landlord shall alarm, sprinkler system, utility lines and systems that do not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There shall be no abatement of Rent exclusively serve the Premises 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 other structural components of the Building or in good condition. Landlord, at its own cost and expense, and without reimbursement from Tenant, shall be responsible for all capital repairs and replacements at the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, except as required herein, due to the reasonable satisfaction negligence, willful misconduct, or gross negligence of Landlordthe Tenant, Landlord shall provide or its employees, agents, or contractors, or caused by a breach by Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereofits obligations under this Lease. In the event of an emergency requiring Tenant does to take preventative action, if Tenant is unable to contact Landlord using commercially reasonable attempts, or if Landlord is not pay reasonably able to respond accordingly, Tenant is authorized to take reasonable remedial action and Landlord will promptly reimburse Tenant for any reasonable costs associated with such xxxx within ten (10) days remedial action upon presentation of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date reasonable documentation in substantiation of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedemergency costs.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of By its entry into the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises in its AS IS condition and as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Demised Premises and every part thereof in good first class condition and repair, including without limitation, the maintenance, replacement and repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Demised Premises to Landlord in good first class condition, in working order, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any Any damage caused by Tenant’s use of the Demised Premises or otherwise occurring during the Term shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls walls, roof, parking areas, and roofexterior portions of the Property. Landlord shall not be liable for Tenant’s failure to make such any repairs or to perform any maintenance. 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 Building or the Demised Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain or make any required replacements to the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord Landlord, in addition to all other rights and remedies available to Landlord, may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedannum.

Maintenance and Repair. (a) Subject Tenant shall, subject to Landlord’s limited 's obligations under subparagraph 6(ahereinafter provided, at all times during the term hereof, and at Tenant's sole cost and expense, keep, maintain and repair the Demised Premises, Tenant's portion of the building containing the Demised Premises and other improvements within the Demised Premises in good and sanitary order, condition, and repair (except as hereinafter provided), including, without limitation, the maintenance and repair of any store front, doors, window casements, glazing, heating and air-conditioning system, including the maintenance of a service contract with a heating and air-conditioning contractor approved by taking possession Landlord and meeting any warranty requirements of Landlord, plumbing, pipes, electrical wiring and conduits. Tenant shall supply Landlord with a copy of such contract within ten (10) days after opening for business, and, upon request at any time, evidence that such contract or other contract remains in effect. After notice to Tenant, Landlord shall have the right to contract directly for heating and air-conditioning maintenance, and in such event, Tenant shall pay the cost of same, or a reasonable portion thereof determined by Landlord if the contract covers more than the Demised Premises. In addition to the foregoing expenses, Landlord, at its election, may employ a roof maintenance service company and an air-conditioning service company to provide repair and preventive maintenance for the roofs. The cost of said services shall be included in the common area charges and shall be prorated pursuant to Section 9. For purposes of this particular proration, floor area of any buildings not included in said roof maintenance service shall be excluded from the denominator. Tenant shall also, at Tenant's sole cost and expense, be responsible for any alterations or improvements to the Demised Premises necessitated as a result of the requirement of any municipal, state or federal authority. Tenant hereby waives all rights to make repairs at the expense of Landlord, and Tenant hereby waives all rights provided for by the Civil Code of the State of California to make said repairs. By entering into the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises as being in good and sanitary order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed agrees on the HVAC system within ten (10) days last day of the date of such performance. Tenant shall, upon the expiration said term or sooner termination of this Lease, Lease to surrender the Demised Premises with appurtenances, in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Tenant shall periodically sweep and clean the sidewalks adjacent to the Demised Premises, as needed. Landlord shall, subject to Tenant's reimbursement as herein provided, maintain in good conditionrepair the exterior walls, broom cleanroof and sidewalks. Tenant agrees to pay to Landlord, ordinary wear Tenant's pro rata share of the cost of preventative maintenance of the walls, roof and tear and damage subject sidewalks, together with reasonable reserves to Paragraph 24 exceptedaccomplish any replacements of or substantial repairs to the roof. Except for damage subject to Paragraph 24Tenant agrees that it will not, nor will it authorize any damage caused person to, go onto the roof of the building of which the Demised Premises are a part without the prior written consent of Landlord. Said consent will be given only upon Landlord's satisfaction that any repairs necessitated as a result of Tenant's action will be made by Tenant’s use of the Premises shall , at Tenant's expense, and will be repaired at the sole cost and expense of Tenant. (b) Except made in such a manner so as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and not to invalidate any guarantee relating to said roof. Landlord shall not be liable for Tenant’s failure required to make any repairs to the exterior walls, roof and sidewalks unless and until Tenant has notified Landlord in writing of the need for such repairs or and Landlord shall have had a reasonable period of time thereafter to perform any maintenancecommence and complete said repairs. There Tenant shall be no abatement of Rent and no liability of reimburse 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 for its pro rata share of the Building or cost of such repairs to, and maintenance of, the building containing the Demised Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, according to the reasonable satisfaction gross floor area of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability Demised Premises as it relates to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making total gross floor area of such repairs upon presentation building as of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to such repair or maintain any aspect maintenance. Tenant's reimbursement shall include a supervision fee to Landlord equal to fifteen percent (15%) of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedmaintenance and repair costs incurred by Landlord.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted at all times maintain the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Leased Premises and every part thereof the Equipment in good condition Good Condition and repair, including without limitation, the maintenance, repair Repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) systemin compliance with all Legal Requirements. Tenant shall obtain a service contract take every action reasonably necessary or appropriate for repairs the preservation and maintenance safety of the HVAC system Leased Premises. Tenant shall promptly make all Alterations of every kind and nature, whether foreseen or unforeseen, which may be required to comply with the foregoing requirements of this Section 11(a). Landlord shall provide not be required to Landlord a copy make any Alteration, whether foreseen or unforeseen, or to maintain any of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performanceLeased Premises. Tenant shallhereby expressly waives any right which may be provided for in any Law now or hereafter in effect to make Alterations at the expense of Landlord or, upon the expiration or sooner termination of to require Landlord to make Alterations. Any Alteration made by Tenant pursuant to this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises Section 11 shall be repaired at made in conformity with the sole cost and expense provisions of TenantSection 12. (b) Except as specifically provided in subparagraph 6(aIf any Improvement hereafter constructed, shall (i) aboveencroach upon any setback or any property, street or right-of-way adjoining the Leased Premises, (ii) violate the provisions of any restrictive covenant affecting the Leased Premises, (iii) hinder or obstruct any easement or right-of-way to which the Leased Premises is subject or (iv) impair the rights of others in, to or under any of the foregoing, Tenant shall, promptly after receiving notice thereof, either (A) obtain from all necessary parties waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation, hindrance, obstruction or impairment, whether the same shall repair affect Landlord, Tenant or both, or (B) take such reasonable action as shall be necessary to remove all such encroachments, hindrances or obstructions and maintain the structural portions to end all such violations or impairments, including, if necessary, making Alterations. Tenant acknowledges and agrees that Landlord shall have no obligation to correct any of the Building, including foregoing conditions to the exterior walls extent that any one or more of them exist prior to the Commencement Date and roof. Landlord that Tenant shall not continue to be liable for Tenant’s failure to make such repairs or to perform any maintenance. There shall be no abatement bound by the terms of Rent and no liability this Lease regardless of Landlord by reason the existence 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectsuch pre-existing conditions. (c) If Landlord and Tenant refuses acknowledge that it is Tenant’s responsibility to keep the Leased Premises in Good Condition and Repair and in compliance with all Legal Requirements. Landlord shall not perform any repairs, modifications or neglects improvements to repair or maintain the Leased Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty unless (30i) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair take the necessary actions to maintain the Leased Premises in Good Condition and Repair, after fifteen (15) days advance written notice from Landlord, or maintain any aspect of the Premises(ii) in Landlord’s reasonable judgment such actions are required on an emergency basis to protect life or property and Tenant is not responding to such emergency; provided, then if however, that under no circumstances shall Landlord makes be obligated to perform any repairs, Tenant shall not be obligated modifications or improvements to pay for the repairs Leased Premises or any interest thereon until keep the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLeased Premises in Good Condition and Repair.

Maintenance and Repair. (a) Subject Landlord shall repair and maintain the structural and mechanical portions of the Building, including basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and Landlord shall keep all Common Areas in good, clean and sanitary order, and the costs thereof shall be includable as Operating Expenses; provided, however, that if maintenance and repairs are caused by the act, neglect, or omission of any duty by Tenant, its agents, servants, employees or contractors, then Tenant shall pay to Landlord’s limited obligations under subparagraph 6(a), by taking possession as additional rent, the reasonable cost of the Premisessuch maintenance and repairs. Except as provided in Paragraph 8.5, Tenant there shall be deemed no abatement of rent or liability to have accepted Tenant on account of any injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Project or any part thereof. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford to Tenant a right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, Notwithstanding Landlord's obligation to the keep the Premises and every part thereof in good condition and repair, including without limitation, for that portion of the maintenance, repair and replacement cost of any storefrontmaintenance and repair of the Premises or any equipment (wherever located) that serves only Tenant or the Premises, doors, window casements, glazing, plumbing, pipes, electrical wiring Tenant shall be responsible for payment of the cost thereof to Landlord as additional rent to the extent such cost is attributable to causes beyond normal wear and conduits, and the heating and air conditioning (“HVAC”) systemtear. Tenant shall obtain be responsible for the cost of repairing or replacing any Premises improvements that are not ordinarily a service contract for repairs and maintenance part of the HVAC system and shall provide to Building or that are above then Building Standards. Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shallmay, at its option, upon reasonable notice, elect to have Tenant perform any maintenance or repair, the expiration or sooner termination cost of this Leasewhich is Tenant's responsibility hereunder. Notwithstanding the provisions of Section 5.1, surrender the Premises if Landlord fails to Landlord in good conditionperform its maintenance and repair obligations hereunder within a reasonable time, broom cleanand, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24as a consequence, any damage caused by Tenant’s 's use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) aboveis substantially impaired, Tenant shall have the right to cause such repair or maintenance to be performed at Landlord's expense and maintain to deduct the structural portions of costs thereof, together with interest thereon at the Buildinghighest rate permitted by law, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 rent payable to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject Tenant shall, subject to Landlord’s limited 's obligations hereinafter provided, at all times during the term hereof, and at Tenant's sole cost and expense, keep maintain and repair the demised premises in good and sanitary order and condition (except as hereinafter provided). Tenant hereby waives all rights to make repairs at the expense of Landlord, provided that Landlord is in substantial compliance with his obligations to repair under subparagraph 6(a), by taking possession the provisions of this lease. By entering into the Premisesdemised premises, Tenant shall be deemed to have accepted the Premises demised premises as being in good and sanitary order, condition and repairrepair and Tenant agrees on the last day of said term or sooner termination of this lease, to surrender the demised premises with appurtenances, in the same condition as when received, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Landlord shall maintain in good repair the exterior walls, roof, sidewalks, and common areas. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, is responsible for all other item including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and but not limited to the heating and air conditioning system, electrical system, plumbing (“HVAC”) including pluggage and stoppage of sanitary sewer system), glass, light bulbs, fluorescent tubes, and supplemental fixtures. The provisions of this article are in no way intended to affect Tenant's responsibility for Common Area maintenance expense as specified by Articles 8 and 9 above. Tenant shall obtain a service contract for repairs and maintenance agrees that it will not, nor will it authorize any person to go onto the roof of the HVAC system and shall provide to Landlord building of which the demised premises are a copy part, without the prior written consent of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roofLandlord. Landlord shall not be liable for Tenant’s failure required to make any repairs unless and until Tenant has notified Landlord in writing of the need for such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice have a reasonable period of any such refusal or neglect time thereafter to commence and Tenant shall repair any item mentioned in complete said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant Sublessee shall, at Tenant’s its sole cost and expense, keep perform the maintenance obligations and make any and all repairs or replacements: (a) which Sublessor reasonably believes are required to be made by Sublessor as Lessee under the Lease; (b) which are required by any law now or hereafter affecting the Premises; or (c) which are required pursuant to the terms of the Franchise Agreement. If Sublessee fails to maintain and repair the Premises, Sublessor may, on five (5) days prior notice, enter the Premises and every part thereof perform such repair and maintenance on behalf of Sublessee. However, in good condition the case of an emergency, Sublessor shall have immediate rights to enter the Premises and perform such repair. In either case, Sublessee shall reimburse Sublessor for all costs so incurred immediately upon demand. It is the intention of Sublessor and Sublessee, that at all times during the Sublease term and any extension thereof, Sublessee shall maintain the Premises in an attractive, fully operative condition. Sublessor shall have no responsibility hereunder to repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration maintain or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 replace any portion of the Building Premises at any time. Sublessee waives any benefit of any present or future laws which might give Sublessee the right to repair the Premises or in at Sublessor’s expense or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain terminate the Premises, as required herein, Sublease due to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect condition of the Premises, then if Landlord makes any repairs, Tenant . Sublessee shall not be obligated to pay for the repairs or commit any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedwaste.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Landlord shall make such improvements, by taking possession repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition exterior and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the BuildingBuilding and the Common Areas. Subject to the terms of Section 7, including the exterior walls maintenance and roof. repairs to be performed by Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There hereunder 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense, unless the need for such maintenance or repairs was caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, in which event Tenant shall reimburse Landlord for the cost of such maintenance or repairs, plus a construction oversight fee for Landlord in an amount equal to five percent (5%) of the cost and expense under any lawof such maintenance or repairs; the construction oversight or management fee, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects if any, applicable to repair or maintain construction of the Premises, as required herein, Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except to the reasonable satisfaction of Landlordextent that Landlord is obligated to restore and repair the Premises pursuant to Section 23, Landlord Tenant, at its sole cost, shall provide Tenant with written notice of any such refusal or neglect maintain and Tenant shall repair any item mentioned the Premises and otherwise keep the Premises in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein good order and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the noticerepair. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairspreceding sentence, Tenant shall not be obligated required to pay make, nor be financially responsible for (except to the repairs extent the same constitute Operating Expenses), any structural changes to the Building or to modify any Building Systems that do not exclusively serve the Premises unless the need for compliance is triggered by the construction of the Initial Improvements or Tenant’s Work or by any acts or omissions of Tenant or any interest thereon of Tenant’s agents, servants, employees, customers, licensees or invitee. Any repair or maintenance by Tenant shall be undertaken in accordance with the provisions and requirements of Section 16. Landlord is not responsible for replacing and/or repairing Tenant’s fixtures or any Above Standard improvements, or fixtures. Except as expressly provided in this Lease, Tenant shall accept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, WHERE IS” condition as of the Effective Date. For purposes of this Lease, all Above Standard improvements and fixtures existing in the Premises as of the Effective Date shall be deemed to be Tenant’s property until the dispute is finally determined; providedexpiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, that Tenant at which time such Above Standard improvements and fixtures shall deposit become the disputed amount property of Landlord and shall be surrendered to Landlord with the Landlord until the dispute is resolvedPremises.

Maintenance and Repair. (a) Subject Tenant shall, subject to Landlord’s limited obligations under subparagraph 6(ahereinafter provided, at all times during the term hereof, and at Tenant’s sole cost and expense, keep, maintain and repair the building and other improvements upon the demised premises in good and sanitary order and condition (except as hereinafter provided) including without limitation, the maintenance and repair of any store front, doors, window casements, glazing, heating and air conditioning system (if any), by taking possession plumbing, pipes, electrical wiring and conduits. Tenant shall also at its sole cost and expense be responsible for any alterations or improvements to the demised premises necessitated as a result of the Premisesrequirement of any municipal, state or federal authority. Tenant hereby waives all right to make repairs at the Expense of the landlord, and if the demised premises are located in the State of California, Tenant hereby waives all rights provided by Section 1941 of the Civil Code of the State of California to make said repairs. By entering into the demised premises, Tenant shall be deemed to have accepted the Premises demised premises as being in good and sanitary order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed agrees on the HVAC system within ten (10) days last day of the date of such performance. Tenant shall, upon the expiration said term or sooner termination of this Lease, lease to surrender the Premises demised premises with appurtenances, in the same condition as when received, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Tenant shall periodically sweep and clean the sidewalks adjacent to the demised premises, as needed. Landlord shall, subject to Tenant’s reimbursement as herein provided, maintain in good conditionrepair the exterior walls, broom cleanroof and sidewalks. Tenant agrees that it will not, ordinary wear and tear and damage subject to Paragraph 24 exceptednor will authorize any person to, go onto the roof of the building of which the demised premises are a part without the prior written consent of Landlord. Except for damage subject to Paragraph 24, Said consent will be given only upon Landlord’s satisfaction that any damage caused by repairs necessitated as a result of Tenant’s use of the Premises shall action will be repaired made by Tenant at the sole cost Tenant’s expense and expense of Tenant. (b) Except will be made in such a manner so as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and not to invalidate any guarantee relating to said roof. Landlord shall not be liable for Tenant’s failure required to make any repairs to the exterior walls, roof and sidewalls unless and until Tenant has notified Landlord in writing of the need for such repairs or and Landlord shall have had a reasonable period of time thereafter to perform any maintenancecommence and complete said repairs. There Tenant shall be no abatement of Rent and no liability of reimburse 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 for its prorata share of the Building or the Premises or in or cost of said repairs and maintenance incurred by Landlord, said prorata share to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, be determined according to the reasonable satisfaction area of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability demised premises as it relates to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date total area of the notice. Notwithstanding building which contains the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolveddemised premises.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted Lessee acknowledges that it has received the Premises as being in good order, condition order and repair. Tenant shallLessee, at Tenant’s sole cost and its own expense, keep will maintain all parts of the Premises and every part thereof in good repair and condition and repairwill take all action and will make all structural and nonstructural, including without limitation, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be required to keep all parts of the maintenance, Premises in good repair and replacement of any storefrontcondition (including, doorsbut not limited to, window casementsall painting, glazingglass, plumbingutilities, pipes, electrical wiring and conduits, fixtures and the equipment, foundation, roof, exterior walls, heating and air conditioning (“HVAC”) systemsystems, wiring, plumbing, sprinkler systems and other utilities, and all paving, sidewalks, roads, parking areas, curbs and gutters and fences). Tenant Lessor shall obtain a service contract for repairs and maintenance not be required to maintain, repair or rebuild all or any part of the HVAC system and shall provide Premises. Lessee waives the right to Landlord a copy of the service contract along with written details of require Lessor to maintain, repair or rebuild all or any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use part of the Premises shall be repaired or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirement, Agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions If all or any part of the BuildingImprovements shall encroach upon any property, including street or right-of-way adjoining or adjacent to the exterior walls and roof. Landlord Premises, or shall not be liable for Tenant’s failure to make such repairs violate the Agreements or to perform any maintenance. 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 Building or conditions affecting the Premises or in any part thereof, or shall hinder, obstruct or impair any easement or right-of-way to fixtureswhich the Premises are subject, appurtenances then, promptly after written request of Lessor (unless such encroachment, violation, hindrance, obstruction or impairment is a Permitted Exception) or of any person so affected, Lessee shall, at its expense, either (i) obtain valid and equipment therein. Tenant waives any right to effective waivers or settlements of all claims, liabilities and damages resulting therefrom or (ii) if Lessor consents thereto, make repairs at Landlord’s expense under any lawsuch changes, statute including alteration or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereinremoval, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any Improvements and take such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure action as shall be an event of default hereundernecessary to remove or eliminate such encroachments, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoingviolations, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair hindrances, obstructions or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedimpairments.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Demised Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Demised Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Demised Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Demised Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant Lessee shall, at Tenant’s its sole cost and expense, (i) take good care of the Equipment and keep the Premises same and every part all parts thereof in good condition and repairsafe order and condition, including with all mechanical devices, electronic systems and component parts in good working order, normal wear and tear excepted, consistent with maintenance practices used by Lessee with respect to equipment similar in type owned or leased by Lessee and consistent with customary industry standards, and in any event in a manner so as to preserve the availability of any manufacturer's or supplier's warranty with respect to the Equipment, and Lessor's rights under such warranty, and (ii) promptly make all needed repairs, restorations and replacements of parts in and to the Equipment or any part thereof, including, without limitation, the maintenance, repair and replacement overhaul of any storefrontUnit requiring overhaul in Lessee's commercially prudent judgment. All such repairs, doorsrestorations and replacements of parts shall be of a standard and quality consistent with customary industry standards and sufficient for the proper maintenance and operation of the Equipment and shall be constructed and installed in a good and workmanlike manner in compliance with Legal Requirements and Insurance Requirements. In carrying out its obligations under this Section 10.1, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and Lessee shall not discriminate in any way in the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system Equipment as compared with other similar equipment owned or leased by Lessee and shall provide to Landlord use the Equipment in a copy of the service contract along manner consistent with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantsound operating practices thereof. (b) Except Lessor shall under no circumstances be required to furnish any services or facilities with respect to the Equipment or make any repairs, replacements, alterations or renewals of any nature or description to any Equipment, make any expenditure whatsoever in connection with this Lease or maintain any Equipment in any way except as specifically otherwise provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roofOperative Agreements. Landlord Lessor shall not be liable for Tenant’s failure required to make such repairs maintain, repair or to perform rebuild all or any maintenance. There shall be no abatement of Rent and no liability of Landlord by reason part of any injury Equipment, and Lessee waives the right to (i) require Lessor to maintain, repair, or interference with Tenant’s business arising from the making rebuild all or any part of any repairsEquipment, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to (ii) make repairs at Landlord’s the expense under of Lessor pursuant to any lawLegal Requirement, statute Insurance Requirement, contract, agreement, covenants, condition or ordinance now or hereafter restriction at any time in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession Tenant assumes the sole responsibility for the operation and maintenance of the Leased Premises. Landlord shall have no responsibility with respect thereof and shall have no liability for damage to the property of Tenant or any tenant, subtenant or other occupant of the Leased Premises or any portion thereof on any account or for any reason whatsoever except as caused by the negligent acts or omissions of the Landlord, its agents, employees or invitees. Notwithstanding anything to the contrary stated in this Lease, Tenant shall take good care of the Leased Premises and at its own expense make, as and when needed, all necessary repairs of any nature to the Leased Premises, including all mechanical systems located therein, windows, doors, the interior, all paving, and all structural and non-structural components of the Leased Premises. All repairs made by Tenant shall be deemed done in a good and workmanlike manner. If Tenant shall fail to have accepted make such repairs or if after commencing them shall fail to complete them with reasonable diligence, then after written notice and opportunity to cure or dispute the Premises as being need for such repairs, such repairs may be made or completed by Landlord in a good order, condition and repair. Tenant shall, workmanlike manner at Tenant’s sole 's expense. Any reasonable amounts spent by Landlord to make or complete such repairs shall be repaid by Tenant as additional rent and shall be payable to Landlord on the first day of the month following Tenant's receipt of a statement from Landlord for such amounts expended. A. Tenant shall keep its parking area free of debris, ice and snow and shall be responsible for routine repairs and maintenance of its parking lot surface including patching and sealing thereof and for the light bulbs for the exterior lighting fixtures on the parking area. B. Landlord shall be responsible for the cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the of maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and separate part of the heating and air conditioning (“HVAC”) system. building over other tenant space on any new construction undertaken by Landlord: Tenant shall obtain a service contract for repairs have no right to create any lien against the property and maintenance of the HVAC system Tenant hereby completely and shall provide to fully indemnifies Landlord a copy of the service contract along against any Mechanics Lien or other lien or claim in connection with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 such Tenant's repair. Landlord must satisfy and cause to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice be discharged within thirty (30) days thereafter. If Tenant has not made such repairs within of notification any liens brought upon the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay as a result of Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved's work.

Maintenance and Repair. (a) Landlord shall keep in good order and repair the foundation, the structural elements, the exterior walls and roof serving the Premises, plate glass, windows, doors and other exterior openings, window and door frames, molding, closure devices, locks and hardware, lighting, heating, air conditioning, electrical and mechanical installation, equipment and other fixtures servicing the Building (but not exclusively servicing the Premises), landscaping, parking areas, all common areas, exterior portions of the demising walls, and all other portions of the Building not constructed by Tenant or otherwise the responsibility of other tenants or occupants of the Building. Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the PremisesSection 3.5 hereof, Tenant shall be deemed responsible for paying Tenant’s Proportionate Share of the foregoing maintenance and repair costs as Additional Charges pursuant to have Section 2.2. Notwithstanding anything to the contrary set forth herein, all costs incurred by Landlord pursuant hereto which relate to alterations, additions, changes, repairs, replacements or other items which, under generally accepted accounting principles, are properly classified as capital expenses, shall be amortized over the Premises useful life of such alterations, additions, changes, repairs, replacements or other items in accordance with generally accepted accounting principles, and Tenant shall be responsible, as being an Additional Charge in good orderany given year, condition and repaironly for Tenant’s Proportionate Share of such costs attributable to said year. Tenant shall, at Tenant’s sole cost and expensecost, keep the Premises and every part thereof in good condition order and repair, including without limitation, the maintenance, repair and replacement shall maintain the Premises in a clean, safe, operable, attractive condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. Any heating, air conditioning, electrical and mechanical equipment installed in the Premises by Tenant shall be maintained and repaired by Tenant at Tenant’s cost. Landlord shall repair or replace, at Tenant’s cost, any damage to the Building caused by Tenant or Tenant’s agents, contractors, or invitees. The cost of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”repair or replacement work performed by Landlord under this 7.1(a) system. in excess of any insurance proceeds payable with respect to such work shall be paid by Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. after Landlord has delivered to Tenant shallan invoice therefore. (b) Tenant will, upon the expiration or sooner prior termination of this Lease, vacate and surrender the Premises to Landlord in good conditionthe condition in which the Premises was originally received from Landlord, broom clean, except for: (i) ordinary wear and tear and damage (subject to Paragraph 24 excepted. Except for damage subject the obligation of Tenant to Paragraph 24, any maintain the Premises in good order and repair during the entire Term); (ii) damage caused by Tenant’s use the gross negligence or willful acts of Landlord; (iii) damage or destruction described in Article 12; (iv) damage resulting from a Taking described in Article 13 which Tenant is not required by the Premises shall be repaired at the sole cost and expense terms of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects this Lease to repair or maintain restore; and (v) except as repaired, rebuilt, restored, altered or added to as permitted or required by the Premises, as required herein, to the reasonable satisfaction provisions of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedthis Lease.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. 7.1 Tenant shall, at Tenant’s sole cost and expensethroughout the Lease Term, keep and maintain the Building and the Premises in a good, clean condition of repair and every part thereof in good condition and repair, including without limitation, the maintenance, at a standard superior or equal to the standard of repair and replacement of any storefrontmaintenance for a first class restaurant in Austin, doorsTexas. This obligation includes, window casementsbut is not limited to the roof, glazingfoundation, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) systemand heating systems, plumbing and electrical systems, water and sewer facilities and gas lines from their point of entry onto the Premises; all interior, exterior and structural components of the Building; and all driveways, parking areas, landscaping, drainage or filtration facilities or other improvements situated upon the Premises. Tenant shall obtain a service contract for repairs and maintenance not perform any acts or carry on any practices which might damage the structural integrity of the HVAC system and shall provide Building. If any repairs or maintenance required to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system be made by Tenant are not made within ten (10) days of the date of such performance. Tenant shallafter written notice from Landlord to Tenant, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. may (bbut has no obligation to) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any such maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it which may accrue result to Tenant’s merchandise, fixtures its stock or other property or to Tenant’s business by reason thereof andof such repairs or maintenance, upon completion thereof, and Tenant shall pay to Landlord’s costs for making , as additional Rent hereunder, the cost of such repairs upon presentation or maintenance plus twenty percent (20%) of a xxxx thereof. In the event Tenant does not pay such xxxx cost (as an administrative fee) within ten (10) days after Tenant’s receipt of its receipt, such failure shall a statement from Landlord. Tenant further agrees not to commit or allow any waste or damage to be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain committed on any aspect portion of the Premises, then if Landlord makes any repairs. Tenant agrees that upon the expiration or earlier termination of this Lease, Tenant shall deliver up said Premises to Landlord in as good condition as of the delivery of the Premises to Tenant, ordinary wear and tear excepted. Tenant further acknowledges that Landlord shall not be obligated required to pay for perform any maintenance or to make any improvements or repairs of any kind or character on or to the repairs Building, the Premises, or any interest thereon until portion thereof, during the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLease Term.

Maintenance and Repair. (a) Subject to Landlord’s Tenant acknowledges that it has received the Premises in good order and repair. Tenant, at its own expense, will maintain all parts of the Premises in good repair and condition (consistent with standards of maintenance of national chains of limited obligations under subparagraph 6(aservice budget motels), by taking possession except for ordinary wear and tear, and will take all action and will make all structural and non-structural, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be required to keep all parts of the Premises in good repair and condition. Landlord shall not be required to maintain, repair or rebuild all or any part of the Premises. Tenant waives the right to (i) require Landlord to maintain, repair or rebuild all or any part of the Premises, Tenant shall be deemed or (ii) make repairs at the expense of Landlord pursuant to have accepted the Premises as being in good orderany Legal Requirement, contract, agreement, covenant, condition and repair. Tenant shallor restriction set forth in subsection 2.2(b)(ii), at Tenant’s sole cost and expense, keep the Premises and every part thereof any time in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenanteffect. (b) Except as specifically provided in subparagraph 6(aIn the event that all or any part of the Improvements shall encroach upon any property, street or right-of-way adjoining or adjacent to any Project, or shall violate the agreements or conditions affecting any Project or any part thereof, or any Legal Requirements, or shall hinder, obstruct or impair any easement or right-of-way to which a Project is subject, then, promptly after written request of Landlord (unless such encroachment, violation, hindrance, obstruction or impairment is a Permitted Exception) aboveor of any person so affected, Tenant shall repair shall, at its expense, either (i) obtain valid and maintain the structural portions effective waivers or settlements of the Buildingall claims, liabilities and damages resulting therefrom, or (ii) make such changes, including alteration or removal, to the exterior walls Improvements and roof. Landlord take such other action as shall be necessary to remove or eliminate such encroachments, violations, hindrances, obstructions or impairments, provided that, if Landlord's consent is required for such changes pursuant to this Lease, Landlord's consent shall have been obtained, which consent shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectunreasonably withheld. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited sole obligations under subparagraph 6(a)shall be repair, by taking possession replacement and maintenance of the Premisesfoundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, Tenant shall be deemed perform all other maintenance and repairs necessary to have accepted maintain the Premises as being improvements in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including without limitationthe roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the maintenancereplacement, servicing, repair and replacement maintenance of any storefrontequipment and fixtures at the Property, doorsincluding the heating, window casementsventilation, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) systemsystems and changing filters for such systems. Tenant shall obtain a service contract also repair and be responsible for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant’s use employees, agents, or invitees or any breaking and entering of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) abovesaid improvements, Tenant shall repair provide Landlord with immediate written notification of all damage to the Property. After notification and maintain the structural portions of the Buildingapproval by Landlord, including the exterior walls and roof. Landlord repairs shall not be liable for made promptly at Tenant’s failure expense so as to make such repairs or restore said improvement to perform any maintenanceits previous condition. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain commence the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice necessary repairs within thirty (30) days thereafter. If Tenant has not made such repairs within after the 30-day periodwritten demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such repairs without liability to the Tenant for any loss or damage it that may accrue to Tenant’s merchandisestock, business, equipment, or fixtures or other property or to Tenant’s business by reason thereof andthereof, upon completion thereofand if Landlord makes such repairs, Tenant shall pay to Landlord’s costs for making such repairs upon presentation of a xxxx , on demand, as Additional Rent, the cost thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such Tenant’s failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the shall constitute a default under this Lease. Tenant’s failure to give, or unreasonable delay in giving, notice of needed repairs or defects shall make Tenant liable for any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedloss or damage resulting from delay or needed repairs.

Maintenance and Repair. (a) Subject to Landlord’s limited Tenant acknowledges that, with full awareness of its obligations under subparagraph 6(a)this Lease, by taking possession Tenant has accepted the condition, state of repair and appearance of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically otherwise provided in subparagraph 6(a) aboveParagraph 15, Tenant agrees that, at its expense, it shall repair put, keep and maintain the structural portions Premises, including any altered, rebuilt or additional buildings, structures and other improvements thereto or thereon, in good and safe condition, repair and appearance, reasonable wear and tear excluded, and in a manner at least equal to the way in which the Premises (as of the Buildingcommencement of the Term) is currently maintained, and shall make all repairs and replacements necessary therefor including (without limitation) any needed capital repairs, replacements or improvements. Tenant will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants and conditions of any easement, restriction, covenant, reciprocal easement agreement, declaration and maintenance agreement (collectively, "EASEMENTS") to which it may at any time be a party or to which the Premises are currently subject or become subject pursuant to this Lease (including easements created pursuant to the REA (as defined in Subparagraph 38(b)) whether or not such performance is required of Landlord under such Easements, including without limitation, payment of all amounts due from Landlord or Tenant (whether as assessments, service fees or other charges) under such Easements. Tenant shall, at its expense, use reasonable efforts to enforce compliance with any Easements benefiting the exterior walls and roofPremises by any other person or entity or property subject to such Easement. Landlord shall not be liable for Tenant’s failure required to maintain, repair or rebuild, or to make such repairs any alterations, replacements, improvements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, expense items or capital items, structural or nonstructural, foreseen or not foreseen, or to perform any maintenance. 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 Building or maintain the Premises or any part thereof in any way or to fixtures, appurtenances and equipment correct any patent or latent defect therein. Tenant hereby expressly waives any right to make repairs at Landlord’s the expense of Landlord which may be provided for in any law in effect at the time of the commencement of the Term or which may thereafter be enacted. If Tenant shall vacate or abandon the Premises, it shall give Landlord notice thereof as soon as reasonably possible, but no abandonment or vacating of all or any portion of the Premises shall release or relieve Tenant from any obligations under any lawthis Lease, statute or ordinance now or hereafter in effectand Tenant shall continue to fully and timely perform all obligations of Tenant under this Lease. (c) If Tenant refuses Subject to Paragraph 18 below, if any Improvements situated on the Premises at any time during the Term shall encroach upon any property, street or neglects right of way adjoining or adjacent to repair or maintain the Premises, as required hereinshall violate any Legal Requirement or shall impair the rights of others under or hinder or obstruct any Easement or right of way to which the Premises is subject, then, promptly after the written request of any applicable Governmental Authority, Landlord or any other person or entity affected by any such encroachment, violation, impairment, hindrance or obstruction (which other person or entity may be Landlord with respect to any such encroachment, violation or impairment which first arises after the date of this Lease), Tenant shall, at its expense, exercise commercially reasonable satisfaction efforts to either (i) obtain legally effective variances of such legal requirements or waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation, impairment, hindrance or obstruction whether the same shall affect Landlord, Landlord Tenant or both, or (ii) make such changes in the Improvements on the Premises and take such other action as shall provide Tenant with written notice be necessary to remove such encroachments, hindrances or obstructions and to end such violations or impairments, including, if necessary, the alteration or removal of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within Improvement on the 30-day periodPremises; provided, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereofhowever, Tenant shall pay Landlord’s costs for making such repairs upon presentation of do so only (1) in a xxxx thereof. In the event Tenant manner that does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at lessen the rate of eighteen percent (18%) per annum from the date market value of the notice. Notwithstanding Premises and (2) in conformity with the foregoingrequirements of Paragraph 11 to the same extent as if such alteration or removal were an alteration subject to the provisions of Paragraph 11. (d) Landlord, any Mortgagee and their respective agents and designees may, in the event that company of a representative of Tenant in good faith disputes if Tenant so requires, enter upon and inspect the Premises at reasonable times and on reasonable prior notice and show the Premises to prospective Mortgagees and/or purchasers. Tenant may designate an employee to accompany Landlord’s claim that , any Mortgagee and their respective agents and designees on such examinations. Tenant has failed will provide, upon Landlord's written request, records for the prior twelve (12) months with respect to operating expenses (such as utility costs and maintenance expenses) of the Premises and for the prior five (5) years, where applicable, with respect to repair and replacement of structural elements, roof and mechanical systems in the Premises, provided, except as may be explicitly required elsewhere in this Lease, Tenant shall have no obligation to disclose records relating solely to the operation of Tenant's business as opposed to the operation, repair or maintain any aspect replacement of the Premises. All such information will be certified as true, then if Landlord makes any repairs, Tenant shall not be obligated complete and correct to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedbest of Tenant's knowledge.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Tenant will, by taking possession at Tenant's sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of the Premisesthis lease and any renewal thereof. In particular, Tenant shall be deemed to have accepted keep the Premises as being fixtures in the house or on or about the leased premises in good order, condition order and repair. Tenant shall; keep the furnace clean; keep the walks free from dirt, snow and debris; deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean; dispose of items of such size and nature as are not normally acceptable by the garbage hauler; keep the kitchen and bathroom drains free of things that may tend to cause clogging of the drains and shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks; and, at Tenant’s 's sole cost and expense, keep shall make all required repairs to the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipesrange, electrical wiring and conduitsheating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Tenant's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the heating leased premises, not due to Tenant's misuse, waste, or neglect or that of Tenant's employee, family, agent, or visitor, shall be the responsibility of the Landlord or Landlord's assigns. Tenant agrees that no signs shall be placed or painting done on or about the leased premises by the Tenant or at Tenant's direction without the prior written consent of the Landlord. Tenant agrees to keep sidewalks and air conditioning (“HVAC”) systemdriveways free of ice, snow, and debris, and in safe condition in accordance with city ordinance. Tenant shall obtain not litter. All cigarette butts must be placed in a proper container and properly disposed of while smoking outside. Smoking is NOT allowed inside any premises. All service contract for repairs and maintenance or repairs, which fall within the responsibility of the HVAC system and Landlord, shall provide to Landlord a copy of be requested by phone, in writing, or via email or the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performanceinternet. Tenant shall, upon shall not make repairs or hire contractors to make repairs without the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roofLandlords written consent. Landlord shall not be liable respond to the emergency maintenance request as soon as practical. For the purposes of this Rental Agreement, emergency maintenance is fire, flood, and uncontrollable water, backed up sewer, electrical problem endangering life, or smell of gas. Tenant is directed to call 911 for Tenant’s failure emergencies causing immediate danger such as fire or smell of gas. Tenant agrees to make such repairs or attempt to perform any maintenance. 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 remedy all of the Building or the Premises or in or below maintenance issues prior to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at notifying Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.:

Maintenance and Repair. Tenant shall at all times, and at Tenant's expense, maintain the Premises in a clean, orderly, tenantable and sanitary condition, including Building areas of common usage. Tenant shall return the Premises at the end of the Term in good order and repair, and shall be obligated to keep repaired and maintained during the Term (ai) Subject to Landlord’s limited obligations under subparagraph 6(a)any glass windows, by taking possession doors and door hardware, (ii) interior walls, floor coverings, columns and partitions, (iii) fixtures, (iv) heating, ventilating and air conditioning appliances, (v) plumbing, electrical and sewage facilities, and (vi) any and all other appurtenances of the Premises. In the event Tenant fails to maintain the Premises as provided for herein Landlord shall have the right , but not the obligation, to perform such maintenance as is required of Tenant in which event Tenant shall reimburse Landlord for its costs in providing such maintenance or repairs together with a ten (10%) percent charge for Landlord's overhead and Tenant shall promptly reimburse Landlord for the amount so billed to Tenant by Landlord. At the end of the Term, Tenant shall be deemed pay Landlord for damages to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of foregoing, whether or not such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage damages were caused by Tenant’s use the act or neglect of Tenant or any person invited or employed by, or under the Premises shall be repaired at the sole cost and expense control of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure responsible to make such any improvements or repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of and Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure 's sole obligation shall be an event of default hereunderto keep the Building's roof, walls and foundation structurally sound, except that Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated responsible to pay make any such repairs made necessary by any act or neglect of Tenant or any person invited or employed by, or under the contract of Tenant. Tenant will obtain at its own expense a preventative maintenance contract on its air conditioning system for the repairs or any interest thereon until term of the dispute is finally determined; providedLease, that Tenant and shall deposit provide a copy of the disputed amount with maintenance agreement to the Landlord until the dispute is resolvedLandlord.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted Lessee acknowledges that it has received the Premises as being in good order, condition order and repair. Tenant shallLessee, at Tenant’s sole cost and its own expense, keep will maintain all parts of the Premises and every part thereof in good repair and condition and repairwill take all action and will make all structural and nonstructural, including without limitation, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be required to keep all parts of the maintenance, Premises in good repair and replacement of any storefrontcondition (including, doorsbut not limited to, window casementsall painting, glazingglass, plumbingutilities, pipes, electrical wiring and conduits, fixtures and the equipment, foundation, roof, exterior walls, heating and air conditioning (“HVAC”) systemsystems, wiring, plumbing, sprinkler systems and other utilities, and all paving, sidewalks, roads, parking areas, curbs and gutters and fences). Tenant Lessor shall obtain a service contract for repairs and maintenance not be required to maintain, repair or rebuild all or any part of the HVAC system and shall provide Premises. Lessee waives the right to Landlord a copy of the service contract along with written details of require Lessor to maintain, repair or rebuild all or any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use part of the Premises shall be repaired or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirement, Agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions If all or any part of the BuildingImprovements shall encroach upon any property, including street or right-of-way adjoining or adjacent to the exterior walls and roof. Landlord Premises, or shall not be liable for Tenant’s failure to make such repairs violate the Agreements or to perform any maintenance. 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 Building or conditions affecting the Premises or in any part thereof, or shall hinder, obstruct or impair any easement or right-of-way to fixtureswhich the Premises are subject, appurtenances then, promptly after written request of Lessor (unless such encroachment, violation, hindrance, obstruction or impairment is a Permitted Exception) or of any person so affected, Lessee shall, at its expense, either (i) obtain valid and equipment therein. Tenant waives any right to effective waivers or settlements of all claims, liabilities and damages resulting therefrom or (ii) if Lessor consents thereto, make repairs at Landlord’s expense under any lawsuch changes, statute including alteration or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereinremoval, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any Improvements and take such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure action as shall be an event of default hereundernecessary to remove or eliminate such encroachments, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoingviolations, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair hindrances, obstructions or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedimpairments.

Maintenance and Repair. (a) Subject Tenant acknowledges that Tenant is leasing the Leased Premises on an "as is" "triple net" basis. Tenant agrees to Landlord’s limited obligations under subparagraph 6(a)accept the Premises with all faults. Tenant shall, by taking possession at all times during the Term, and at Tenant's sole cost and expense, maintain the landscape and the exterior and interior of the PremisesLeased Premises in good and sanitary order and condition. Tenant, at Tenant's sole expense, shall be responsible for all interior and exterior maintenance and repair including , but not limited to : interior and exterior wall and ceiling surfaces, roofs, window shades, painting , patching , cleaning, all electrical systems, all plumbing systems, all mechanical systems, all structural components, carpentry repairs, doors, windows , trim, floor maintenance, and any and all special items and/or equipment installed by or at the expense of the Tenant, as well as all landscaping . Tenant, at Tenants sole expense , shall be responsible for performing routine maintenance as well as majors repairs and/or replacement on the building's HVAC ventilation system, including any required filter replacement operations. (b) Tenant shall be deemed to have accepted maintain the entirety of the exterior of the Leased Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, parking lot and all structural parts of the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) systemLeased Premises . Tenant shall obtain be responsible for loss or damage to landscape and/or any other interior or exte1ior improvements at the Leased Premises as a service contract for repairs and maintenance result of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused acts by Tenant’s use , employees of the Premises shall be repaired at the sole cost Tenant and expense guests or invitees of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Buildingor through any negligence ofTenarit or Tenant's employees, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs vendors, agents, customer s, or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectvisitors. (c) If Tenant refuses or neglects shall be responsible for any and all repair and/or replacements necessary to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date entirety of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Leased Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(aLessee acknowledges that it has received the Premises in the condition disclosed in the Property Condition Report (the “Property Condition Report”), prepared by taking possession LandAmerica Assessment Corporation and dated October 28, 2008 (LAC Project Number 08-61704. 1). Lessee, at its own expense, agrees to repair or cause to be repaired all of the Premisesnecessary repairs cited on Table 1 in the Property Condition Report by October 31, Tenant shall 2010. Unless such repair is required due to a Condemnation or Casualty, in which case Lessee’s obligations to repair will be deemed to have accepted controlled by Section 6.01 below, Lessee, at its own expense, will maintain all parts of the Premises as being in good orderrepair, condition appearance and repair. Tenant shallcondition, at Tenant’s sole cost ordinary wear and expensetear excepted, and will take all action and will make all structural and nonstructural, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be required to keep all parts of the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefrontcondition (including, doorsbut not limited to, window casementsall painting, glazingglass, utilities, conduits, fixtures and equipment, foundation, roof, exterior walls, heating and air conditioning systems, wiring, plumbing, pipessprinkler systems and other utilities, electrical wiring and conduitsall paving, sidewalks, roads, parking areas, curbs and gutters and fences), ordinary wear and tear excepted. The necessity and adequacy of repairs shall be measured by standards that are appropriate for buildings of similar age, construction and use. Lessee, at its own expense, will retain an independent consultant reasonably approved by Lessor to conduct annual inspections of the roof and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance systems of the HVAC system Premises and to provide Lessee and Lessor with a written report of its findings. Lessee shall provide promptly cause a licensed contractor to Landlord a copy perform any recommended or necessary repairs or maintenance measures reflected in such report. Lessor, its contractors, subcontractors, servants, employees and agents, shall have the right to enter upon the Premises with at least forty-eight (48) hours prior notice and escort by Lessee (except in the event of an emergency, in which case no notice shall be required) to inspect same to ensure that all parts of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord are maintained in good repair and condition, broom clean, ordinary wear and tear excepted, and damage subject Lessee shall not be entitled to Paragraph 24 exceptedany abatement or reduction in rent by reason thereof. Except for damage subject Lessor shall not be required to Paragraph 24maintain, repair or rebuild all or any damage caused by Tenant’s use part of the Premises. Lessee waives the right to require Lessor to maintain, repair or rebuild all or any part of the Premises shall be repaired or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirements, agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions If all or any part of the BuildingImprovements shall encroach upon any property, including street or right-of-way adjoining or adjacent to the exterior walls Premises, or shall violate the agreements or conditions affecting the Premises or any part thereof, or shall hinder, obstruct or impair any easement or right-of-way to which the Premises are subject, or any improvement located on an adjoining or adjacent property to the Premises shall encroach onto the Premises, then, if and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 repairsextent legal action against Lessor, alterations or improvements in or to any portion of the Building Lessee, or the Premises shall be threatened, or in Lessor shall suffer a material and adverse economic loss as a result thereof, promptly after written request of Lessor (unless such encroachment, violation, hindrance, obstruction or to fixturesimpairment is a Permitted Exception) or of any person so affected, appurtenances Lessee shall, at its expense, either (i) obtain valid and equipment therein. Tenant waives any right to effective waivers or settlements of all claims, liabilities and damages resulting therefrom or (ii) if Lessor consents thereto, make repairs at Landlord’s expense under any lawsuch changes, statute including alteration or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereinremoval, to the reasonable satisfaction Improvements and take such other action as shall be necessary to remove or eliminate such encroachments, violations, hindrances, obstructions or impairments. To the extent any easements are, in Lessee’s good faith judgment, necessary for Lessee’s use and occupancy of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business Premises as contemplated by reason thereof andthis Lease, upon completion thereofLessee’s written request for consent, Tenant shall pay Landlord’s costs for making Lessor will reasonably consent to same and execute such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the noticeeasements. Notwithstanding the foregoing, in Lessor acknowledges that it purchased the event Premises subject to that Tenant in good faith disputes Landlord’s claim certain fence and stoop encroachment and that Tenant has failed certain curb and gutter paving encroachment, both disclosed by an ALTA/ACSM survey made by Louis Surveying on July 22, 2008, last revised September 4, 2008, entitled “RGHP Properties, L.L.C.” Accordingly, Lessor will not require Lessee to repair or maintain take any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated corrective action with regard to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedsaid encroachments.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Landlord shall make such improvements, by taking possession repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition exterior and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the BuildingBuilding and the Common Areas. Subject to the terms of Section 7, including the exterior walls maintenance and roof. repairs to be performed by Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There hereunder shall be no abatement at Landlord’s expense, unless the need for such maintenance or repairs was caused by the negligence or willful misconduct of Rent and no liability Tenant, its employees, agents, contractors or invitees, in which event Tenant shall reimburse Landlord for the cost of Landlord by reason of any injury to such maintenance or interference with Tenant’s business arising from the making of any repairs, alterations plus a construction oversight fee for Landlord in an amount equal to five percent (5%) of the cost and expense of such maintenance or improvements in or repairs (and Landlord agrees to any portion use good faith efforts to require other tenants of the Building to so pay for maintenance or repairs cause by the negligence or willful misconduct of such other tenants and their employees, agents, contractors or invitees, and the amounts so collected by Landlord shall be deducted from Operating Expenses); the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except to the extent that Landlord is obligated to restore and repair the Premises or pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in or to fixturesgood order and repair, appurtenances normal wear and equipment thereintear excepted. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to Any repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and maintenance by Tenant shall repair any item mentioned be undertaken in said notice within thirty (30) days thereafteraccordance with the provisions and requirements of Section 16. If Tenant has Landlord is not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant responsible for any loss or damage it may accrue to replacing and/or repairing Tenant’s merchandise, fixtures or other property any Above Standard improvements, or to Tenant’s business by reason thereof and, upon completion thereoffixtures. Except as expressly provided in this Lease, Tenant shall pay Landlord’s costs for making such repairs upon presentation accept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, WHERE IS” condition as of a xxxx thereofthe Effective Date. In For purposes of this Lease, all Above Standard improvements and fixtures existing in the event Tenant does not pay such xxxx within ten (10) days Premises as of its receipt, such failure the Effective Date shall be an event deemed to be Tenant’s property until the expiration or earlier termination of default hereunderthis Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the property of Landlord and shall be entitled surrendered to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of Landlord with the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)A. Landlord shall be responsible for all maintenance, by taking possession repairs and replacements of the Real Property that are capitalized expenses under GAAP, unless occasioned by the act or negligent failure to act of Tenant, or any of Tenant's employees, contractors, agents, subtenants or licenses. Such maintenance, repairs and replacements include, but are not necessarily limited to, the replacement of roofs or other load bearing elements of Real Property structures, the replacement of major components of HVAC systems, elevators and escalators within the Premises; remediation of environmentally hazardous conditions, Tenant structural alterations required by building and safety codes or other applicable laws or by insurance underwriting requirements, and any other capital maintenance, repair and replacement. In no event shall be deemed Landlord's responsibilities include routine maintenance and replacements or other repairs, refurbishment or replacements which do not constitute capital repairs under GAAP. Except as set forth in this Section 8.A and in Section 15, Landlord shall have no duty to have accepted repair, replace or maintain the Premises or any part thereof. B. Except as being otherwise provided in good orderSections 8.A and 15, condition and repair. Tenant shall, at Tenant’s 's sole cost and expense, keep the Premises and every part thereof in good repair and condition and repairshall not permit or commit any waste thereof. Repairs, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs replacements and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired performed by Tenant in a prompt and diligent manner so as to avoid any event of default under any Loan Documents now or hereafter affecting the Premises with respect to the condition of the Premises, and in no event shall Tenant fail to perform such repairs later than 120 days after Landlord's written notice of the necessity therefore. Without limiting the generality of the foregoing, Tenant shall, at the its sole cost and expense of Tenantexpense, but using funds from the Repair and Replacement Reserve (defined in Section 8.B(1) below) to the extent any funds then exist, repair and replace all Tangible Personal Property leased to Tenant pursuant to this Lease, which replaced Tangible Personal Property shall continue to be owned by Landlord. (b1) Except as specifically provided in subparagraph 6(a) aboveFor each fiscal year during the Term, Tenant shall, as additional Rent, contribute to a reserve for the periodic refurbishment, replacements and non-routine repairs of all Tangible Personal Property owned by Landlord, which reserve shall be held and owned by Landlord (the "Repairs and Replacement Reserve") no less than the amount specified in Exhibit D attached hereto, which funds Landlord shall make available to Tenant for use in making such periodic refurbishment, replacements and non-routine repairs of all Tangible Personal Property owned by Landlord. Tenant shall not, without Landlord's prior written consent (to be given or withheld in Landlord's sole and absolute discretion) expend any funds in the Repairs and Replacement Reserve for any purpose other than such refurbishment, replacements and repairs. To the extent Tenant makes any deposits with First Mortgagee (or its servicer for the First Mortgage Loan) pursuant to the Loan Documents for a repair and maintain replacement reserve, Tenant's obligations to make contributions to the structural portions Repairs and Replacement Reserve shall be deemed reduced by the amount deposited with such First Mortgagee or servicer. (1) If Tenant fails to make any repairs to the Premises required to be made by Tenant under this Section 8 within a reasonable time period and in no event later than 120 days after Landlord's 'written notices of the Buildingnecessity therefore, including Landlord may, at Landlord's option, make or cause to be made such repairs, to the exterior walls Premises, at Tenant's expense. Upon completion of such repairs by Landlord, Landlord shall submit to Tenant an invoice describing in reasonable detail the repairs so made to the Premises and roof. verifying the payment for all labor and materials used in such repairs, and Tenant shall deliver to Landlord, within ten days after the date of Tenant's receipt of said invoice, cash reimbursement for the full cost of such repairs, in addition to interest thereon at ten percent per annum from the date such costs were incurred to the date of such payment from Tenant to Landlord. (2) Landlord shall not be liable for Tenant’s failure required to make such repairs or give to perform any maintenance. 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 Tenant the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal need for repair as described in Section 8.C(1) and Landlord shall be entitled to make or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not cause to be made to the Premises such repairs within as are necessary and to obtain from Tenant reimbursement of the 30-day periodcost therefore, Landlord may make if the nature of any defect causing the need for such repairs without liability to repair of the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereofPremises creates an emergency. In the event Tenant does not pay of such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunderrepair by Landlord, Landlord shall be entitled to utilize reimbursement by Tenant for the cost thereof, and interest thereon, all as provided in Section 8.C(l) above, upon delivery by Landlord to Tenant of an invoice complying with the criteria described in, above. For purposes of this Lease, the term "emergency" shall mean a condition which in Landlord's reasonable judgment poses an immediate and substantial threat to Tenant's ability to conduct its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of business operations on the Premises, then if Landlord makes any repairsto the personal safety of Tenant's agents, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; providedemployees, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedguests, customers and invitees and/or other Premises itself.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant Lessee shall, during the Term, at Tenant’s its sole cost and expense, keep maintain the Premises Leased Premises, including all fixtures located therein, and every part thereof in good condition make and repairperform all maintenance, repairs, restorations, and replacements to the Leased Premises, including without limitationlimitation the heating, the maintenanceventilating, repair air conditioning, mechanical, electrical, elevators, telephone, cable and replacement of any storefront, doors, window casements, glazingother utility lines, plumbing, pipesfire, electrical wiring life/safety, sprinkler and conduitssecurity systems, computer service, air and water pollution control and waste disposal facilities, fixtures, equipment, and appurtenances to the heating Leased Premises as and air conditioning when needed to maintain them in as good a working condition and repair (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 casualty excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use ) as existed as of the Premises Commencement Date, regardless of whether such maintenance, repairs, restorations or replacements are ordinary or extraordinary, routine or major, foreseeable or unforeseeable and regardless of by whom such items were placed in the Leased Premises. All maintenance, repairs, restoration, or replacements shall be repaired at of a quality and class equal to or better than the sole cost quality and expense class presently located in the Leased Premises. If Lessee fails to commence such maintenance, repairs, restoration, or replacements, within sixty (60) days of Tenant. receipt of Lessor’s notice that such maintenance repairs, restoration, or replacements are necessary (b) Except or within such longer period of time as specifically provided in subparagraph 6(a) abovemay reasonably be required to commence such work), Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord Lessor may (but shall not be liable for Tenant’s failure obligated to) make or cause to make be made such repairs or to perform any maintenance. There repairs, restoration, and replacements, at the expense of Lessee, and shall be no abatement of Rent and no liability of Landlord by reason of any injury entitled to or interference with Tenant’s business arising collect the same from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, Lessee as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice Additional Rental due hereunder within thirty (30) days thereafterof written demand by the Lessor. (b) It is understood and agreed that except as provided in Section 5.1 of the CEA, Lessor shall have no obligation to incur any expense of any kind or character in connection with the maintenance, repair, restoration or replacement of the Leased Premises during the Term. If Tenant has Except as provided in Section 5.1 of the CEA, Lessor shall not made such be required at any time to make any improvements, alterations, changes, additions, repairs or replacements of any nature whatsoever in or to the Leased Premises, or to maintain the Leased Premises in any respect whatsoever, whether at the expense of Lessor, Lessee or otherwise (c) Lessee agrees that all Improvements to the Leased Premises constructed by Lessee pursuant to this Lease shall comply with the requirements of Title 40, Chapter 8, Part V, of the Louisiana Revised Statutes, “EQUAL ACCESS TO GOVERNMENTAL AND PUBLIC FACILITIES FOR THE DISABLED COMMUNITY,” more specifically, sections La. R.S. 40:1731 through 40:1744, and any new or modified requirements imposed to make the Leased Premises accessible to persons with disabilities as would be applicable to LSU or to a state agency. (d) Lessee further agrees to make, at its own expense, all changes and additions to the Leased Premises required by reason of any change in Law that occurs after the Commencement Date (subject to obtaining any Lessor approvals that may be required by this Lease), including the furnishing of required sanitary facilities and fire protection facilities, and Lessee shall furnish and maintain all fire extinguishers and other equipment or devices necessary to comply with the order of the Louisiana State Fire Marshal; provided however, that in the event of any Major Alterations to the Leased Premises, the written consent of the Lessor must be obtained prior to the commencement of any work in accordance with Section 5.01 hereof. Lessee shall further be responsible for all costs associated with any required periodic inspections and servicing of fire extinguishers and other safety equipment or devices, or any licenses or permits required by the State Fire Marshal’s office. At no expense to Lessor, Lessee agrees to comply with any order issued during the Term by the State Fire Marshal’s Office within the 30-day period, Landlord may make such repairs without liability timeframe mandated by that Office. (e) Lessor agrees to preserve all available warranties of workmanship related to the Tenant Leased Premises and agrees to exercise its rights with respect to all such warranties with reasonable diligence following receipt of written request from Lessee. (f) Lessee further agrees to do at no expense to Lessor, painting of the exterior and interior as applicable and as necessary to maintain the Leased Premises in a neat, clean, safe, sanitary and habitable condition. (g) Lessee shall have the sole responsibility of all maintenance and repairs to all equipment operational at the time of occupancy, to the extent needed for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property its use of the Leased Premises or to Tenantthe extent necessary to preserve and protect the Leased Premises, including but not limited to boilers, elevators, HVAC, fire panels, lock and security systems and the public address system, and shall ensure that all such equipment is properly maintained in clean, safe, and continues in an operable condition. Lessee shall be responsible for all routine preventative maintenance and repairs on all such operational equipment, including but not limited to, the HVAC systems; provided, however, that any such routine preventive maintenance and repairs shall be consistent with LSU’s business current practice and performed in accordance with manufacturer recommended schedules and be performed by reason thereof andan authorized maintenance/repair contractor. Lessee shall be responsible for ensuring that all necessary certification is maintained on any and all such equipment and machinery, upon completion thereofincluding, Tenant but not limited to, certification required by the State Fire Marshal and DHH. (h) Without limiting anything in this Lease, Lessee shall pay Landlordcomply with the maintenance standards outlined in maintenance policies, procedures, manuals and logs maintained by each Hospital’s costs Director of Physical Plant (the “Maintenance Standards”). Lessee may propose alternative equivalent maintenance standards for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx approval by Lessor within ten forty- five (1045) days of its receipt, such failure shall be an event the execution of default hereunder, Landlord shall be entitled to utilize this Lease by all of the parties. Lessor, to the best of its remedies herein knowledge and such amount shall bear interest at belief, has maintained the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, Leased Premises in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount accordance with the Landlord until the dispute is resolvedMaintenance Standards.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s its sole cost and expense, maintain the Premises, including, but not limited to heating, ventilating and air conditioning equipment, in a good and serviceable state of repair and condition, excluding necessary repairs to the roof, structural walls and foundation of any improvements (“Structural Repairs”), reasonable evidence of which has been provided to Landlord. Landlord will be responsible for necessary Structural Repairs. Landlord will not be responsible to make any other foreseen or unforeseen, or ordinary or extraordinary changes or repairs which may be required to keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, (or any other) repair and replacement of condition; or in compliance with any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 exceptedapplicable laws except as may otherwise be expressly provided herein. Except for damage subject to Paragraph 24as expressly provided herein, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure required to make such repairs maintain, repair or to perform any maintenance. 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 rebuild the making of any repairs, alterations or improvements in or to any portion of the Building or on the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises. If Landlord does not perform the repairs, as maintenance and replacements required herein, pursuant to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice this Lease within thirty (30) days thereafter. If Tenant has not made after receipt of written notice from Tenant; provided, however, that if any such repairs within cannot be reasonably performed with said thirty (30) day period by the 30-day periodexercise of due diligence by Landlord, Landlord may make such repairs without liability to then the Tenant for any loss or damage it may accrue same shall not give rise to Tenant’s merchandiseright to perform such repairs hereunder if within said thirty (30) day period Landlord commences the performance of such repairs and diligently prosecutes the same to completion, fixtures or other property or then Tenant shall have the right, but not the duty, to Tenant’s business by reason thereof anddo said repairs, upon completion maintenance and replacements on behalf of Landlord and Tenant may offset the cost thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within plus ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from percent for overhead, against the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedRent.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Except at otherwise provided herein, by taking possession Tenant, at its own cost and expense, shall keep the interior of the Premises, Premises and all improvements made by Tenant in good order and shall be deemed responsible for the full cost of the repair to have accepted any such item, unless the Premises as being repair is necessitated by damage for which Landlord is responsible under (b) below. (b) Landlord shall keep in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain replace when necessary the structural portions of the BuildingPremises, including the roof and roof membrane, foundations, appurtenances, heating, ventilation and air conditioning equipment, electrical systems, plumbing systems, lighting, storm drainage and other mechanical systems of the Premises, exterior walls and roofwindows of the Premises and utility and sewer pipes serving the Premises. Landlord shall not be liable responsible for Tenant’s failure repairing any damage to make such repairs the Premises caused by leaks in the roof, bursting pipes (by freezing or to perform any maintenanceotherwise) or by defects in the Premises. There Tenant shall be no abatement of Rent keep all adjoining sidewalks in a neat and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairsclean condition and promptly remove all dirt, alterations or improvements in or to any portion trash, snow and ice therefrom. Tenant shall keep all common areas of the Building or the Premises or neat and clean and in or to fixtures, appurtenances good order and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectrepair. (c) If Tenant refuses Landlord, Landlord's agents and employees, shall have the right to enter the Premises at any reasonable times for the purpose of making repairs necessary for the preservation of the Premises or neglects otherwise perform Landlord's obligations under this Lease. Landlord shall make a reasonable effort to repair or maintain the Premises, as required herein, effect such repairs and perform such obligations with a minimum of interference to the reasonable satisfaction of LandlordPremises and the business conducted therein, Landlord and, when practicable, all work shall provide Tenant with written notice of any such refusal or neglect and be done after Tenant's business hours unless Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedotherwise direct.

Maintenance and Repair. 8.1 Landlord shall be responsible for all maintenance of the common areas of Building and structural portions of the Premises reasonably necessary to ensure that Tenant is able to use the Premises for the Permitted Use, including but not limited to maintenance of the complete roofing system (aincluding repair of leaks) Subject Building structure, including, but not limited to, extension walls, load-bearing columns, foundation and floor slab, common areas of the Building, parking lot and truck court areas, the electrical service up to Landlord’s limited obligations under subparagraph 6(a)electrical panels and water, by gas and sewer lines up to the Building and the telephone lines up to connection in the telephone room. HVAC maintenance and repairs shall be the responsibility of Tenant for the entire Term. Landlord shall have no other obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in Exhibit “B” if attached to this Lease. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises Xxxxxx accepts them as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost It is hereby understood and expense, keep agreed that no representations respecting the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at or the sole cost and expense of Building have been made by Landlord to Tenant. (b) Except , except as specifically provided set forth in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roofthis Lease. Landlord shall not be liable for Tenant’s any failure to make such any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant but in no event longer than thirty (30) days after such date, unless such delay is due to an act of God or other event or circumstance that could not be reasonably anticipated by Landlord and is not the result of Landlord’s gross negligence, willful misconduct, or action or inaction, in which event, Landlord shall commence such repairs or maintenance as soon as reasonably possible and diligently prosecute the same until completion. 8.2 Tenant shall at its own cost and expense keep and maintain all non-structural parts of the Premises in good condition, promptly making all necessary maintenance, repairs and replacements, whether structural or non-structural, ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but not limited to, repair and replacement of all fixtures installed by Tenant, water heaters serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, parking lots, driveways, landscaping, rail tracks serving the Premises, plumbing work and fixtures, and performance of regular removal of trash and debris). There Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration, excepting ordinary wear and tear, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord in good condition and repair, toss by fine or other casualty excepted (but not excepting any damage to glass). 8.3 Except as provided in Article 22, there shall be no abatement of Rent rent and no liability of Landlord by reason of any injury to or interference with TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedBuilding.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant Lessee shall, during the Term, at Tenant’s its sole cost and expense, keep and maintain the Premises and every part thereof Leased Equipment in good working order and repair regardless of whether any maintenance and repairs are ordinary or extraordinary, routine or major, foreseeable or unforeseeable. All maintenance and repairs shall be sufficient to maintain the Leased Equipment in as good condition as existed at the Commencement Date, ordinary wear, tear, casualty unrelated to the fault of the Lessee and obsolescence excepted, and shall comply with all manufacturer or vendor guidelines and specifications. (b) If any material piece of the Leased Equipment is lost, stolen, destroyed, confiscated or damaged beyond repair, including without limitationLessee shall notify Lessor promptly of such event in writing. Lessee, at its sole cost and expense, shall replace any affected Leased Equipment with equipment of at least equivalent capability and of similar make, model, quality and function as the Leased Equipment being replaced. (c) Once a material piece of the Leased Equipment is in the last two years of its useful life, should such material piece of Leased Equipment be lost, stolen, destroyed, confiscated or damaged beyond repair or be in need of any maintenance or repairs, then Lessee shall have the following options: (i) To maintain or repair such piece of Leased Equipment; (ii) To replace such piece of Leased Equipment with Leased Equipment of equivalent capability and of similar make, model, quality and function (whether used or new); or (iii) if Lessee determines using reasonable business principles that such Leased Equipment is no longer of any use to the Hospitals or essential to their operations, to not replace or repair such Leased Equipment. Lessee shall notify Lessor in writing of its decision with regard to the repair, replacement or removal of such piece of Leased Equipment within five (5) days of making such decision. Any new or used movable property purchased by Lessee shall remain the property of Lessee at the expiration or earlier termination of this Lease and Lessor shall have no claim to ownership of such new equipment. Any piece of Leased Equipment is removed from service by Lessee shall be returned to Lessor or disposed of in the manner directed by Xxxxxx. (d) Once a piece of the Leased Equipment has exceeded its useful life, then Lessee shall have the following options: (i) To replace such piece of Leased Equipment with equipment of equivalent capability and of similar make, model, quality and function as utilized by other hospitals (whether used or new); or (ii) if Lessee determines using reasonable business principles that such Leased Equipment is no longer of any use to the Hospitals or essential to their operations, to not replace or repair such Leased Equipment. Lessee shall notify Lessor in writing of its decision with regard to the replacement or removal of such piece of Leased Equipment within five (5) days of making such decision. Any new or used movable property purchased by Lessee shall remain the property of Lessee at the expiration or earlier termination of this Lease and Lessor shall have no claim to ownership of such new equipment. Any piece of Leased Equipment that is removed from service by Lessee shall be returned to Lessor or disposed of in the manner directed by Xxxxxx. (e) Except as set forth below, Lessee shall be entitled to receive all amounts which are payable by an insurer or other person as a result of an event described in Section 4.01(b). Lessee will apply such amounts against costs incurred in repairing or replacing the affected Leased Equipment pursuant to Section 4.01(b) unless Lessee decides not to repair or replace such Leased Equipment as provided above. If Xxxxxx decides not to repair or replace such Leased Equipment as provided above, such amounts shall be paid to Lessor. (f) If Lessee fails to commence any maintenance, repairs or restoration to any Leased Equipment required above within sixty (60) days of receipt of Lessor’s notice that such maintenance, repairs or restoration is necessary, Lessor may, but shall not be obligated to, perform or cause to be performed such maintenance, repairs or restoration, at Lessee’s expense, unless the Lessee provides evidence in the form of a qualified technician’s report or comparable report that the maintenance, repair and replacement of or restoration is unecessary. Lessee shall be required to pay any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning such amounts to Lessor within thirty (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (1030) days of the date of such performancea written demand therefor by the Lessor. Tenant shallThe exercise of any right under this Section 4.01(e) by Lessor does and shall not be deemed to waive, upon the expiration reduce or sooner termination of remove any liability Lessee may have to Lessor for failing to perform its obligations under this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (bg) Except Lessee accepts the Leased Equipment in “as specifically provided is, where is, with all faults” condition, without representation or warranty, express or implied, in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises fact or in Law, oral or to fixtureswritten, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectby Xxxxxx. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. 9.1.1 Lessee, at its expense, will keep the Leased Properties and all fixtures thereon and all landscaping, private roadways, sidewalks and curbs appurtenant thereto and which are under Lessee’s control and Lessee’s Personal Property in good order and repair (a) Subject to Landlordwhether or not the need for such repairs occurs as a result of Lessee’s limited obligations under subparagraph 6(a)use, by taking possession the elements or the age of the PremisesLeased Properties or any portion thereof, Tenant shall be deemed to have accepted or any cause whatever except the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement failure of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure Lessor to make such repairs any payment or to perform any maintenance. There shall be no abatement act expressly required under this Master Lease or any willful misconduct of Rent Lessor), and, except as otherwise provided in Article XIV, with reasonable promptness, make all necessary and no liability appropriate repairs thereto of Landlord every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition whether or not existing prior to the commencement of the Term (concealed or otherwise). Lessee shall not make any injury changes or alterations to any Leased Property, except as permitted pursuant to Article X. 9.1.2 Lessee shall do or interference cause others to do all shoring of any Leased Property or adjoining property (whether or not owned by Lessor) or of the foundations and walls of the Leased Improvements, and every other act necessary or appropriate for the preservation and safety thereof, by reason of or in connection with Tenant’s business arising from any subsidence, settling or excavation or other building operation upon any of the making Leased Properties or adjoining property, whether or not Lessor shall, by any Legal Requirements, be required to take such action or be liable for the failure to do so. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work, and, subject to the provisions of paragraph 9.1.6, where, by reason of age or condition, such repairs cannot be made to the quality of the original work, the property to be repaired shall be replaced. 9.1.3 It is the intention of these provisions that the level of maintenance of the Leased Properties shall be not less than the standard applied by Lessee in its operation of other similar licensed health care facilities it owns and/or operates. At all times Lessee shall maintain, operate and otherwise manage the Leased Properties on a quality basis and in a manner consistent with the standards of other facilities in the market area for the Leased Properties. 9.1.4 Lessor shall not under any circumstances be required to build or rebuild any improvements on any Leased Property, or to make any repairs, alterations replacements, alterations, restorations or improvements in renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or upon any adjoining property, whether to provide lateral or other support for any Leased Property or xxxxx a nuisance affecting any Leased Property, or otherwise, or to make any portion of the Building or the Premises or expenditure whatsoever with respect thereto, in connection with this Master Lease, or to fixturesmaintain any Leased Property in any way. Lessee hereby waives, appurtenances and equipment therein. Tenant waives any to the extent permitted by law, the right to make repairs at Landlord’s the expense of Lessor pursuant to any law in effect at the time of the execution of this Master Lease or hereafter enacted. 9.1.5 Nothing contained in this Master Lease, and no action or inaction by Lessor, shall be construed for the benefit of any contractor, subcontractor, laborer, materialman or vendor as (i) constituting the consent or request of Lessor, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to any Leased Property or any part thereof, or (ii) subject to the provisions of Section 12.1 , giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in any Leased Property, or any portion thereof. Lessor shall have the right to give, record and post, as appropriate, notices of non-responsibility under any law, statute or ordinance mechanics’ lien laws now or hereafter in effectexisting. 9.1.6 Lessee shall, from time to time, replace with other operational equipment or parts or property (cthe “Replacement Property”) If Tenant refuses any of the Fixtures or neglects to repair Lessor’s Personal Property (the “Replaced Property”) which shall have (i) become worn out, obsolete or maintain unusable for the Premisespurpose for which it is intended, as required herein(ii) been taken by Condemnation, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the which event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord Lessee shall be entitled to utilize all that portion of its remedies herein and such amount shall bear interest at the rate of eighteen percent any Award made therefor, or (18%iii) per annum from the date of the notice. Notwithstanding the foregoingbeen lost, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair stolen, damaged or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determineddestroyed; provided, however, that Tenant the Replacement Property shall deposit (1) be in good operating condition, (2) have a then value (as adjusted for inflation) and useful life at least equal to the disputed amount with value and estimated useful life of the Landlord until Replaced Property as of the dispute is resolved.date hereof for Replaced Property specified in Subparagraph 9.1.6(i), or have a value and useful life at least equal to the value and estimated useful life of the Replaced Property immediately prior to the time that the Replaced Property specified in Subparagraphs 9.1.6 (ii) and 9.1.6

Maintenance and Repair. (a) Subject Tenant, at its expense and without the prior consent of Landlord, shall maintain (or cause Tenant’s Subsidiaries to Landlordmaintain) the Leased Property and Tenant’s limited obligations under subparagraph 6(a)Property, by taking possession and every portion thereof (i) in accordance with Prudent Industry Practice and (ii) in a manner which complies with all federal and state utility commission delivery standards, in each instance whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the PremisesLeased Property and Tenant’s Property. Without limiting the foregoing, Tenant, at its expense, shall be responsible for (i) coordinating with local, state or federal governmental authorities to execute moves and relocations of the Distribution Systems and the Leased Improvements, (ii) complying with any other requirements instituted by such authorities in order to perform the Primary Intended Use at the Leased Property in accordance with Prudent Industry Practice, (iii) repairing fiber and copper cuts with respect to the Distributions Systems on a timely basis, and (iv) replacing poles, conduits and such other facilities at the Leased Property as may be required from time to time in order to comply with its obligations hereunder. Notwithstanding anything to the contrary herein, provided that cessation does not result in any non-compliance with any Legal Requirements, Communications Licenses, Pole Agreements or Communications Regulations, Tenant shall have no obligation under this ILEC Master Lease to maintain (I) any asset or property Tenant has retired and replaced with a TCI Replacement; and (II) up to $15,000,000 (or such higher amount as approved by Landlord in its sole discretion) per Lease Year of any other retired assets or property; provided, however; that Tenant shall provide prior written notice to Landlord of any such retirement at least thirty (30) days prior to retiring any such asset and, in any event, Tenant shall be deemed responsible for any liability resulting from the failure to have accepted maintain any retired copper asset. Notwithstanding the Premises as being in good order, condition and repair. Tenant shallforegoing, at TenantLandlord’s written request, Tenant shall continue to maintain (in accordance with the standards and terms of this Article IX) any such asset or property identified in clauses (I) or (II), at Landlord’s sole cost and expense. (b) Tenant shall perform the maintenance obligations hereunder with reasonable promptness and make all reasonably necessary and appropriate repairs thereto of every kind and nature, keep including those necessary to ensure continuing compliance in all material respects with all Legal Requirements, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the Premises Commencement Date. All repairs shall be consistent with Prudent Industry Practice and every in no event shall Tenant remove (except in the case of a replacement performed in accordance with the terms hereof) any portion of the Distribution Systems without obtaining Landlord’s prior consent, 4545 which shall not be unreasonably withheld, conditioned or delayed. Tenant will not take or omit to take any action which would reasonably be expected to materially impair the value or the usefulness of the Leased Property or any part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of or any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) systemCapital Improvement thereto for its Primary Intended Use. Tenant shall obtain a service provide, at its expense, periodic reports (no less than quarterly) to Landlord, as reasonably requested by Landlord from time to time, on operational matters in sufficient detail to enable Landlord to confirm that Tenant is discharging its maintenance and other obligations under this ILEC Master Lease; provided, however, Tenant shall not be required to collect or report any information that it does not regularly collect and report for use in its oversight of operations of facilities comparable to the Distribution Systems which Tenant or any of its Subsidiaries owns. Without limiting the provisions of Section 24.1, Landlord’s shall have the right to inspect the Leased Property from time to time and/or request information from Tenant, upon reasonable advance notice to Tenant, to confirm that Tenant is discharging its maintenance obligations under this ILEC Master Lease. (c) Landlord shall not under any circumstances be required to (i) build or rebuild any improvements on the Leased Property; (ii) make any repairs, replacements, alterations, upgrades, restorations or renewals of any nature to the Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto; or (iii) maintain the Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law in effect at the time of the execution of this ILEC Master Lease or hereafter enacted. (d) Nothing contained in this ILEC Master Lease and no action or inaction by Landlord shall be construed as (i) constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof or any Capital Improvement thereto; or (ii) giving Tenant any right, power or permission to contract for repairs or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord in respect thereof or to make any agreement that may create, or in any way be the basis for, any right, title, interest, claim or other Encumbrance upon the estate of Landlord in the Leased Property, or any portion thereof or upon the estate of Landlord, if any, in any Capital Improvement thereto. (e) Tenant acknowledges and maintenance agrees that all system maps and records for the Distribution Systems are the property of the HVAC system Landlord and shall be maintained by Tenant within Tenant’s engineering systems and records during the Term. Tenant shall provide Landlord with electronic access to Landlord a copy of the service contract along with written details of any system maps and all scheduled records for the Distribution Systems and other repairs and maintenance performed on the HVAC system within ten (10) days of the date copies of such performance. system maps and records, in each case, pursuant to an arrangement mutually acceptable to both parties. (f) Tenant shall, upon the expiration or sooner earlier termination of this Leasethe Term, (a) vacate and surrender the Premises Leased Property (including all Capital Improvements, subject to the provisions of Article X), in each case with respect to such ILEC Facility, to Landlord in good conditionthe condition in which such Leased Property was originally received from Landlord and Capital Improvements were originally introduced to such ILEC Facility, broom cleanexcept as repaired, rebuilt, 4646 restored, altered or added to as permitted or required by the provisions of this ILEC Master Lease and except for ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provide an electronic copy of (or mutually acceptable access arrangement for) all system maps and records for the Distribution Systems to Landlord or the Successor Tenant, provided however, that in subparagraph 6(a) abovethe case where Tenant has exercised the right to extend the Term of this ILEC Master Lease for less than all of the Leased Property in accordance with Section 1.4, Tenant shall repair only be required to surrender the Leased Property and maintain the structural portions system maps and records related to the maintenance and operation for the Non-Renewal Leased Properties upon the expiration or earlier termination of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectthen current Term. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession A. Lessor shall be responsible for all major maintenance and repair of the PremisesDemised Premises during the term of this Lease. For purposes of this subsection, Tenant shall be deemed to have accepted the Premises as being in good order, condition "major maintenance and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the " includes maintenance, repair and replacement of any storefrontall exterior walls and ceilings; exterior siding; all exterior and interior framing, doorssprinkler systems, floors, foundation, window casementsglass (unless damage to window glass was the fault of Lessee), glazingwindow frames or other structural repairs or maintenance necessitated by structural disrepair or structural Lease Agreement defects; roof and roofing materials; HVAC systems; all electrical, plumbing, pipesdrainpipe, gutter, sewer or septic services leading to and from or located throughout the building and serving the Demised Premises. Major maintenance and repair does not include painting or other ordinary and routine maintenance or repair of floor coverings or Lessee fixtures or trade fixtures or as othe1wise described below. B. Lessee shall notify Lessor of the need for any exterior maintenance or repair, and Lessor's responsibility to maintain or repair shall not arise until such notice has been given. C. Lessee shall be responsible for ordinary and routine interior maintenance of the Demised Premises during the term of this Lease and any renewal of this Lease; additionally, that Lessee shall also be responsible for repairing routine plumbing defects or electrical wiring defects inside the interior walls, floors and conduitsceilings of the Demised Premises. If Lessee fails to provide the ordinary and routine maintenance services as required under this Lease, then Lessor may, after giving Lessee written notice of Lessor's election to do so, and the heating failure of Lessee to provide for such ordinary and air conditioning (“HVAC”) systemroutine maintenance, arrange for such maintenance to be provided on behalf of and for the account of Lessee. Tenant shall obtain a service contract for repairs and In such event, maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises fees shall be repaired at the sole cost paid for by Lessee as Additional Rent and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There payment 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, due promptly upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation receipt of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure therefor. D. Lessee agrees that no signs shall be an event placed or painting done on or about the Demised Premises by Lessee or at Lessee's direction without the prior, express, and written consent of default hereunderLessor except for small signs identifying Lessee and any sublessee. Lessor hereby expressly consents to Lessee posting signs required by local, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair state or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedfederal law.

Maintenance and Repair. (a) Subject 1. The Landlord covenants and agrees to Landlord’s limited obligations under subparagraph 6(a)keep in good order and repair at their expense, by taking possession the roof, supporting structures, exterior walls, downspouts, elevator, public address system, boilers, air conditioning, sewer pumps, hot water heaters, parking lots, sidewalks, gymnasium, bathrooms, hallways, gas, sewer and water lines, relating to both the exterior of the Building outward to the main connections and the interior of the Leased Premises, provided that any maintenance or repair above-referenced is not necessitated by any fault or negligence on the part of the Tenant or any party by virtue of the Tenant’s use or occupancy of the Leased Premises, in which case the Tenant shall be deemed responsible for such maintenance and repair at the Tenant’s expense. The Landlord shall be responsible for replacing any heating, plumbing or electrical units, appliances or systems that cannot reasonably be repaired and the malfunction of which is not caused by the Tenant’s negligence or willfulness. The Landlord shall further be responsible to have accepted maintain the grounds and lands surrounding the Building of which the Leased Premises as being is a part. 2. Unless provided otherwise herein, the Tenant shall faithfully maintain and keep in good order, condition and repairrepair all portions of the Leased Premises and appurtenances thereto not addressed by the Landlord as provided herein, which the Tenant’s responsibilities shall include, but not be limited to, the entrances, doors, fixtures, lighting, and improvements (to the extent installed by Tenant) of the Leased Premises. The Tenant shall also faithfully maintain and keep clean and free from any and all accumulations of trash, debris and/or rubbish all interior and exterior portions of the Leased Premises and the appurtenances thereto. Moreover, the Tenant shall, at Tenant’s sole cost the expiration of the Term hereof, surrender the Leased Premises, together with any alterations, improvements and expense, keep the Premises and every part thereof any other property belonging to Landlord thereon in as good condition and repair, including without limitation, the maintenance, repair and replacement as clean as at the commencement of any storefrontsaid Term, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract except for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary reasonable wear and tear and damage subject acts of God. 3. The parties agree that should the Landlord fail to Paragraph 24 excepted. Except for damage subject to Paragraph 24maintain and repair those items that it is responsible for, any damage caused by Tenant’s use of the Premises Tenant may, but shall be repaired under no obligation to, undertake such maintenance and repair and offset the cost of said maintenance and repair against future Rent. The Tenant shall provide the Landlord with copies of any invoices or costs associated with such maintenance and repair at the sole cost time such maintenance and expense of Tenantrepair is performed. (b) Except as specifically provided in subparagraph 6(a) above4. The parties further agree that should the Tenant fail to maintain and repair those items that it is responsible for, Tenant the Landlord may, but shall be under no obligation to, undertake such maintenance and repair and maintain add the structural portions cost of the Building, including the exterior walls said maintenance and roofrepair to future Rent. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, The Landlord shall provide the Tenant with written notice copies of any invoices or costs associated with such refusal maintenance and repair at the time such maintenance and repair is performed. 5. The Tenant must pay for all repairs, replacements and damages caused by the act or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to of the Tenant for any loss or damage it may accrue to the Tenant’s merchandisedirectors, fixtures officers, agents, students, employees, invitees or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall licensees. 6. The Landlord must pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for replacements and damages caused by the repairs act or any interest thereon until the dispute is finally determined; providedneglect of Landlord or Landlord’ directors, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedofficers, agents, students, employees, invitees or licensees.

Maintenance and Repair. (a) Subject Except for damages caused by the negligence or willful misconduct of Lessor, its agents, employees, contractors or invitees, Lessee shall, at all times during the Lease and at its own cost and expense, maintain, repair and make replacements to Landlordthe Property (which shall include, by way of illustration and not limitation, Lessor’s equipment, the heating, plumbing, and electrical systems, windows (including but not limited obligations under subparagraph 6(ato window seals) and other structural components of the Improvements and the roof of the Improvements, parking areas and driveways (including sealing and striping at times and frequencies as is customary for similar buildings in the same metropolitan area), by taking possession of walkways, landscaping, painting and carpeting within the PremisesImprovements, Tenant shall be deemed to have accepted as well as performing necessary snow and ice removal and garbage collection) so that the Premises Property and all portions thereof are maintained in at least as being in good order, condition and repair as evidenced by that certain Property Condition Report, dated October 3, 2013 (the “Report”) prepared by IVI Assessment Services, Inc., being Project No. PC30905913, a copy of which is attached hereto as Exhibit E, reflecting the current condition of the Property; together with maintaining in good order and repair all of the “Repair Items” set forth in Section 8.2(b) below, as further detailed in the Report, from and after the date such Repair Items are completed at the Property; but in all cases less ordinary wear and tear, functional obsolescence due to age and casualty. The condition of the Property per the Report, plus the Repair items and less wear and tear, functional obsolescence due to age and casualty being referred to hereafter as the “Standard”. The parties acknowledge that Lessee’s repair and maintenance obligations under this Section 8.2(a) shall be measured against the Standard. Subject to Lessee’s obligations under Section 8.2(b) hereafter, Lessee shall only be obligated to repair, replace and maintain the Property in at least as good condition as measured against the Standard. Tenant shallSubject to the provisions of this Section 8.2 and the Standard, Lessee shall make and perform all day-to-day maintenance and repairs at Tenantthe Property and pursue Warranty Claims at Lessee’s sole cost and expenseexpense so that the Property, including the Repair Items, is maintained consistent with the Standard. Subject to the Standard, Lessee shall make all such repairs to the Property, including the Repair Items, and shall keep the Premises Property, including the Repair Items, clean, neat, safe, sanitary, and every part thereof in good condition and repair, including without limitation, the maintenanceorder, repair and replacement of any storefrontcondition, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, including both the inside and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantoutside. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, 10.1 Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repairand, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Leaselease, surrender leave the Premises to Landlord and the areas adjacent thereto and everything appurtenant thereto in a clean and tidy condition and in good conditionand tenantable repair, broom clean, ordinary reasonable wear and tear and damage subject to Paragraph 24 by fire, lightning and tempest only excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use At the termination of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) abovehis occupancy, Tenant shall repair be allowed to remove all trade fixtures that it provided, and maintain these trade fixtures must be identified to Landlord in writing prior to their arrival on or in the structural portions Premises so that Landlord and Tenant will have no dispute as to whether the particular fixture or personal property is to remain Tenant's property or become Landlord's property following the termination or expiration of this Lease. Any costs to remove such fixtures will be Tenant's responsibility, and removal shall not harm the Premises or the Mill or disrupt Landlord's use of any part of the Building, including Mill. 10.2 Tenant shall permit Landlord and its agents to enter upon the exterior walls Premises at all reasonable times for the purpose of viewing the condition thereof and roofTenant shall execute forthwith all reasonable repairs and works required to be done by written notice given by or on behalf of Landlord. Landlord If Tenant shall not within 30 days after service of such notice, commence and proceed diligently with the execution of the reasonable repairs and works mentioned in such notice, it shall be liable lawful for Tenant’s failure Landlord to make enter upon the Premises and execute such repairs or to perform any maintenance. There and works, and the cost thereof shall be no abatement forthwith payable by Tenant and recoverable by Landlord as rent in arrears. 10.3 Tenant, upon notice and with consent, not to be unreasonably withheld, shall permit Landlord or its agent to enter upon the Premises at any reasonable time and from time to time for the purpose of Rent inspecting 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 to the Premises or to any portion other part of the Building or the Premises or in or to fixturesMill, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated entitled to pay compensation for the repairs any reasonable inconvenience, nuisance or any interest thereon until the dispute is finally determined; provided, that discomfort occasioned thereby. 10.4 Tenant shall deposit not permit, suffer or allow any waste or damage, disfiguration or injury to the disputed amount with Premises or the Landlord until fixtures and equipment thereof, or permit or suffer any overloading of the dispute is resolved.floors thereof

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep maintain the Premises and every part thereof Building in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary reasonable wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject Tenant waives all rights to Paragraph 24make repairs at the expense of Landlord. If Landlord would be required to perform any maintenance or make any repairs because of: (a) modifications to the roof, any damage caused walls, foundation, and floor of the Building from that set forth in Landlord’s plans and specifications which are required by Tenant’s use of the Premises shall be repaired at the sole cost design for improvements, alterations and expense of Tenant. additions; (b) Except as specifically provided in subparagraph 6(ainstallation of Tenant’s improvements, fixtures, or equipment; (c) abovea negligent or wrongful act of Tenant or Tenant’s Permittees; or, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for (d) Tenant’s failure to make such repairs or to perform any maintenanceof Tenant’s obligations under this Lease, Landlord may perform the maintenance or repairs and Tenant shall pay Landlord the cost thereof. There shall be no abatement Tenant agrees to: (a) Pay Landlord’s cost of Rent maintenance and no liability of Landlord by reason repair, including additional janitorial costs of any injury to Non-Building Standard Improvements and Non-Building Standard materials and finishes and (b) Repair or interference with replace all ceiling and wall finishes (including painting) and floor or window coverings which require repair or replacement during the Lease Term, at Tenant’s business arising from sole cost. Notwithstanding anything in this Lease to the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereincontrary, to the reasonable satisfaction extent the terms and provisions of LandlordArticle 22 conflict with, Landlord or are inconsistent with, the terms and provisions of this Article 17, the terms and provisions of Article 22 shall provide Tenant with written notice of any such refusal or neglect and control. Tenant shall repair any item mentioned in said notice within thirty (30) days thereaftertake all reasonable precautions to insure that the Premises are not subjected to excessive wear and tear, i.e. chair pads should be utilized by Tenant to protect carpeting. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs be responsible for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, touch-up painting in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of Premises throughout the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLease term.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of By its entry into the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Demised Premises and every part thereof in good condition and repair, including without limitation, the maintenance, replacement and repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Demised Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any Any damage caused by Tenant’s use of the Demised Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Demised Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from annum. (d) Landlord agrees to perform once during the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to term hereof any major repair or maintain any aspect of restoration to the parking lot on the Premises, then if Landlord makes any repairsprovided such repair or restoration is not caused by Tenant’s failure to perform routine maintenance on said parking lot, Tenant which routine maintenance shall include periodic re-sealing as required but not less frequently than every two years, and the prompt repair of cracks, potholes, or other similar minor defects. Landlord’s obligation pursuant to this paragraph shall not be obligated extend to pay for the repairs striping or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedre-striping said parking lot.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep maintain the Premises and every part thereof Building in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary reasonable wear and tear and damage subject to Paragraph 24 excepted. Except Tenant waives all rights to make repairs at the expense of Landlord unless Landlord fails to commence repairs within 5 business days of Tenant’s request for damage subject repair (or 1 business day if immediate repair is necessary for Tenant’s un-interrupted occupancy of the Premises). If Landlord would be required to Paragraph 24perform any maintenance or make any repairs because of: (a) post-Commencement Date modifications to the roof, any damage caused walls, foundation, and floor of the Building from that set forth in Landlord’s plans and specifications which are required by Tenant’s use of the Premises shall be repaired at the sole cost design for improvements, alterations and expense of Tenant. additions; (b) Except as specifically provided in subparagraph 6(ainstallation of Tenant’s improvements, fixtures, or equipment; (c) abovea negligent or wrongful act of Tenant or Tenant’s Permittees; or, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for (d) Tenant’s failure to make such repairs or to perform any maintenanceof Tenant’s obligations under this Lease, Landlord may perform the maintenance or repairs and Tenant shall pay Landlord the cost thereof. There shall be no abatement Tenant agrees to: (a) Pay Landlord’s cost of Rent maintenance and no liability of Landlord by reason repair, including additional janitorial costs of any injury to Non-Building Standard Improvements and Non-Building Standard materials and finishes and (b) Repair or interference with replace all ceiling and wall finishes (including painting) and floor or window coverings which require repair or replacement during the Lease Term, at Tenant’s business arising from sole cost. Notwithstanding anything in this Lease to the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereincontrary, to the reasonable satisfaction extent the terms and provisions of LandlordArticle 22 conflict with, Landlord or are inconsistent with, the terms and provisions of this Article 17, the terms and provisions of Article 22 shall provide Tenant with written notice of any such refusal or neglect and control. Tenant shall repair any item mentioned in said notice within thirty (30) days thereaftertake all reasonable precautions to insure that the Premises are not subjected to excessive wear and tear, i.e. chair pads should be utilized by Tenant to protect carpeting. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs be responsible for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, touch-up painting in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of Premises throughout the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLease term.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)A. Tenant will, by taking possession at Tenant's sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of the Premisesthis Lease. In particular, Tenant shall be deemed to have accepted keep the fixtures on the Premises as being in good order, condition order and repair; keep the heating and / or air conditioning units clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant’s 's sole cost and expense, keep make all required repairs to the plumbing, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Tenant's misuse, waste, or neglect, or that of the Tenant's employees, agents, or visitors. B. Tenant agrees that signs of a non-permanent nature may be placed on or about the Premises and every part thereof in good condition and repair, including by Tenant without limitation, the maintenance, repair and replacement prior written consent of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of TenantLandlord. (b) Except as specifically provided in subparagraph 6(a) above, C. Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. agrees to promptly notify Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair of any damage, defect or maintain any aspect destruction of the Premises, then if or the failure of any of Landlord's appliances or mechanical systems, and except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord makes any repairsshall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system. D. Except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord will make its best efforts to repair or replace such damaged or defective area, appliance or mechanical system within 48 hours of notification, or within a timeframe negotiated with Tenant. When serious repairs or maintenance is required, Landlord shall inform Tenant of the time required to complete such repairs and / or maintenance, and shall make all efforts to complete the work within the agreed timeframe. F. Landlord agrees that when Landlord does not respond in good faith to Tenant’s notification, or when repairs or maintenance are not completed within the agreed timeframe, Tenant shall not be obligated to may contract and pay for the repairs repair or any interest thereon until maintenance services, and that such payments shall be deducted from the dispute is finally determined; provided, following lease payment. Landlord also agrees that Tenant shall deposit may include an administrative fee of 10% of the disputed amount with value of the Landlord until the dispute repair and maintenance service contract or US $100, whichever is resolvedmore.

Maintenance and Repair. (ai) Subject Except for any Alterations that Tenant is permitted to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premisesmake pursuant to this Lease, Tenant shall be deemed at all times, including any Requisition period, at its sole cost and expense, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations, structural components and other Improvements on the Leased Premises) and, subject to have accepted Paragraph 11(a)(iii) below, the Premises as being Equipment in good order, the same condition and order of repair as exists as of the Commencement Date of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. Except as specifically set forth in this Lease, Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain the Leased Premises or Adjoining Property in any way, and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may be provided for in any Law now or hereafter in effect. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, proper and workmanlike manner. (ii) With respect to the Equipment, Tenant, at Tenant’s sole cost and expense, keep shall: (1) make no additions or alterations without Landlord’s prior written consent; (2) not do or permit to be done anything prejudicial to Landlord’s title to the Premises Equipment; and every part thereof in good condition and repair, including without limitation(3) not remove any such Equipment or deliver any such Equipment to anyone but Landlord or Landlord’s designee. (iii) Notwithstanding the provisions of Paragraph 11(a)(i) above, the maintenanceLandlord shall maintain, repair and replacement of replace the underground storage tank(s) and any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring appurtenances connected thereto including but not limited to lines and conduits, dispensing equipment (but excluding nozzles and hoses) located at the heating and air conditioning Location (the “HVACLandlord Equipment”) system. Tenant shall obtain a service contract for repairs as determined by Landlord and maintenance of the HVAC system and shall provide as necessary to keep such Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord Equipment in good operating condition, broom clean, if the need for any repair or replacement is due to ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.the

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession A. It shall be the sole responsibility and obligation of the Premises, Tenant LESSEE to provide all necessary maintenance and care for the leased facilities so as to enable the LESSEE to operate the same without hazard to the health and safety of the public and patrons. B. LESSEE shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, also provide at Tenant’s its sole cost and expense, necessary maintenance to grounds, providing necessary cutting of grass, and keep the Premises stands and every part thereof other facilities in general good condition repair. C. LESSEE shall, at its sole cost and repair, including without limitation, the maintenanceexpense, repair and replacement of any storefrontmaintain all plumbing and electrical facilities. D. LESSEE, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the its sole cost and expense of Tenantexpense, shall maintain and keep the premises, including stands and associated facilities, in such repair and condition as to comply with any state and any other governmental requirements for safety and proper operation for recreational purposes. E. LESSEE, at is sole cost and expense, shall be responsible for all alterations and improvements made to the demised premises, however, any alteration or improvements which shall exceed in costs the sum of One Thousand Dollars (b$1,000.00) Except as specifically provided shall be subject to the approval of the LESSOR. F. It is understood and agreed that in subparagraph 6(a) abovethe event of severe flood damage to the demised premises, Tenant shall the LESSEE, at its sole option, may repair and maintain restore the structural portions of the Buildingdemised premises, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 repairsif it so desires, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal refuse or neglect and Tenant to do so. The LESSEE shall repair any item mentioned notify the LESSOR in said notice writing within thirty (30) days thereafterof the flood damage as to its intentions to repair and/or restore the demised premises. If Tenant has IF the LESEE notifies the LESSOR that it does not made such repairs within the 30-day periodintend to repair and/or restore, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant then this Lease shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereofautomatically terminate. In the event Tenant does not pay such xxxx that the LESSEE notifies the LESSOR of its intentions to repair and restore demised premises after severe flood damage, but fails to do so within ten one hundred and eighty (10180) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premisesafter said damage, then if Landlord makes the LESSOR shall have the right to do so, and in that event, this Lease shall automatically terminate without any repairs, Tenant shall not be obligated to pay for further action on the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedpart of either party.

Maintenance and Repair. The Landlord will pay the Tenant an annual fee (a) Subject to Landlord’s limited obligations under subparagraph 6(a“the Annual Repair Fee”), by taking possession of the Premises, Tenant . The initial Annual Repair Fee shall be deemed to have accepted Four Hundred and Twenty Six Pounds and Thirty Three xxxxx (£426.33) per annum exclusive of Value Added Tax for the Premises as being remaining financial year, payable before the Date of Entry. The Annual Repair Fee will be payable annually thereafter on 1st April in good order, condition and repaireach year during the lease term. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage The Annual Repair Fee will be subject to Paragraph 24 exceptedannual review by the Tenant. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of The Tenant will give the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with prior written notice of any increase in the Annual Repair Fee. The Annual Repair Fee will cover (1) routine internal repairs of a cost of up to £500 (including VAT and any admin charge) per repair required during the Term to bring the subjects of let up to the standards set out in the property specification adjusted and agreed between the parties prior to the Date of Entry (“the Specification”), (2) internal repairs caused by accidental or malicious damage to the subjects of let (excluding any damage to the structure of the subjects of let or the Building (as herein defined) or any mains services serving the subjects of let) and (3) external, non-structural repairs of damage caused to the subjects of let by the Tenant (but only to the extent, if any, that such refusal or neglect external, non-structural repairs are not covered by the landlord’s policy of insurance in respect of the subjects of let and Tenant shall repair any item mentioned in the said notice within thirty (30) days thereafter. If Tenant policy of insurance has not made such repairs been vitiated or the payment of policy monies thereunder refused as a result of the act, default or omission of the Tenant). For the avoidance of doubt the Annual Repair Fee will not cover (1) any works involving the treatment, making safe, capping, removal or disposal of asbestos or which otherwise relate in any way to asbestos situated at or within the 30-day periodsubjects of let (such works hereinafter defined as “Asbestos Works”) or (2) any works to maintain, repair, replace or reinstate boundary fences, walls or xxxxxx (such works hereinafter defined as “Boundary Works”). Asbestos Works and Boundary Works are expressly excluded from Council Repairs as hereinafter defined and are (under the sole exception of routine trimming of xxxxxx not exceeding 1.5 metres in height) the sole responsibility of the Landlord, The foregoing repairs covered by the Annual Repair Fee are hereinafter referred to as “Council Repairs”. Council Repairs will be arranged and paid for by the Tenant. The cost of each Council Repair will be based on the Tenant’s standard of works and schedule of rates for repairs. The Tenant will be the sole judge as to the costs of Council Repairs. For the avoidance of doubt, all Council Repairs and / or any works carried out by the Tenant to repair and / or replace any items whatsoever in or on the subjects of let will be carried out with such materials and products and to such standards as are employed by the Tenant when carrying out equivalent or comparable repairs or works to the Tenant’s Local Authority housing stock. The Tenant will be the sole judge as to whether Council Repairs and / or any works carried out by the Tenant to repair and / or replace any items whatsoever in or on the subjects of let have been carried out satisfactorily. The Annual Repair Fee is not refundable in any circumstances, including but not limited to the termination of the Lease by either party. All repairs which are not Council Repairs will be the responsibility of the Landlord. All repairs other than Council Repairs are hereinafter referred to as “Landlord Repairs”. Without prejudice to the foregoing generality, Landlord may Repairs shall include but not be limited to (a) internal routine repairs of a cost of more than £500 necessary to bring the subjects of let up to the standards set out in the Specification (declaring for the avoidance of doubt that the Council will have no liability for any part of the costs of such repairs); (b) replacement of heating systems, pipe work, re-wiring and similar installations (either in whole or in part) through wear and tear; (c) repairs of a structural nature; (d) repairs to mains services serving the subjects of let; (e) repairs required to maintain the subjects of let in a wind, watertight, safe and secure condition; (f) any factoring charges, (g) repairs required to maintain external paths, steps, access-ways and driveways pertaining to the subjects of let, (h) any out of hours and emergency repairs required to make the subjects of let safe and prevent further damage to the subjects of let in accordance with health and safety requirements and (i) all other external repairs to the subjects of let other than external damage to the subjects of let caused due to the act, default or omission of the Tenant (except where the repair of such repairs damage as is contemplated in this point (i) is covered by the landlord’s policy of property insurance (save to the extent to that such policy or property insurance is vitiated or payment of the policy moneys thereunder is withheld as a result of the act, default or omission of the Tenant) . The Tenant will notify the Landlord if a Landlord Repair is required and will endeavour (but without liability any obligation on the Tenant to do so) to provide the Landlord at the same time with an estimate of the repair cost. Where the Tenant provides the Landlord with an estimate of the repair cost, the estimate will include an administration fee of 12.5% of the estimated repair cost, subject to a cap of £50 on the administration fee. The Landlord must, whether or not an estimate of the cost of the repair is provided to the Landlord and within 24 hours of being notified by the Tenant of a Landlord Repair falling within the definition of Emergency Repairs in Landlord Information Pack Appendix 2 as hereinafter defined, confirm that it consents to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay carrying out the said repair at the Landlord’s costs cost, failing which the Landlord will be deemed to undertake to arrange to carry out the said repair itself. The Landlord must, whether or not an estimate of the cost of the repair is provided to the Landlord and within 3 Working Days of being notified by the Tenant of any Landlord Repair other than those falling within the definition of Emergency Repairs in Landlord Information Pack Appendix 2 as hereinafter defined, confirm that it consents to the Tenant carrying out the said repair at the Landlord’s cost, failing which the Landlord will be deemed to undertake to arrange to carry out the said repair itself. For the purposes of the foregoing two paragraphs, Working Day shall mean any day from Monday to Friday inclusive other than days which are bank holidays in Falkirk. Where the Landlord elects (or is deemed so to elect) to arrange itself for making a Landlord Repair to be carried out such repairs upon presentation Landlord Repairs must be carried out within the timescales annexed and executed as relative hereto (“Landlord Information Pack, Appendix 1”). The Landlord and its contractor will be entitled to access the subjects for the purposes of a xxxx thereofcarrying out and inspecting Landlord Repairs, subject always to complying with the conditions specified in Clause (TENTH) of this Lease relating to Landlord’s access to the subjects of let. The Tenant reserves the right to inspect Landlord Repairs. In the event that the Landlord fails to carry out and complete any Landlord Repair within the aforementioned timescales, the Tenant does not will have the right forthwith to carry out and complete the Landlord Repair in question and recover the cost of doing so (plus, in additional an administration fee (capped at £50) of 12.5% of the repair cost) from the Landlord, who must pay such xxxx all sums due in terms of this condition within ten (10) 14 days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the noticedemand. Notwithstanding the foregoingterms of two immediately preceding paragraphs, where a Landlord Repair is reported as an emergency, urgent or out of hours repair, the Tenant will be responsible for responding to the repair request in so far as is required to make safe the subjects of let and prevent further damage to the subjects of let. The Landlord will in any instance reimburse the Tenant within 14 days of demand the Tenant’s whole proper and reasonable costs incurred in terms of this paragraph, said costs to be based on the Tenant’s standard of works and schedule of rates for repairs. Where the Landlord appoints its own contractor to undertake a gas or electrical repair, the Tenant will instruct all appropriate gas safety or electrical safety checks upon completion of the repair and the Landlord will pay the Tenant the cost of such gas safety and/or electrical safety checks within 14 days of demand. Where a repair is communal the Landlord will be responsible for liaising with all other relevant owners and any property factor to ensure that any such common repairs are carried out in accordance with all legal requirements applicable to such common repairs. Any dispute arising between the Tenant and the Landlord in relation to repairs shall be referred for resolution in the event that Tenant in good faith disputes Landlordfirst instance to the Tenant’s claim that Tenant has failed to repair Director of Corporate and Housing Services or maintain any aspect the appointed officer of the Premisessame. If the said Director or appointed officer as the case may be cannot resolve the dispute, then if Landlord makes any repairsit may be referred for resolution to an independent surveyor or other expert appointed by the Tenant. Where the independent surveyor or expert is unable to resolve the dispute, Tenant shall not be obligated to pay for the repairs or any interest thereon until either party may refer the dispute is finally determined; providedfor resolution to an Arbiter to be agreed upon by the parties and failing agreement between the parties as to who the Arbiter should be, that Tenant shall deposit to be chosen by the disputed amount with the Landlord until the dispute is resolved.Sheriff Principal of Tayside, Central and

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of By its entry into the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises in its AS IS condition and as being in good order, condition and JD Tenant’s Initials THL repair. Tenant shall, at Tenant’s sole cost and expense, keep the Demised Premises and every part thereof in good first class condition and repair, including without limitation, the maintenance, replacement and repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Demised Premises to Landlord in good first class condition, in working order, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any Any damage caused by Tenant’s use of the Demised Premises or otherwise occurring during the Lease Term shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls walls, roof, parking areas, and roofexterior portions of the Property. Landlord shall not be liable for Tenant’s failure to make such any repairs or to perform any maintenance. 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 Building or the Demised Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain or make any required replacements to the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord Landlord, in addition to all other rights and remedies available to Landlord, may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedannum.

Maintenance and Repair. (a) Subject to 9.1 Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition 's Maintenance and repairRepair Obligations. Tenant Landlord shall, at Tenant’s sole cost subject to Section 9.2, Article XII and expenseArticle XIII, keep the Premises and every part thereof maintain in good condition and repairrepair the roof (including any skylights, but including without limitationas needed any replacement thereof), the maintenanceexterior walls, repair structural components and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions foundation of the Building, including utility systems within the structural components of the Building and the Common Areas, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior walls of the Building and roofclean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole discretion. Landlord shall also provide maintenance and repair services to the electrical, plumbing, and mechanical systems serving the Premises. Landlord shall not be required to make any repairs to the roof, exterior walls, foundation or any systems within the Premises unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. The cost of any maintenance and repairs on the part of Landlord provided for in this Section 9.1 shall be considered part of Project Costs, except that repairs which Landlord deems arise out of any gross negligence or willful misconduct of Tenant or Tenant's Agents shall be made at the expense of Tenant. Landlord's obligation to so repair and maintain the premises shall be limited to the cost of effecting such repair and maintenance and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Tenant, by taking possession at its sole cost and expense, shall keep all portions of the PremisesProperty and the FFF&E and all private roadways, Tenant shall be deemed to have accepted the Premises as being parking surfaces, sidewalks and curbs appurtenant thereto in good order, condition and repair. Except as may otherwise be expressly provided to the contrary in this Section 10.1 and in Articles 14, 15, or 16, Tenant shallshall with reasonable promptness, at Tenant’s sole cost and expense, keep the Premises make all necessary and appropriate repairs and replacements thereto of every part thereof in good condition kind and repairnature, including without limitationwhether interior or exterior, the maintenancestructural or nonstructural, repair and replacement of any storefrontordinary or extraordinary, doorspatent or latent, window casements, glazing, plumbing, pipes, electrical wiring and conduitsforeseen or unforeseen, and regardless of the heating cause necessitating repair. Tenant’s duty to maintain the Property and air conditioning (“HVAC”) systemthe FFF&E shall include such actions as are needed in the reasonable judgment of Tenant to be consistent with standards and practices in the industry to prevent the deterioration of the Property. Tenant shall obtain also be obligated at its expense to make all repairs, modifications and renovations necessary to comply with all licensing, safety and health and building codes and regulations applicable to the Facility so that the Facility can be legally operated for its Permitted Use(s). Tenant shall be obligated to repair at Tenant’s sole cost and expense any damage to any portion of the Land, the improvements thereon and the Facility caused by cave ins, collapse of sub surface support, subsidence of the surface of the land, the extraction of minerals from the Land (whether through the surface of the Land or by mining) but specifically excluding any damages arising from cave ins, collapse of sub surface support, subsidence of the surface of the land and/or the extraction of minerals from the Land (whether through the surface of the Land or by mining) occurring pursuant to any reserved mineral rights in any deed running from Seller, as grantor, to Landlord, as grantee, or to Seller or any predecessor in title). All repairs by Tenant shall be made 05191N:091419:828868:7:NASHVILLE in a service good and workmanlike manner using materials of good quality. Tenant shall not take or omit to take any action, the taking or omission of which would materially impair the value or the usefulness of all or any portion of the Property and the FFF&E for the Permitted Use(s). (b) Landlord shall not under any circumstances be required to build or rebuild the Facility, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Property, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, patent or latent, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, nor shall Landlord under any circumstances be required to maintain the Property or any portion thereof in any way or manner whatsoever. Tenant hereby waives, to the fullest extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law or equitable principle in effect at the time of the execution of this Lease or hereafter enacted. Landlord shall have the right to give, record and post, at the Facility and otherwise, as appropriate, notices of non-responsibility under any construction or mechanic’s lien laws now or hereafter existing, and any other notices of a similar nature that Landlord may reasonably elect to give, record or post from time to time during the Term. Use of casualty insurance proceeds held by Landlord shall be handled as provided in Article 15. (c) Notwithstanding anything to the contrary set forth in this Section 10.1 or elsewhere in this Lease, in the event of any damage occurs during the Term or Extended Term of this Lease that is described in either the Repair Agreement or the Soffit Repair Letter, Tenant shall be obligated to repair at Tenant’s sole cost and expense any such damage, in which case Tenant shall be entitled to pursue any claims which Tenant may have against the Seller or any other party (with the exception of Landlord) arising under the Repair Agreement and/or the Soffit Repair Letter. In the event Landlord, either at its election and/or at Tenant’s request and at Tenant’s cost and expense, pursues any claim which Landlord may have against the Seller or any other party arising under the Repair Agreement and/or Soffit Repair Letter, Landlord shall pay to Tenant from any proceeds received by Landlord, Tenant's actual repair costs to the extent Tenant is not otherwise reimbursed by Seller or any other party. (d) Nothing contained in this Lease, and no action or inaction by Landlord, shall be deemed or construed in any manner as (i) constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to all or any portion of the Property or the FFF&E or (ii) giving Tenant any right, power or permission to contract for repairs and maintenance or permit the performance of any labor or services or the furnishing of any materials or other property in such a manner as would permit the making of any claim against Landlord or Landlord’s interest in any portion of the HVAC system and Property or the FFF&E with respect 28 05191N:091419:828868:7:NASHVILLE thereto, or to make any agreement that may create, or in any way may be the basis for the assertion of any right, title, interest, lien, claim or other encumbrance upon the estate of Landlord in all or any portion of the Property or the FFF&E. (e) Upon Landlord’s written request at the expiration of the Term or earlier termination of this Lease, Tenant shall provide to Landlord a copy of schedule listing the service contract along with written details of any and all scheduled and other repairs and maintenance performed on FFF&E which exists at the HVAC system within ten Facility. (10f) days of the date of such performance. Tenant shall, upon the expiration or sooner earlier termination of this Lease, vacate and surrender the Premises Facility and all FFF&E to Landlord in good conditionthe condition in which the Facility was originally received from Landlord, broom cleanexcept as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Lease, and except for casualty, condemnation or ordinary wear and tear and damage (but subject to Paragraph 24 excepted. Except for damage the obligation of Tenant under this Section to maintain the Property in good order, condition and repair during the entire Term of this Lease) and subject to Paragraph 24the provisions of this Lease with respect to casualties, any damage caused by Tenant’s use insurance proceeds and condemnation and containing such Inventory to operate the Facility in the ordinary course of business for a period of no less than seven (7) days after the Premises shall be repaired at the sole cost and expense expiration or earlier termination of Tenantthis Lease. (bg) Except The maintenance and repair obligations of Tenant under this Section 10.1 shall survive the expiration or earlier termination of this Lease as specifically provided in subparagraph 6(a) above, Tenant shall regards any condition requiring repair and maintain the structural portions which existed as of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event such expiration or termination notwithstanding that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall such condition is not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the discovered by Landlord until after the dispute is resolveddate of such expiration or termination.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the provide all normal maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring the exterior and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building and common areas such as lobbies, stairs, corridors, common rest rooms, roof, elevators and escalators. Notwithstanding anything contained in this Lease to the contrary, Landlord shall bear all cost and expense of and shall perform all acts necessary to bring the New Premises into compliance with the Americans With Disabilities Act of 1991, as amended (together with all applicable regulations, the "ADA") as of the first day of the Term, and shall bear all cost and expense of and shall perform all construction and work required by the ADA to be performed in the Premises as a result of the performance of the Tenant Improvements. Thereafter, Tenant shall be responsible for complying with all ADA requirements relating to the Premises and Landlord shall be responsible for complying with all ADA requirements applicable to common areas of the Building. Except to the extent that Landlord is obligated to furnish maintenance, repair and painting of portions of the Premises pursuant to this Paragraph and to repair damage by fire or other casualty pursuant to Paragraph 21, Tenant, at its sole cost, shall maintain and repair the Xxxxxxxx xxx xxxxxxise keep the Premises in good order and repair, but all workmen, artisans and contractors employed for such purposes shall be obtained through or specifically approved by Landlord prior to the commencement of any work on the Premises. The Building, including the exterior walls common area and roofthe surrounding area of which the Building and the Premises are a part shall at all times be maintained by Landlord in a commercially reasonable manner consistent with the manner in which quality projects of a similar type, character and location are maintained. Landlord shall not be liable for Tenant’s failure promptly commence and diligently pursue to make such completion the performance of all repairs or to perform any maintenance. There shall be no abatement of Rent and no liability maintenance that are the responsibility of Landlord by reason of any injury under the Lease. Subject to or interference with Tenant’s business delays arising from the making Acts of any repairsGod, alterations shortages of labor or improvements in materials, war, or to any portion of the Building other similar or the Premises dissimilar conditions or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to events beyond the reasonable satisfaction control of Landlord, if Landlord shall provide Tenant with written notice of any fail to fulfill its obligations under this Paragraph and such refusal or neglect and Tenant failure shall repair any item mentioned in said notice within continue for more than thirty (30) days thereafterdays' after receipt of written notice from Tenant, Tenant may perform such maintenance and/or repair and Landlord shall reimburse Tenant for the reasonable cost thereof upon demand. If Landlord shall schedule all repairs and maintenance, except in emergencies, with reasonable notice to Tenant has not made such repairs within the 30-day periodand shall, Landlord may make such repairs without liability to the Tenant for any loss extent reasonably possible, conduct the same before or damage it may accrue after normal business hours so as to minimize disruption of Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved's business.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant 7.01 LESSEE shall, throughout the LEASE TERM, at Tenant’s LESSEE'S sole cost and expense, keep the Premises and every part thereof maintain in good condition good, safe and repair, including without limitation, the maintenancelawful order, repair and replacement of any storefrontcondition, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsthe LEASED PREMISES, and LESSEE shall not commit or suffer any waste with respect thereto, except, LESSEE may modify the heating premises with LESSOR's consent, which shall not be unreasonably withheld. LESSEE shall promptly make all repairs to the LEASED PREMISES, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the LEASED PREMISES in good and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs lawful order and maintenance of in the HVAC system and shall provide to Landlord a copy of same condition as the service contract along with written details of any and all scheduled and other repairs and maintenance performed LEASED PREMISES were on the HVAC system within ten (10) days of the commencement date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom cleanhereof, ordinary wear and tear and damage subject to Paragraph 24 from casualty beyond LESSEE's control excepted. Except for damage subject When used in this ARTICLE VII, the term "repairs" shall be deemed to Paragraph 24include replacements, restorations and/or renewals when necessary of any damage caused by Tenant’s use fixtures that are part of the Premises LEASED PREMISES. LESSEE shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair keep and maintain the structural all portions of the BuildingLEASED PREMISES in a clean and orderly condition, free of accumulation of dirt and ntbbish and shall be responsible for snow removal. The LESSEE shall not permit or suffer the overloading of any floor of the building that is apart of the LEASED PREMISES. 7.02 LESSEE shall permit LESSOR and the authorized, representative of LESSOR and of any fee mortgagee to enter the LEASED PREMISES at all reasonable times during business hours for the purpose of inspecting the repair and condition of all or any part thereof. Further, if LESSEE shall fail to perform any repairs, restoration or other work which LESSEE is obligated to perform under this LEASE and such detult is not remedied within the applicable grace period provided therefor in this LEASE, or at any other time in the case of an emergency, LESSOR and its authorized representatives shall have the right to enter the LEASED PREMISES and to perform such work. Any amount paid by LESSOR for any of said purposes, and all necessary and incidental costs and expenses (including counsel fees) of LESSOR in connection therewith, shall be due and payable by LESSEE to LESSOR as additional rent Nothing in this Section 7.02 shall imply any duty upon the exterior walls part of LESSOR to do any such work or to make any alterations, repairs (including but not limited to repairs and roofother restoration work made necessary due to any fire or other casualty), additions or Improvements to the LEASED PREMISES, of any kind whatsoever. The performance thereof by Landlord shall not constitute a waiver of LESSEE's default in failing to perform the same. During the progress of any such work, LESSOR may keep and store on the LEASED PREMISES all necessary materials, supplies, equipment and tools. LESSOR shall not in any event be liable for Tenant’s failure to make such repairs any inconvenience, annoyance, disturbance, loss of business or to perform other damage of LESSEE or any maintenance. There shall be no abatement other occupancy of Rent and no liability of Landlord the LEASED PREMISES or part thereof, by reason of any injury to making repairs or interference with Tenant’s business arising from the making performance of any repairswork on the LEASED PREMISES or on account of bringing or keeping materials, alterations supplies, and equipment into, on or improvements in tough the LEASED PREMISES, during the course the LEASED PREMISES or to any portion part thereof, by reason of the Building making repairs or the Premises performance of any work on the LEASED PREMISES or in on account of bringing or to fixtureskeeping materials, appurtenances supplies, and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any lawinto, statute on or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain through the PremisesLEASED PREMISES, as required herein, to during the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion course thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation and the obligations of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant LESSEE under this LEASE shall not thereby be obligated to pay for the repairs or affected in any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedmanner whatsoever.

Maintenance and Repair. (a) Subject A. Lessor shall be obligated to Landlord’s limited obligations under subparagraph 6(a)repair and maintain only the foundation, by taking possession exterior walls, and exterior roof of the Premises. Provided, Tenant however, if the need for such maintenance and repairs is caused, in whole or in part, by the act, neglect, fault or omission of any duty by Lessee, its agents, employees, and/or invitees, or by breaking and entering, in which event(s) such maintenance and repairs shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, obligation of Lessee at Tenant’s sole Lessee's cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord X. Xxxxxx shall not be liable for Tenant’s any failure to make such repairs or to perform any maintenancemaintenance unless such failure shall persist for an unreasonable period of time after written notice of the need of such repairs or maintenance is given Lessor by Xxxxxx. There shall be no abatement of Rent rent and no liability of Landlord Lessor by reason of any injury to Xxxxxx's business or any interference with Tenant’s business Xxxxxx's uses of the Premises arising from Lessor's making any repairs and/or performing any maintenance in/on/to/for either the making Premises or any of the improvements located therein/thereon or any appurtenances thereto. Lessor shall not be responsible in any way whatsoever for any acts or omissions on the part of any repairssub-Lessees, alterations tenants, and/or any other third parties. C. During the Term hereof, Lessor shall not, under any circumstances, be obligated to make any alterations, additions, or improvements in modifications in, on or to any portion part or all of the Building or the Premises or in in, on or to fixturesany one or more of the improvement(s) located therein or thereon, appurtenances or to any of the facilities appurtenant thereto, as said Premises, improvements and equipment therein. Tenant waives appurtenant facilities exist(ed) at the time this Lease was entered into or as such may exist, at any right time and from time to make repairs at Landlord’s expense under any lawtime, statute or ordinance now or hereafter in effectduring the Term hereof. (c) If Tenant refuses or neglects X. Xxxxxx hereby agrees to maintain in good repair or maintain the Premisesand in a clean and orderly condition any common areas, as required hereinpublic access areas, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date public areas of the notice. Notwithstanding the foregoing, in the event Airport essential to Lessee’s operations that Tenant in good faith disputes Landlordconform with Lessor’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedand applicable FAA construction specifications.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep maintain the Premises and every part thereof Building in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary reasonable wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject Tenant waives all rights to Paragraph 24make repairs at the expense of Landlord. If Landlord would be required to perform any maintenance or make any repairs because of: (a) modifications to the roof, any damage caused walls, foundation, and floor of the Building from that set forth in Landlord’s plans and specifications which are required by Tenant’s use of the Premises shall be repaired at the sole cost design for improvements, alterations and expense of Tenant. additions; (b) Except as specifically provided in subparagraph 6(ainstallation of Tenant’s improvements, fixtures, or equipment; (c) abovea negligent or wrongful act of Tenant or Tenant’s Permittees; or, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for (d) Tenant’s failure to make such repairs or to perform any maintenanceof Tenant’s obligations under this Lease, Landlord may perform the maintenance or repairs and Tenant shall pay Landlord the cost thereof. There shall be no abatement Tenant agrees to: (a) Pay Landlord’s cost of Rent maintenance and no liability of Landlord by reason repair, including additional janitorial costs of any injury to Non-­Building Standard Improvements and Non-Building Standard materials and finishes and (b) Repair or interference with replace all ceiling and wall finishes (including painting) and floor or window coverings which require repair or replacement during the Lease Term, at Tenant’s business arising from sole cost. Notwithstanding anything in this Lease to the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereincontrary, to the reasonable satisfaction extent the terms and provisions of LandlordArticle 22 conflict with, Landlord or are inconsistent with, the terms and provisions of this Article 17, the terms and provisions of Article 22 shall provide Tenant with written notice of any such refusal or neglect and control. Tenant shall repair any item mentioned in said notice within thirty (30) days thereaftertake all reasonable precautions to insure that the Premises are not subjected to excessive wear and tear, i.e. chair pads should be utilized by Tenant to protect carpeting. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs be responsible for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, touch-up painting in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of Premises throughout the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLease term.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession A. Upon completion of the Premisesconstruction of the Improvements, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant Ground Lessee shall, at Tenant’s sole cost and its own expense, keep Site 6 and the Premises Improvements thereon maintained in a neat, clean, safe and every part thereof sanitary condition. Ground Lessee shall, at its own expense, maintain the landscaped and undeveloped areas of Site 6 in good condition a clean, sanitary, orderly and repairneat condition, including and free from rubbish and debris. Ground Lessee shall also, at its own expense, at all times keep Site 6 and the Improvements thereon free from infestation of pests and conditions which might result in harborage for, or infestation of, pests. (Pests shall include, without limitation, rodents, insects and birds in numbers to the maintenanceextent that a nuisance is created.) Ground Lessee shall keep the glass of all windows and doors on the Improvements clean and presentable, repair shall maintain and replacement keep Site 6 in a good state of repair, shall commit no waste of any storefrontkind, doorsand, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and without limiting the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance generality of the HVAC foregoing, shall replace all cracked or broken glass in the Improvements, shall keep the electrical system and all drains clean and in a good state of repair, shall provide to Landlord a copy protect all sprinkler systems and all pipes and drains so that they will not freeze or become clogged. Ground Lessee shall replace any of the service contract along with written details of Improvements, or any and all scheduled and other repairs and maintenance performed on fixtures or equipment related to the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises Improvements, which become worn out, deteriorated, unsafe or unusable and shall be repaired replace such Improvements, fixtures and equipment with at least as good a quality as was originally constructed and installed. B. Ground Lessee shall keep the fee title of Site 6 free and clear of any liens and encumbrances arising out of or otherwise related to the use and occupancy of Site 6 or Improvements by Ground Lessee. Ground Lessee shall also keep Site 6 and the Improvements free and clear of all mechanics' liens incurred by or resulting from acts of Ground Lessee. At the City's request, Ground Lessee shall furnish the City with written proof of payment of any item that would or might constitute the basis for such a lien on Site 6 or the Improvements if not paid. If any mechanics' lien is filed, Ground Lessee at its sole cost and expense shall institute an action to cause the removal or discharge of Tenantsuch lien or other procedures to ensure the prompt removal thereof. The City may, at the City’s option, first order the lienor to release the lien under Arizona law providing that public property is not subject to mechanics’ liens. (b) Except as specifically provided in subparagraph 6(a) above, Tenant C. Ground Lessee shall also be wholly responsible to maintain and repair and maintain the structural portions integrity (including foundations, bearing columns, bearing walls and exterior walls) and the roof of any building or other structure that is one of the BuildingImprovements, including the exterior walls and roofto maintain and repair utility services and lines located on Site 6. Landlord Ground Lessee shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There shall be have 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under claim any law, statute monies or ordinance now charges incurred for maintenance and repair of on-site utilities as a deduction or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain offset against the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures rent or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be charges Ground Lessee is obligated to pay for to the repairs or any interest thereon until City under the dispute is finally determined; providedGround Lease. Ground Lessee acknowledges that Ground Lessee has inspected Site 6 and accepts Site 6 "as is, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedwhere is."

Maintenance and Repair. 1. Repairs and Maintenance by Lessee (a) Subject to Landlord’s Lessee shall at all times at its own expense keep and maintain the Leased Premises (including, but not limited obligations under subparagraph 6(a)to, by taking possession all entrances and the inside and outside of all glass in the Premisesdoors and windows and all partitions, Tenant shall be deemed to have accepted the Premises as being in good orderdoors, condition fixtures, signs, equipment and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part appurtenances thereof in good condition order and repairrepair and in a neat, including safe, clean and orderly condition, including, but not limited to , making all non-structural ordinary and extraordinary, foreseen and unforeseen repairs and replacements to the Leased Premises, including, without limitation, repairs and replacements to the maintenanceplumbing and sewage facilities within the Leased Premises or under the floor slab including free flow up to the main sewer line, repair and replacement of any storefrontelectrical, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating ventilation and air conditioning systems and escalators and elevators, if any, and mechanical systems and installations therein, provided however that Lessee shall not be responsible for any repairs or defects caused by faulty construction by Lessor and Lessor agrees to repair or correct the same. Lessee shall not overload the electrical wiring serving the Leased Premises or within the leased Premises, and will install at its own expense but only after obtaining Lessor's written approval, which shall not be unreasonably withheld, any additional electrical wiring which may be required in connection with the Leased Premises. (“HVAC”b) system. Tenant Lessee will repair promptly at its own expense any damage (whether structural or non-structural) to the leased Premises caused by any construction or alterations performed by Lessee or bringing into the Leased Premises any property for Lessee's use, or by the installation or removal of such property, regardless of fault or by whom such damage shall obtain a service contract for repairs and maintenance be caused, unless caused solely by the negligence of Lessor or its servants or employees. (c) In the HVAC system and shall provide event Lessee defaults in the performance to Landlord a copy of the service contract along with written details Lessor's satisfaction of any of its obligations under this Section 1, and all scheduled and other repairs and maintenance performed on the HVAC system within such default continues for a period of ten (10) days of the date of such performance. Tenant shallafter written notice from Lessor ( except that in an emergency no notice shall be required), upon the expiration or sooner termination of Lessor, in addition to Lessor's other remedies under this Lease, surrender the Premises to Landlord at law or in good conditionequity, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. may (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord but shall not be liable for Tenant’s failure obligated to make do so) cure such repairs or to perform default on behalf of Lessee without any maintenance. There shall be no abatement of Rent and no liability of Landlord by reason of any injury Lessor, its agents, servants, employees, contractors or subcontractors for damage to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s Lessee's merchandise, fixtures or other property or to Tenant’s Lessee's business by reason thereof andthereof, and Lessee shall reimburse Lessor, as Additional Rent, upon completion thereofdemand, Tenant shall pay Landlord’s for any sums paid or costs for making incurred in curing such repairs upon presentation default, plus administrative costs of Lessor in a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled sum equal to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen twenty percent (1820%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedsuch sums and costs.

Maintenance and Repair. (a) Subject Landlord shall not be required to Landlord’s limited obligations under subparagraph 6(a)make any improvements, by taking possession replacements or repairs of the Premises, Tenant shall be deemed any kind or character to have accepted the Premises as being in good order, condition and repairduring the terms of this Lease. Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep, maintain, repair and replace the Premises in a clean, safe, sanitary condition, substantially similar to that as of the date hereof, and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s sole cost and expenseobligations hereunder shall include, keep the Premises and every part thereof in good condition and repair, including without limitationbut not be limited to, the maintenance, repair repair, and replacement, if necessary, of the roof, foundation, parking and access areas, structures, and all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all walls, partitions, doors and windows, including the regular painting thereof, all entrances, windows, doors and docks and the replacement of any storefrontall broken glass. When used in this provision, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsthe term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs be equal in quality and maintenance of class to the HVAC system original work. The Tenant shall keep and shall provide to Landlord a copy of the service contract along with written details of any and maintain all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use portions of the Premises shall be repaired at and the sole cost sidewalk and expense areas adjoining the same in a clean and orderly condition, free of Tenant. (b) Except as specifically provided in subparagraph 6(a) aboveaccumulation of dirt, Tenant shall repair rubbish, snow and maintain the structural portions of the Building, including the exterior walls and roofice. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant fails, refuses or neglects to maintain or repair or maintain the Premises, Premises as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written in this Lease after notice of any such refusal or neglect default and Tenant expiration of grace period, if any, shall repair any item mentioned have been given Tenant, in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day periodaccordance with this Lease, Landlord may make such repairs without liability to the Tenant for any loss or damage it that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof andthereof, and upon completion thereof, . Tenant shall pay Landlord’s to Landlord all costs plus eight percent (8%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of a xxxx thereoftherefor. In the event Tenant does not pay such xxxx within ten Within twelve (1012) days months of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoinghereof, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed agrees to repair or maintain any aspect of replace the roof on the 5,000 square foot building located on the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted Lessee acknowledges that it has received the Premises as being in good order, condition order and repair. Tenant shallLessee, at Tenant’s sole cost and its own expense, keep will maintain all parts of the Premises and every part thereof in good repair and condition and repairwill take all action and will make all structural and nonstructural, including foreseen and unforeseen and ordinary and extraordinary changes and repairs that may be required to keep all parts of the Premises in good repair and condition (including, without limitation, the maintenanceall painting, repair and replacement of any storefrontglass, doorsutilities, window casements, glazing, plumbing, pipes, electrical wiring and conduits, fixtures and the equipment, foundation, roof, exterior walls, heating and air conditioning (“HVAC”) systemsystems, wiring, plumbing, sprinkler systems and other utilities, and all paving, sidewalks, roads, parking areas, curbs and gutters and fences). Tenant Lessor shall obtain a service contract for repairs and maintenance not be required to maintain, repair or rebuild all or any part of the HVAC system and shall provide Premises. Lessee waives the right to Landlord a copy of the service contract along with written details of require Lessor to maintain, repair or rebuild all or any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use part of the Premises shall be repaired or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirement, agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the Replacement of or major repairs to all structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There mechanical systems shall be no abatement of Rent undertaken by Lessee at its sole cost and no liability of Landlord expense. Such replacements shall be made pursuant to and in accordance with plans and specifications approved in advance by reason of any injury Lessor as required for Major Alterations, such approval not to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectbe unreasonably withheld. (c) If Tenant refuses or neglects Lessee shall have the benefit of, and the right to repair or maintain enforce, all builders' and manufacturers' warranties issued for the Premises, benefit of the Premises so long as required herein, Lessee is not in default under the terms of this Lease and all costs of Lessor's cooperation are borne by Lessee. Lessor agrees to promptly cooperate with Lessee to the reasonable satisfaction extent necessary or desirable to enforce the provisions of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafterall warranties. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.3

Maintenance and Repair. (a) 11.1 Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession the provisions of the PremisesSection 11.2 below, Tenant shall be deemed to have accepted the Premises as being keep in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep repair the Premises and every part thereof in good condition fixtures therein and, subject to the provisions of Article 17 and repairArticle 18 below, including without limitation, shall reimburse Landlord for all repairs thereto or to the maintenance, repair and replacement Building which are made necessary as a result of any storefrontmisuse or neglect by Tenant or any of its officers, doorsagents, window casementsemployees, glazingcontractors, plumbinglicensees, pipesvisitors, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration guests or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantinvitees. (b) Except as specifically provided in subparagraph 6(a) above11.2 Subject to the provisions of Article 17 and Article 18 hereof, Tenant Landlord shall repair and maintain the structural portions components of the Building and public areas, and all components of the plumbing, air conditioning and electrical systems serving the Premises that are concealed or used in common by tenants of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s any failure to make such any repairs or to perform any maintenancemaintenance unless such failure shall persist for a commercially unreasonable time after written notice of the need for such repairs or maintenance is received by Landlord. There Except as provided in Article 17 and Article 18 hereof, there shall be no abatement of Rent rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements improvements; provided, however, that in making such repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Tenant waives the benefit of any present or future law which might give Tenant the right to repair the Premises at Landlord's expense or to any portion terminate the Lease because of the Building or condition of the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectthe Building. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted at all times maintain the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Leased Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintain or enforce its rights concerning maintenance of the HVAC system Adjoining Property in as good repair and shall provide appearance as they are in on the date hereof and fit to Landlord a copy be used for their intended use in accordance with the better of the service contract along practices generally recognized as then acceptable by other companies in its industry or observed by Tenant with written details respect to the other real properties owned or operated by it, and, in the case of any and all scheduled and other repairs and maintenance performed the Equipment, in as good mechanical condition as it was on the HVAC system within ten (10) days later of the date hereof or the date of such performance. Tenant shallits installation, upon except (as to the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, Leased Premises) for ordinary wear and tear and damage casualty damage, subject in such event to Paragraph 24 exceptedTenant's restoration obligations under Paragraphs 17 and 19. Except Tenant shall take every other action necessary or appropriate for damage subject to Paragraph 24, any damage caused by Tenant’s use the preservation and safety of the Premises Leased Premises. Tenant shall be repaired at the sole cost and expense of Tenant.promptly make all (b) Except as specifically provided in subparagraph 6(a) aboveIf any Improvement, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. constructed, shall (ci) If Tenant refuses encroach upon any setback or neglects to repair any property, street or maintain right-of-way adjoining the Leased Premises, as required herein(ii) violate the provisions of any restrictive covenant affecting the Leased Premises, (iii) hinder or obstruct any easement or right-of-way to which any of the Leased Premises is subject or (iv) impair the rights of others in, to the reasonable satisfaction or under any of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in Tenant shall, promptly after receiving notice thereof, either (A) obtain from all necessary parties waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation, hindrance, obstruction or impairment, whether the event that Tenant in good faith disputes same shall affect Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant or both, or (B) take such action as shall not be obligated necessary to pay for the repairs remove all such encroachments, hindrances or any interest thereon until the dispute is finally determined; providedobstructions and to end all such violations or impairments, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedincluding, if necessary, making Alterations.

Maintenance and Repair. A. Owner will provide normal maintenance of the Unit without additional charge to Tenant, except for repairs made necessary by the misuse of the Unit by Tenant or Tenant's guests. B. It is tenants responsibility to replace all interior light bulbs (a) Subject see Off Campus Philly Welcome Packet for further details). C. Tenant shall be financially responsible for all repairs to Landlordthe Premises and fixtures required as a result of damage caused by Tenant's improper conduct, misuse, waste or neglect, or that of the Tenant's family, agent or visitor. Tenant agrees pay for these repairs and damages upon demand for payment from Owner. This cost is considered additional rent and will be due with the next month’s limited obligations under subparagraph 6(arent payment following receipt of demand for payment by Owner. Tenant agrees that the cost for these repairs and damages may also be deducted from Tenant’s security deposit. It shall be Owner’s choice whether to demand immediate payment or deduct repair costs from Tenant’s security deposit. Tenant may make non-technical basic repairs on his/her own provided Tenant receives prior written consent from Owner to make such repairs. If Tenant does not complete repairs within a reasonable time, Owner will pay to have the repairs completed and Tenant will be responsible for payment as set forth above in this section 13(C). D. Tenant agrees that no additional painting will be done beyond the confines of this lease on or about the Premises without the prior consent of Owner. E. Tenant shall promptly notify Owner, by taking possession directly or through Management Company, of any damage, defect or destruction of the Premises, or failure of any of the appliances or equipment. Owner will use his best efforts to repair or replace any such damaged or defective area, appliance or equipment. Should Owner undergo repairs or renovations that would disturb the peace of an individual tenant or require their movement to a different room in the house, the Owner will provide 7 days notice to the tenant and assistance in the move within the house. F. Repairs of appliances will be fixed at owners discretion, owner does not guarantee operability of any water features on refrigerator. Water filters in refrigerators are tenants responsibility. G. Tenant shall be deemed agrees not to have accepted put or pour any debris, grease, paper towels, Q-tips, tampons, newspaper, food, or any other matter in the Premises as being in good ordersink, condition and repairdrain or toilets. Tenant shallagrees to not slam washer and dryer doors or fail to empty their pockets when loading the washer causing blockages in the pipes. Tenant agrees to pay the entire cost on bills for all services resulting from clogged pipes/sewer back-up or overflowing showers, at sinks, washers, dryers, bathtubs or other appliances due to these issues, including but not limited to neglect or misuse by Tenant. Cost is final and binding as per the determination of private contractor who makes the repair. H. Tenant must not overload electrical circuits. Only two electrical operated items may be plugged in any electrical receptacle. Electrical circuits overloaded or damaged by DJ equipment or other such major electrical consuming equipment will be paid by tenant. I. Tenant agrees to immediately tell Owner of any dangerous or defective conditions around the Property or in the leased property. If Tenant fails to do so, Tenant is responsible for all injury or mishap caused by the dangerous or defective conditions J. Owner is not responsible for any inconvenience or loss that power outages or repairs might cause. Including but not limited to loss of food in the refrigerator and freezer K. Whether Tenant experiences mold growth in the Unit depends largely on how Tenant manages and maintains his or her household, and on whether Tenant provides prompt notice to Owner of mold growth. Tenant’s sole cost cleaning and expense, keep maintenance obligations regarding the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsUnit, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and Owner’s maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shallobligations, upon the expiration or sooner termination of are specified in this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear . Owner and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord Agent shall not be liable responsible for any injuries or damages to Tenant or any other person relating to mold caused, in whole or in part, by Tenant’s failure to make such clean and maintain Unit as herein required or as is reasonable, or failure to promptly notify Owner of conditions in need of repair or maintenance that may be causing the mold growth. L. Management Company Owner defers to the managers of Off Campus Philly property management company to act as the owner’s representative and to manage repairs specified here in this lease. Off Campus Philly is authorized to enforce all terms of this lease, including but not limited to: I. Tenant must report maintenance or repair issues through the online portal only. Text messages and phone calls are to perform any maintenancebe used only in emergencies and will not be accepted as a form of notification for a non-emergency maintenance and repair issue. II. There shall be no abatement of Rent Tenant acknowledges that submitting a request through the online portal gives permission to enter and no liability of Landlord by reason of any injury serves as notice for management company to or interference with Tenant’s business arising arrive at the premises to inspect and/or repair the reported condition from the making of any repairs, alterations or improvements in or moment request ticket is received to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect72 hours time thereafter. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to a. Tenant is aware of the condition of the premises and accepts the premises in its “as-is” condition. Tenant is responsible for ensuring that the condition of the premises complies with all applicable federal, state and local laws. Landlord shall be responsible for remediating any environmental conditions on, about or under the premises arising out of Landlord’s limited obligations under subparagraph 6(a)ownership that are in violation of any federal, by taking possession of the Premisesstate or local laws; except however, Tenant shall be deemed to have accepted responsible for remediating any environmental conditions on, about or under the Premises as being premises arising out of its use and/or occupancy, including that which preceded Landlord’s ownership of the premises, that are in violation of any federal, state or local laws. b. Tenant shall keep and maintain in good order, condition and repair. Tenant shallrepair (except for reasonable wear and tear) all portions of the premises, at Tenant’s sole cost structural and expense, keep the Premises and every part thereof in good condition and repairotherwise, including without limitation, the maintenanceall fixtures, repair and replacement of any storefrontinterior walls, doorsfloors, window casementspainting, glazingceilings, plumbing, pipesrodent control, electrical wiring glass, roof, exterior walls, water lines, electric service, drainage, pathways, heating, ventilating and conduitssewage facilities serving the leased premises, landscaping, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of sidewalks adjacent to the HVAC system and shall provide premises. c. As to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed perimeter fence on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) abovepremises, Tenant shall repair and maintain be responsible for maintaining the structural portions inside of the Buildingperimeter fence and Landlord shall be responsible for maintaining the outside of the perimeter fence which faces the Harrison Park Xxxx Xxxxxxx Fields. If the entire perimeter fence or any portion thereof requires repair or maintenance to both the inside and the outside, including Landlord and Tenant shall divide the cost of repair or replacement equally. In the event of such damage to both the inside and outside of the perimeter fence, Tenant shall notify Landlord within twenty-four (24) hours of its occurrence. Landlord reserves the right to paint or stain the exterior walls and roofof the perimeter fence. d. Tenant shall make all required repairs upon written demand by Landlord based on Landlord’s inspection. Landlord shall not be liable for Tenant’s failure Failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the noticeLandlord's written demand shall constitute a default by Xxxxxx. Notwithstanding Tenant may execute separate contracts apart from this lease with the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs City or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedlicensed contractor to perform required maintenance work.

Maintenance and Repair. (a) Subject Except to Landlord’s limited obligations under subparagraph 6(a)the extent of such items of cleaning service as may be supplied by the Port Authority as stated in the Section of this Agreement entitled "Services and Utilities", by taking possession the Lessee shall at all times keep the premises in a reasonably clean and orderly condition and appearance, together with all fixtures, equipment and personal property of the Premises, Tenant shall be deemed to have accepted Lessee located in or on the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repairpremises, including without limitation, limitation thereto the maintenance, repair interior surface of windows and replacement both sides of any storefront, all entrance doors, . Nothing in this Section shall require the Lessee to clean the exterior surface of window casements, glazing, plumbing, pipes, electrical wiring and conduits, and glass in the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantpremises. (b) Except Subject to the provisions of the Section of this Agreement entitled "Casualty" and the Section of this Agreement entitled "Insurance", the Lessee shall repair, replace, rebuild and paint all or any part of the premises which may be damaged or destroyed by the wilful misconduct or negligent acts or omissions of the Lessee, its officers, members, employees, agents, representatives, contractors, customers, guests, invitees or other persons who are doing business with the Lessee or who are on or at the premises (other than the Port Authority or any of its Commissioners, members, officers, employees, agents, representatives or contractors) and the Lessee shall repair, replace, rebuild and paint all or any part of the World Trade Center which may be damaged or destroyed by the wilful misconduct or negligent acts or omissions of the Lessee, its officers, members, employees, agents, representatives or contractors, provided, that nothing in this paragraph (b) is intended, or shall be deemed, to increase, decrease or otherwise alter the obligations of the Lessee or the Port Authority in the event that the premises or the World Trade Center are damaged by a casualty, which obligations shall be as specifically provided in subparagraph 6(a) above, Tenant shall repair the Sections of this Agreement entitled "Casualty" and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect"Insurance". (c) If Tenant refuses Subject to the provisions of the Section of this Agreement entitled "Casualty" and, the Section of this Agreement entitled "Insurance", the Lessee shall take good care of the premises, including therein, without limitation thereto, walls, partitions, floors, ceilings, doors and columns, and all parts thereof, and all equipment and fixtures, and except to the extent the same is the responsibility of the Port Authority pursuant to the express provisions of this Agreement, shall do all preventive maintenance and make all necessary non-structural repairs, replacements, rebuilding and painting necessary to keep each Area of the premises in the condition existing on the Commencement Date for that Area and to keep any improvements, additions and fixtures made or neglects installed during the term of the letting in the condition they were in when made or installed except for reasonable wear and tear which does not adversely affect the watertight condition or structural integrity of the Building. Nothing set forth in this paragraph (c) is intended or shall be deemed to impose upon the Lessee an obligation to maintain, repair, replace or rebuild any portion of the exterior building walls other than the interior drywall or gypsum board surfaces thereof (and without limiting the foregoing the Lessee shall not be required to repair the exterior, structural portions or maintain the Premiseswindow glass forming a part of such exterior walls), as required hereinfloor slabs, structural steel members and core walls or to rebuild, repair or replace (except for damage thereto caused by the willful misconduct or negligent acts or omissions of the Lessee, its officers, directors, members, agents, contractors and representatives): (1) the perimeter convector units in the premises; (2) the vertical aspects of any utility, mechanical, electrical, communication and other systems passing through the premises which provide services and utilities to the reasonable satisfaction Lessee or other parties of Landlordthe premises; and (3) the utility, Landlord shall mechanical, electrical, communication and other systems outside of the premises which provide Tenant with written notice of any such refusal or neglect services and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability utilities to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property premises or to Tenant’s business clean the exterior side of exterior building walls, unless such walls, slab, members or systems shall have been damaged by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date willful misconduct or negligent acts or omissions of the notice. Notwithstanding Lessee, its officers, members, employees, agents, representatives or contractors, in which case the foregoingLessee shall have the obligations set forth in paragraph (b) of this Section, nor is anything set forth in paragraph (b) of this Section or in this paragraph (c) intended nor shall it be deemed to increase, decrease or otherwise alter the obligations of the Lessee and the Port Authority in the event that Tenant the premises or the World Trade Center are damaged by a casualty, which obligations shall be as provided in good faith disputes Landlord’s claim that Tenant has failed to repair the Sections of this Agreement entitled "Casualty" and "Insurance", nor shall anything in this Section increase, decrease or maintain any aspect otherwise alter the obligations of the PremisesLessee and the Port Authority set forth in of the Section of this Agreement entitled "Port Authority Work", then if Landlord makes any repairsincluding without limitation thereto the parties' obligations set forth therein relating to the abatement of Hazardous Materials, Tenant nor shall not be obligated anything in this Section relieve the Lessee from the obligation to pay for obtain the repairs or any interest thereon until approval of the dispute is finally determined; provided, that Tenant shall deposit Port Authority under the disputed amount with circumstances described in the Landlord until Section of this Agreement entitled "Construction by the dispute is resolvedLessee".

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shallLessee, at Tenant’s sole Lessee's own cost and expense, will repair and maintain the Aircraft during the term of this Lease so as to keep the Premises it in as good and every part thereof in good safe operating condition as when delivered by Lessor to Lessee, ordinary wear and repairtear from use and ordinary deterioration excepted. Lessee will pay all costs and expenses of replacement parts and accessories, including without limitationtransportation charges thereon. Lessee will be entitled to any and all salvage from broken or worn out parts. The workers who inspect, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsmaintain, and repair the heating Aircraft on Lessee's behalf will not be employees of Lessor, but will at all times be employees of Lessee or independent contractors, and air conditioning (“HVAC”) systemLessor will have no control or authority to direct, employ, discharge or pay compensation to such employees. Tenant shall obtain a service contract for repairs Subject to the foregoing limitations, Lessee agrees to indemnify Lessor against any liability arising from the negligent repair and maintenance of the HVAC system Aircraft, as well as from failure to repair and shall provide to Landlord a copy maintain the Aircraft, and also against any claim or liability arising out of the service contract along with written details repair work, and the delivery of any material to and all scheduled and other repairs from the place where such repair and maintenance work is performed. All inspections, repairs, modifications, maintenance, and overhaul work to be accomplished by Lessee will be performed on by personnel certificated to perform such work and will be performed in accordance with the HVAC system within ten (10) days standards set by the Federal Aviation Regulations. Lessee will maintain all log books and records pertaining to the Aircraft during the term of this Lease in accordance with the date of such performanceFederal Aviation Regulations. Tenant shallSuch records will be made available for examination by Lessor, upon and Lessee, at the expiration or sooner termination of this Lease, surrender the Premises will deliver such records to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 exceptedLessor. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises SECTION NINE DEFAULT AND REMEDY Lessee shall be repaired at in breach of this Lease if Lessee defaults in the sole cost performance of any of its obligations under this Lease and expense such default continues for five (5) days after receipt by Lessee of Tenant. written notice thereof from Lessor, unless such default shall be of such a nature that the same cannot be completely remedied or cured within such five (b5) Except as specifically provided in subparagraph 6(a) aboveday period, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord then such default shall not be liable a breach of this Lease for Tenant’s failure the purposes of this Section if Lessee shall have commenced curing such default within such five (5) day period and shall proceed with reasonable diligence and in good faith to make such repairs or to perform any maintenance. 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 remedy the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereofdefault. In the event Tenant does of any breach by Lessee, Lessee shall not pay fly the Aircraft and Lessor shall have the right to repossess the Aircraft without further demand, notice or court order, or other process of law and Lessor shall have the right to terminate this Lease immediately. Exercise by Lessor of either or both of the rights specified above shall not prejudice Lessor's right to pursue any remedy available to Lessor in law or equity. Lessor shall be in breach of this Lease if Lessor defaults in its obligations under this Lease and such xxxx within ten default continues for five (105) days after receipt by Lessor of its receiptwritten notice thereof from Lessee, unless such failure default shall be an event of such a nature that the same cannot be completely remedied or cured within such five (5) day period, then such default hereunder, Landlord shall not be entitled to utilize all a breach of its remedies herein this Lease for the purposes of this Section if Lessor shall have commenced curing such default within such five (5) day period and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant proceed with reasonable diligence and in good faith disputes Landlord’s claim that Tenant has failed to repair remedy the default. In the event of any breach by Lessor, Lessee shall have the right to terminate this Lease immediately and to pursue any remedy available to Lessee in law or maintain equity. Exercise by Lessee of any aspect of the Premises, then if Landlord makes rights specified above shall not prejudice Lessee's right to pursue any repairs, Tenant other remedy available to Lessee in law or equity. The failure of either party to enforce strictly any provision of this Lease shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant construed as a waiver thereof and shall deposit the disputed amount not preclude such party from demanding performance in accordance with the Landlord until the dispute is resolvedterms hereof.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession a. The Company has inspected and knows the condition of the Leased Premises and accepts them in their present "As Is" condition, including all defects, latent or otherwise, existing as of the Lease commencement. The City hereby assigns to the Company any and all warranties that it has with respect to the roof and all other improvements, on or about the Leased Premises. b. The Company shall maintain, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expensereplace, keep the Premises and every part thereof in good condition and repairrepair the improvements located upon the Leased Premises, and every part thereof, including without limitationdriveways, parking areas, roof, sprinkler system and all plumbing, heating, electrical, air conditioning and ventilating systems, whether or not the need for such maintenance, replacement or repair occurs as a result of Company's use, or any prior use, the maintenanceelements or other casualty. City shall have no obligation to maintain, replace or repair the Leased Premises or any part thereof. c. The Company may, from time to time, make reasonable alterations to the improvements located upon the Leased Premises in a good and replacement workmanlike manner. Any such alterations shall comply with all applicable requirements of law, including all applicable codes of the City. The Company shall have no right, however, to make any change, alteration or addition to such improvements that would impair the structural soundness thereof. All costs of such work shall be paid promptly by the Company so as to prevent the assertion of any storefrontliens for labor or materials. d. The Company shall have the right to place or install upon the Leased Premises such trade fixtures and equipment as it shall deem desirable or necessary for the conduct of its business and, doorsprovided the Company is not then in default hereunder, window casementsat the expiration of the Lease Agreement, glazing, plumbing, pipes, electrical wiring Company may remove from the Leased Premises all trade fixtures and conduitsequipment that were placed or installed upon the Leased Premises, and the heating and air conditioning (“HVAC”) system. Tenant Company shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, repair any damage caused by Tenant’s use the removal thereof. e. At the end of the Lease Agreement, by lapse of time or otherwise, the Company will quit and surrender the Leased Premises in as good condition as they were in at the commencement hereof, reasonable wear and tear excepted. All alterations, additions, erections or improvements upon the Leased Premises at the end of this Lease Agreement, except trade fixtures and equipment, shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions become a part of the Building, including the exterior walls Leased Premises and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There shall be no abatement surrendered with the Leased Premises. Should the Company fail to remove any such trade fixtures or equipment on or before the end of Rent this Lease Agreement, then the same shall be considered as abandoned and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from become the making of any repairs, alterations or improvements in or to any portion property of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determinedCity; provided, however, that Tenant the Company shall deposit have 30 days to remove said trade fixtures or equipment following the disputed amount with the Landlord until the dispute is resolvedtermination or expiration of this Lease Agreement. f. The Company shall be responsible for all snow and ice removal, grounds and lawn maintenance, and landscaping.

Maintenance and Repair. (a) 11.1 Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession the provisions of the PremisesSection 11.2 below, Tenant shall be deemed to have accepted the Premises as being keep in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep repair the Premises and every part thereof in good condition fixtures therein and, subject to the provisions of Article 17 and repairArticle 18 below, including without limitation, shall reimburse landlord for all repairs thereto or to the maintenance, repair and replacement Building which are made necessary as a result of any storefrontmisuse or neglect by Tenant or any of its officers, doorsagents, window casementsemployees, glazingcontractors, plumbinglicensees, pipesvisitors, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration guests or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenantinvitees. (b) Except as specifically provided in subparagraph 6(a) above, Tenant 11.2 Subject to the provisions of Article 17 and Article 18 hereof Landlord shall repair and maintain the structural portions components of the Building and public areas, and all components of the plumbing, air conditioning and electrical systems serving the Premises that are concealed or used in common by tenants of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s any failure to make such any repairs or to perform any maintenancemaintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is received by Landlord. There Except as provided in Article 17 and Article 18 hereof, there shall be no abatement of Rent rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements improvements; provided, however, that in making such repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Tenant waives the 44 benefit of any present or future law which might give Tenant the right to repair the Premises at Landlord's expense or to any portion terminate the Lease because of the Building or condition of the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectthe Building. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted Lessee acknowledges that it has received the Premises as being in good order, condition order and repair. Tenant shallLessee, at Tenant’s sole cost and its own expense, keep will maintain all parts of the Premises and every part thereof in good repair and condition and repairwill take all action and will make all structural and nonstructural, including without limitation, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be required to keep all parts of the maintenance, Premises in good repair and replacement of any storefrontcondition (including, doorsbut not limited to, window casementsall painting, glazingglass, plumbingutilities, pipes, electrical wiring and conduits, fixtures and the equipment, foundation, roof, exterior walls, heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs systems, wiring, plumbing, sprinkler systems and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any other utilities, and all scheduled paving, sidewalks, roads, parking areas, curbs and other repairs gutters and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shallfences), upon the expiration or sooner termination of this Lease, surrender the Premises subject to Landlord in good condition, broom clean, ordinary wear and tear and damage subject casualty and/or condemnation not required to Paragraph 24 exceptedbe repaired or restored by Lessee pursuant to this Lease. Except for damage subject Lessor shall not be required to Paragraph 24maintain, repair or rebuild all or any damage caused by Tenant’s use part of the Premises. Lessee waives the right to require Lessor to maintain, repair or rebuild all or any part of the Premises shall be repaired or make repairs at the sole cost and expense of TenantLessor pursuant to any Legal Requirement, Agreement, contract, covenant, condition or restrictions at any time. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions If all or any part of the BuildingImprovements shall encroach upon any property, including street or right-of-way adjoining or adjacent to the exterior walls and roof. Landlord Premises, or shall not be liable for Tenant’s failure to make such repairs violate the agreements or to perform any maintenance. 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 Building or conditions affecting the Premises or in any part thereof, or shall hinder, obstruct or impair any easement or right-of-way to fixtureswhich the Premises are subject, appurtenances then, promptly after written request of Lessor (unless such encroachment, violation, hindrance, obstruction or impairment is a Permitted Exception) or of any person so affected, Lessee shall, at its expense, either (i) obtain valid and equipment therein. Tenant waives any right effective waivers or settlements of all claims, liabilities and damages resulting therefrom or (ii) if Lessor consents thereto (such consent not to be unreasonably withheld, conditioned or delayed), and provided that all consents and approvals required of or by the Mortgagee (as hereinafter defined) under the Mortgage (as hereinafter defined) or otherwise have first been obtained, make repairs at Landlord’s expense under any lawsuch changes, statute including alteration or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required hereinremoval, to the reasonable satisfaction of LandlordImprovements, Landlord shall provide Tenant with written notice of any and take such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day periodother action, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure as shall be an event of default hereundernecessary to remove or eliminate such encroachments, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoingviolations, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair hindrances, obstructions or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedimpairments.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep maintain the Premises and every part thereof Building in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary reasonable wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right all rights to make repairs at the expense of Landlord’s expense under . If Landlord would be required to perform any lawmaintenance or make any repairs because of: (a) modifications to the roof, statute walls, foundation, and floor of the Building from that set forth in Landlord's plans and specifications which are required by Tenant's design for improvements, alterations and additions; (b) installation of Tenant's improvements, fixtures, or ordinance now or hereafter in effect. equipment; (c) If a negligent or wrongful act of Tenant refuses or neglects Tenant's Permittees; or, (d) Tenant's failure to perform any of Tenant's obligations under this Lease, Landlord may perform the maintenance or repairs and Tenant shall pay Landlord the cost thereof. Tenant agrees to: (a) Pay Landlord's cost of maintenance and repair, including additional janitorial costs of any Non-Building Standard Improvements and Non Building Standard materials and finishes and (b) Repair or replace all ceiling and wall finishes (including painting) and floor or window coverings which require repair or maintain replacement during the PremisesLease Term, as required hereinat Tenant's sole cost. Notwithstanding anything in this Lease to the contrary, to the reasonable satisfaction extent the terms and provisions of LandlordArticle 21 conflict with, Landlord or are inconsistent with, the terms and provisions of this Article 16, the terms and provisions of Article 21 shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedcontrol.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant Landlord shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep maintain the Premises and every part thereof Building in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary reasonable wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right all rights to make repairs at the expense of Landlord’s expense under . If Landlord would be required to perform any lawmaintenance or make any repairs because of: (a) modifications to the roof, statute walls, foundation, and floor of the Building from that set forth in Landlord's plans and specifications which are required by Tenant's design for improvements, alterations and additions; (b) installation of Tenant's improvements, fixtures, or ordinance now or hereafter in effect. equipment; (c) If a negligent or wrongful act of Tenant refuses or neglects Tenant's Permittees; or, (d) Tenant's failure to perform any of Tenant's obligations under this Lease, Landlord may perform the maintenance or repairs and Tenant shall pay Landlord the cost thereof. Tenant agrees to: (a) Pay Landlord's cost of maintenance and repair, including additional janitorial costs of any Non-Building Standard Improvements and Non-Building Standard materials and finishes and (b) Repair or replace all ceiling and wall finishes (including painting) and floor or window coverings which require repair or maintain replacement during the PremisesLease Term, as required hereinat Tenant's sole cost. Notwithstanding anything in this Lease to the contrary, to the reasonable satisfaction extent the terms and provisions of LandlordArticle 22 conflict with, Landlord or are inconsistent with, the terms and provisions of this Article 17, the terms and provisions of Article 22 shall provide Tenant with written notice of any such refusal or neglect and control. Tenant shall repair any item mentioned in said notice within thirty (30) days thereaftertake all reasonable precautions to insure that the Premises are not subjected to excessive wear and tear, i.e. chair pads should be utilized by Tenant to protect carpeting. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs be responsible for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, touch-up painting in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of Premises throughout the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedLease term.

Maintenance and Repair. 1. Repairs and Maintenance by Lessee (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking Lessee is presently in possession of the Leased Premises and accepts the Leased Premises in “as is” condition and Lessee shall at all times at its own expense keep and maintain the Leased Premises in good order and repair and in a neat, safe, clean and orderly condition, reasonable wear and tear, casualty, or condemnation excepted, including, but not limited to, making all non-structural ordinary and extraordinary, foreseen and unforeseen repairs and replacements to the Leased Premises, Tenant shall be deemed to have accepted the Premises as being in good orderincluding, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, repairs and replacements to the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipeselectrical, electrical wiring and conduitsheating, and the heating ventilation and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs systems and maintenance mechanical systems and installations within the Leased Premises except to the extent that any of the HVAC system and shall provide to Landlord a copy foregoing repairs or replacements are caused by or result from negligence, willful acts or omissions of the service contract along with written details of Lessor or any and all scheduled and other repairs and maintenance performed on third party. Lessor shall maintain the HVAC system sewage pumps located within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of TenantFiberMark Building. (b) Except as specifically provided in subparagraph 6(aLessee will repair promptly at its own expense any damage (whether structural (without Lessor’s consent) aboveor non-structural) to the Leased Premises caused by any construction or alterations performed by Lessee, Tenant shall repair and maintain whether said structural or non-structural damage is known or unknown or which may have occurred prior to the structural portions time of the Buildingexecution of this Lease, including or from the exterior walls and roof. Landlord shall not be liable bringing into the Leased Premises any property for TenantLessee’s failure to make use, or by the installation or removal of such repairs property, regardless of fault or to perform any maintenance. There by whom such damage shall be no abatement caused, unless caused by the negligence, willful acts or omissions of Rent and no liability of Landlord by reason of any injury to Lessor or interference with Tenant’s business arising from the making of any repairsits servants, alterations agents, contractors, subcontractors, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectemployees. (c) If Tenant refuses or neglects to repair or maintain In the Premises, as required herein, to event Lessee defaults in the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice performance of any of its obligations under this Section 1, and such refusal or neglect and Tenant shall repair any item mentioned in said notice within default continues for a period of thirty (30) days thereafter. If Tenant has after written notice from Lessor, Lessor, in addition to Lessor’s other remedies under this Lease, at law or in equity, may (but shall not made be obligated to do so) cure such repairs within the 30-day perioddefault on behalf of Lessee, Landlord may make such repairs without any liability of Lessor, its agents, servants, employees, contractors or subcontractors for damage to the Tenant for any loss or damage it may accrue to TenantLessee’s merchandise, fixtures or other property or to TenantLessee’s business by reason thereof andthereof, unless caused by the negligence, willful acts or omissions of Lessor or its servants, agents, contractors, subcontractors, or employees, and Lessee shall reimburse Lessor, as Additional Rent, upon completion thereofdemand, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen One Hundred percent (18100%) per annum from the date of the notice. Notwithstanding the foregoingcosts incurred by Lessor in curing such default, in the event that Tenant unless Lessee has begun curing within said thirty (30) day period and is thereafter diligently and in good faith disputes Landlord’s claim that Tenant has failed prosecuting such cure to repair completion. (d) Notwithstanding the foregoing or maintain any aspect other provision of the Premisesthis Lease, then if Landlord makes any repairs, Tenant Lessee shall not be obligated responsible for compliance with any laws, regulations, or the like requiring (i) structural repairs or modifications, (ii) repairs or modifications to pay the utility or building service equipment, or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall be (a) due to Lessee’s particular manner of use of the Leased Premises, or (b) due to the negligence or willful misconduct of Lessee or any agent, employee, or contractor of Lessee. (e) Notwithstanding the foregoing or any other provision of this Lease, if any repairs or replacements to the Leased Premises performed by Lessee are considered capital improvements or expenses in accordance with generally accepted accounting principles consistently applied, then upon expiration or the earlier termination of this Lease, Lessor shall reimburse Lessee for the repairs non-amortized portion of any such capital improvements or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedexpenses.

Maintenance and Repair. (a) Subject Lessee covenants and agrees to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being keep and maintain in good order, condition and repairrepair the Demised Premises and any part thereof, including, but not limited to all doors, entrances, elevators, windows, glass, plumbing, heating, air conditioning, and electrical equipment and fixtures, interior walls, floors and ceilings, all plate glass specific to the Demised Premises, storefront and its components, all partitions, door frames, moldings, locks and hardware, fixtures, equipment and appurtenances thereof and improvements thereto (as installed by Lessee) and shall maintain same (including periodic painting and decoration as may be necessary.) Lessee agrees to pay for an Annual Service Contract with a reputable air conditioning company and a reputable elevator service company, approved by Lessor, to provide for the air conditioning systems: quarterly compressor and air handler checks, lubrication, duct inspections, filter changes, freon level and pressure checks; and for the elevator, routine examination, lubrication, cleaning, adjustment, parts replacement and performance of safety tests, including an annual relief pressure test, and to pay for all necessary repairs to and replacement of systems up to $300. Tenant shallper occurrence. Lessor agrees to pay for elevator and air conditioning repairs in excess of Lessee's $300. per occurrence obligation, provided that the repair is not due to Lessee negligence in the use of the systems or failure to provide the Annual Service Contracts as noted above. Repairs to the elevator and air conditioning systems are defined as work necessitated by failures in the systems provided upon occupancy of the Demised Premises. Any additional systems, or specialized air conditioning or heating needs that may arise during the Lease Term, or any specialized requests for air flow, temperature distribution, or environmental requirements within the Demised Premises will be at Tenant’s the sole cost and expense of the Lessee. Lessee shall at Lessee's own cost and expense, keep repair any damage done to the Premises and every part thereof in good condition and repairDemised Premises, including without limitation, the maintenance, repair and replacement of any storefrontdamaged portions, doorsor items as may be caused by Lessee or Lessee's agents, window casementsemployees, glazinginvitees, plumbingor visitors. All such work or repairs by Lessee shall be effected in compliance with all applicable laws; provided, pipeshowever, electrical wiring and conduitsif Lessee fails to make such repairs or replacements promptly, Lessor may, at its option, upon 30 days notice to Lessee, make such repairs or replacements, and Lessee shall pay the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of costs thereof to the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system Lessor within ten (10) days of the date of such performanceLessor's demand thereof, as additional rent. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises Lessor shall be repaired maintain at the Lessor's sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair all structural and maintain the structural portions exterior components of the Buildingbuilding and the Demised Premises, all capital improvements, including but not limited to the exterior plumbing in the slab or the walls, electrical in the walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlordelectric panel and all building mechanical systems, Landlord shall provide Tenant with written notice of any such refusal or neglect except for elevator and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day periodair conditioning systems, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of which will be a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedjoint responsibility as described above.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of On the PremisesCommencement Date, Tenant shall be deemed deliver to have accepted Escrow Agent cash in the Premises as being amount of $260,875 (the “Immediate Repair Amount”). Subject to the terms of the Escrow Agreement, Escrow Agent shall hold the Immediate Repair Amount in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep a fund (the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and the heating and air conditioning (“HVACImmediate Repair Fund”) systemand disburse amounts from the Immediate Repair Fund to fund the cost of the repairs to the Leased Premises set forth on Schedule 12(a) hereto in accordance with the disbursement procedure for the Restoration Fund set forth in Paragraph 19(a). Tenant shall obtain a service contract for complete the repairs and maintenance listed on Schedule 12(a) no later than December 31, 2007. If any sum remains in the Immediate Repair Fund after completion of the HVAC system repairs listed on Schedule 12(a), Escrow Agent shall disburse such sum to Tenant. Notwithstanding the foregoing, no later than April 9, 2007, Tenant agrees and covenants to deliver to Escrow Agent a Letter of Credit to replace any amounts held by the Escrow Agent in the Immediate Repair Fund. Such Letter of Credit (i) shall provide be in the Immediate Repair Amount or if any amounts have been disbursed from the Immediate Repair Fund in accordance with the Escrow Agreement, then in such lesser amount, (ii) shall be held by Escrow Agent pursuant to Landlord a copy the Escrow Agreement until Tenant has complied with all conditions related to release of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on Immediate Repair Amount from the HVAC system within ten Immediate Repair Fund, (10iii) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at drawn on by Escrow Agent to fund disbursements in accordance with the sole cost disbursement procedure for the Restoration Fund set forth in Paragraph 19(a) and expense (iv) shall contain instructions to the financial institution issuing the Letter of TenantCredit to disburse the funds held pursuant to the Letter of Credit in accordance with the terms and conditions in this Paragraph 12(a). (b) Tenant shall at all times maintain the Leased Premises in as good repair and appearance as they are on the date hereof and fit to be used for their intended use in accordance with the better of the practices generally recognized as then acceptable by other companies in its industry or observed by Tenant with respect to the other real properties owned or operated by it, and, in the case of the Equipment, in as good mechanical condition as it was on the later of the date hereof or the date of its installation, except for ordinary wear and tear. Tenant shall take every other action necessary or appropriate for the preservation and safety of the Leased Premises. Tenant shall promptly make all Alterations of every kind and nature, whether foreseen or unforeseen, which may be required to comply with the foregoing requirements of this Paragraph 12(a) or to comply with any Legal Requirement. Except as specifically otherwise provided in subparagraph 6(a) aboveherein, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable required to make any Alteration, whether foreseen or unforeseen, or to maintain the Leased Premises in any way, and Tenant hereby expressly waives any right which may be provided for in any Law now or hereafter in effect to make Alterations at the expense of Landlord or to require Landlord to make Alterations. Any Alteration made by Tenant pursuant to this Paragraph 12 shall be made in conformity with the provisions of Paragraph 13. Tenant hereby agrees and covenants not to commit or permit the Leased Premises to suffer waste, and shall take all precautions necessary to prevent waste from occurring at the Leased Premises. Notwithstanding the foregoing, (i) if Landlord determines in its sole discretion that the roof, HVAC and/or boiler needs to be replaced in the last two (2) years of the end of the Term and Landlord elects to require Tenant to make such replacement; or (ii) if Landlord determines that the parking lot needs to be repaved and re-striped in the last two (2) years of the end of the Term, either due to normal wear and tear as determined by a third-party independent engineer or consultant, or due to Tenant’s failure to make maintain the parking lot as required by this Lease, and Landlord elects to require Tenant to repave the parking lot, the cost of such repairs repaying and re- striping will be borne by Tenant; provided that if Tenant elects to terminate this Lease at end of the initial Term, the cost of such replacement or to perform any maintenance. There shall repaying and re-striping, as the case may be, will be no abatement of Rent apportioned between Landlord and no liability of Landlord by reason of any injury to or interference Tenant with Tenant’s business arising share equal to the cost of such replacement or repairing and re-striping, as the case may be, multiplied by a fraction, the numerator of which shall be the remainder of the Term from the making of any repairstime Landlord determines the roof, alterations or improvements in or to any portion of the Building HVAC and/or boiler needs replacement or the Premises parking lot needs repaying and re-striping, and the denominator of which shall be the anticipated useful life of such roof, HVAC, boiler or in parking lot as replaced or to fixturesrepaved and re-striped, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectas the case may be. (c) If Tenant refuses any Improvement, now or neglects to repair hereafter constructed, shall (i) encroach upon any setback or maintain any property, street or right-of-way adjoining the Leased Premises, as required herein(ii) violate any zoning restrictions, including without limitation height or set-back restrictions, or the provisions of any restrictive covenant affecting the Leased Premises, (iii) hinder or obstruct any easement or right-of-way to which the Leased Premises is subject or (iv) impair the rights of others in, to the reasonable satisfaction or under any of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in Tenant shall, promptly after receiving notice or otherwise acquiring knowledge thereof, either (A) obtain from all necessary parties waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation, hindrance, obstruction or impairment, whether the event that Tenant in good faith disputes same shall affect Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant or both, or (B) take such action as shall not be obligated necessary to pay for the repairs remove all such encroachments, hindrances or any interest thereon until the dispute is finally determined; providedobstructions and to end all such violations or impairments, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedincluding, if necessary, making Alterations.

Maintenance and Repair. (a) Subject 17.1 Landlord shall, subject to Landlord’s limited obligations under subparagraph 6(a)reimbursement for Operating Costs, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being keep and maintain in good repair and working order, condition subject to reasonable wear and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitstear, and the heating and air conditioning replace if reasonably necessary: (“HVAC”1) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions elements of the Building, including foundations and exterior walls; (2) water and sewer lines from the point of origin to the Building; (2) Common Areas; (3) the roof and roof covering of the Building; and (4) exterior windows, plate glass and curtain walls and roofof the Building. Landlord shall not be liable for Tenant’s failure Tenant waives all rights to make such repairs or at the expense of Landlord. If Landlord would be required to perform any maintenancemaintenance or make SUMMIT RIDGE BUSINESS PARK/INOVIO PHARMACEUTICALS, INC. There shall be no abatement of Rent – PAGE 12 any repairs because of: (a) modifications to the roof, walls, foundation, 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 floor of the Building or the Premises or from that set forth in or to any Landlord's plans and specifications which are required by Tenant's design for improvements, alterations and additions; (b) installation of Tenant's improvements, fixtures, appurtenances or equipment; (c) a negligent or wrongful act of Tenant or Tenant's Permittees; or, (d) Tenant's failure to perform any of Tenant's obligations under this Lease, Landlord may perform the maintenance or repairs and equipment thereinTenant shall pay Landlord the cost thereof. To the extent allowed by law, Tenant waives any the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect., including, without limitation, under Sections 1941 and 1942 of the California Civil Code, and the right to terminate the Lease under Section 1932(1) of the California Civil Code, and any other laws, statutes or ordinances now or hereafter in effect of like import. 17.2 Except as expressly set forth as Landlord’s responsibility in Section 17.1 above or elsewhere in this Lease, Tenant shall keep and maintain in good repair and working order all portions of the Premises, at Tenant’s sole cost. Tenant agrees to: (a) repair or replace all ceiling and wall finishes and floor or window coverings which require repair or replacement during the Lease Term, at Tenant's sole cost; (b) at Tenant's sole cost, maintain and repair interior partitions; doors; electronic, phone and data cabling and related equipment that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (c) If at Tenant’s sole cost, maintain and repair (i) all air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant refuses exclusively, (ii) phone rooms used exclusively by Tenant, (iii) alterations performed by contractors retained by or neglects to repair or maintain on behalf of Tenant, and (iv) all of Tenant's furnishings, trade fixtures, equipment and inventory; and (d) adopt and implement the Premisesmoisture and mold control guidelines set forth on Exhibit F attached hereto. Tenant shall, as required hereinat its own cost and expense, to enter into a regularly scheduled preventive maintenance/service contract (the reasonable satisfaction of “Service Contract”) with a maintenance contractor for servicing the HVAC. The maintenance contractor and the contract must be approved by Landlord, Landlord which approval shall provide Tenant with written notice of any such refusal not be unreasonably withheld or neglect delayed. The Service Contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and Tenant shall repair any item mentioned in said notice must become effective (and a copy thereof delivered to Landlord) within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect takes possession of the Premises, then if Landlord makes any repairs, . Tenant shall not be obligated provide Landlord a copy of such Service Contract and from time to pay for time upon request furnish proof reasonably satisfactory to Landlord that all such systems and equipment are being serviced in accordance with the repairs Service Contract. 17.3 Notwithstanding anything in this Lease to the contrary, to the extent the terms and provisions of Article 22 conflict with, or any interest thereon until are inconsistent with, the dispute is finally determined; providedterms and provisions of this Article 17, that the terms and provisions of Article 22 shall control. Tenant shall deposit take all reasonable precautions to insure that the disputed amount with the Landlord until the dispute is resolvedPremises are not subjected to excessive wear and tear.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, accordance with Tenant’s existing repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduitsmaintenance practices at the Leased Premises, and at all times, maintain the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of Leased Premises in substantially the HVAC system and shall provide to Landlord a copy of same condition as the service contract along with written details of any and all scheduled and other repairs and maintenance performed Leased Premises existed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom cleanEffective Date, ordinary wear and tear and damage subject to Paragraph 24 from the elements or casualty excepted. Except for damage subject Landlord agrees that any and all maintenance and repair decisions with respect to Paragraph 24, any damage caused by Tenant’s use of the Leased Premises shall be repaired at the sole cost determined solely by Tenant provided such maintenance and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference are consistent with Tenant’s business arising from past practices. No later than the making of any repairs, alterations or improvements in or sixtieth (60th) day prior to any portion the expiration of the Building or Term, Tenant will give written notice to Landlord of the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter Contracts that then remain in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) business days following receipt of its receiptsuch notice from Tenant, such failure Landlord will give written notice to Tenant (the “Contract Notice”) of which Contracts Landlord desires to assume and for which Contracts Landlord requests that Seller terminate at the end of the Term; provided, however, that Landlord shall be an event of default hereunderhave no obligation to assume any Contracts. If Landlord does not deliver the Contract Notice within the required ten (10) business day period, then Landlord shall be entitled deemed to utilize all of its remedies herein and such amount shall bear interest at have elected not to assume any Contracts. At the rate of eighteen percent (18%) per annum from the date end of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairsTerm, Tenant shall not be obligated deliver to pay for Landlord copies of all Contract termination notices, if any, and Tenant and Landlord shall execute and deliver to each other an assignment and assumption agreement in a form reasonably acceptable to both Landlord and Tenant to effectuate the repairs or any interest thereon until the dispute is finally determined; provided, assignment of those Contracts that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolveddesires to assume.

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a), by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good order, condition and repair. Tenant shallwill, at Tenant’s sole cost and expense, keep and maintain the Premises leased premises and every part thereof appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Tenant shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the walks free from dirt, including without limitation, snow and debris; deposit all garbage and waste in a clean and sanitary manner into the maintenance, repair proper receptacles and replacement shall cooperate in keeping the garbage area neat and clean; dispose of items of such size and nature as are not normally acceptable by the garbage hauler; keep the kitchen and bathroom drains free of things that may tend to cause clogging of the drains and shall pay for the cleaning out of any storefrontplumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, doorswash basins, window casementsor sinks; and, glazingat Tenant’s sole expense, shall make all required repairs to the plumbing, pipesrange, electrical wiring and conduitsheating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Tenant’s misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the heating leased premises, not due to Tenant’s misuse, waste, or neglect or that of Tenant’s employee, family, agent, or visitor, shall be the responsibility of the Landlord or Landlord’s assigns. Tenant agrees that no signs shall be placed or painting done on or about the leased premises by the Tenant or at Tenant’s direction without the prior written consent of the Landlord. Tenant agrees to keep sidewalks and air conditioning (“HVAC”) systemdriveways free of ice, snow, and debris, and in safe condition in accordance with city ordinance. Tenant shall obtain not litter. All cigarette butts must be placed in a proper container and properly disposed of. All service contract for repairs and maintenance or repairs, which fall within the responsibility of the HVAC system and Landlord, shall provide to Landlord a copy of be requested by phone, in writing, or via email or the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performanceInternet. Tenant shall, upon the expiration shall not make repairs or sooner termination of this Lease, surrender the Premises hire contractors to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair and maintain the structural portions of the Building, including the exterior walls and roofmake repairs. Landlord shall not be liable respond to the emergency maintenance request as soon as possible. For the purposes of this Rental Agreement, emergency maintenance is fire, flood, and uncontrollable water, backed up sewer, electrical problem endangering life, or smell of gas. Tenant is directed to call 911 for Tenant’s failure emergencies causing immediate danger such as fire. Tenant agrees to make such repairs or attempt to perform any maintenance. 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 remedy all of the Building or the Premises or in or below maintenance issues prior to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at notifying Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (c) If Tenant refuses or neglects to repair or maintain the Premises, as required herein, to the reasonable satisfaction of Landlord, Landlord shall provide Tenant with written notice of any such refusal or neglect and Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day period, Landlord may make such repairs without liability to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receipt, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolved.:

Maintenance and Repair. (a) Subject to Landlord’s limited obligations under subparagraph 6(a)Tenant will keep and maintain the Leased Premises and Equipment, by taking possession of the Premisesincluding any altered, Tenant shall be deemed to have accepted the Premises as being rebuilt, additional or substituted improvements, in good order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance, repair and replacement of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, and appearance during the heating and air conditioning (“HVAC”) system. Tenant shall obtain a service contract for repairs and maintenance of the HVAC system and shall provide to Landlord a copy of the service contract along with written details of any and all scheduled and other repairs and maintenance performed on the HVAC system within ten (10) days of the date of such performance. Tenant shall, upon the expiration or sooner termination term of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage subject to Paragraph 24 excepted. Except for damage subject to Paragraph 24, any damage caused All repairs made by Tenant’s use of the Premises Tenant shall be repaired at least equal to the sole cost original work in class and expense quality. Repairs shall include structural repairs, and maintenance of Tenantparking, plumbing and HVAC. (b) Except as specifically provided in subparagraph 6(a) above, Tenant shall repair put, keep and maintain the structural Equipment and all portions of the BuildingLeased Premises and the sidewalks, including curbs and passageways adjoining the exterior walls same in a clean and roof. Landlord shall not be liable for Tenant’s failure to make such repairs or to perform any maintenance. There shall be no abatement orderly condition, free of Rent dirt, rubbish, snow, ice 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 Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives any right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectunlawful obstructions. (c) Tenant hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever except normal wear and tear resulting from proper use during the period from and during the delivery of the Equipment to Tenant until it is returned to Landlord. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for any reason or, in the event of condemnation or seizure Tenant shall promptly pay Landlord the sum of the following: (1) all rent and other amounts payable by Tenant hereunder which are due but unpaid at the time of computation; (2) the present value of all unpaid rent for the balance of the initial Lease term at the time of the computation computed using a discount rate of 8% per annum and assuming that the production during the remainder of the term will be at the same level as the production has been in the six months prior to the time the Equipment becomes lost, stolen, destroyed, damaged or rendered permanently unfit; (3) the anticipated fair market value of such items of Equipment at the expiration of the Lease term which Landlord and Tenant agree shall be conclusively deemed for this purpose to be equal to 100% of the original cost of such Equipment; (4) any tax loss suffered by Landlord relating to such Equipment; (5) any set up costs relating to such Equipment that Landlord has not yet amortized; (6) any expenses incurred by Landlord in enforcing its rights under this Agreement; and (7) interest on any past due amounts as provided elsewhere in this Agreement. Any insurance proceeds received by Landlord on insurance purchased by Tenant shall be credited to Tenant's obligation under this paragraph and Tenant shall be entitled to any surplus. (d) In the event any of the Equipment is damaged or destroyed and Tenant desires to replace such Equipment, the Landlord, upon the written request from Tenant, shall purchase such replacement equipment and lease such equipment to Tenant, amortizing 100 percent of the cost of such equipment on a straight-line basis over the taxable depreciable life of such equipment at the applicable Treasury rate plus 200 basis points. At the expiration of such period, the Landlord will continue to own the replacement equipment. (e) If Tenant refuses or neglects fails to repair or maintain comply with the Premises, as required herein, to the reasonable satisfaction provisions of Landlordthis paragraph 13, Landlord shall provide may give Tenant with written notice of any such refusal failure to comply, specifying the maintenance or neglect and repairs to be made by Tenant. If the maintenance or repairs are not completed by Tenant shall repair any item mentioned in said notice within thirty (30) days thereafter. If Tenant has not made such repairs within the 30-day periodafter said notice, Landlord may make such repairs without liability have the work done at Tenant's expense, and the cost thereof shall become additional rent due hereunder payable by Tenant to Landlord upon written demand from Landlord. (f) In addition to the Tenant for any loss or damage it may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof and, upon completion thereofforegoing requirements, Tenant shall pay Landlord’s costs for making such repairs upon presentation of a xxxx thereof. In the event Tenant does not pay such xxxx within ten (10) days of its receiptcomply with all applicable environmental laws, such failure shall be an event of default hereunder, Landlord shall be entitled to utilize all of its remedies herein rules and such amount shall bear interest at the rate of eighteen percent (18%) per annum from the date of the notice. Notwithstanding the foregoing, in the event that Tenant in good faith disputes Landlord’s claim that Tenant has failed to repair or maintain any aspect of the Premises, then if Landlord makes any repairs, Tenant shall not be obligated to pay for the repairs or any interest thereon until the dispute is finally determined; provided, that Tenant shall deposit the disputed amount with the Landlord until the dispute is resolvedregulations.