Common use of Maintenance and Repair Clause in Contracts

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make 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 reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.

Maintenance and Repair. 6.01. Tenant shall be solely responsible for the cost and performance of all maintenance, service, repair and replacement of any portion of the Building, it being understood and agreed that Landlord shall have no general duty (aeither to Tenant or to third parties) Except to keep the Leased Property in good order and repair and that Landlord shall have no obligation to perform or pay for the cost of any Alterations such maintenance, service, repair or replacement except to the 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 repair or replacement of any heating, ventilating and air-conditioning system or structural or other similar portion of the Building or Building system that becomes unusable such that the operation of Tenant's business for the purposes described in 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 Landlord, which notice shall set forth, in reasonable detail, the nature and scope of the repair and the estimated cost thereof and PROVIDED further, that Landlord will be obligated to 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 permitted being undertaken by Landlord as an accommodation to make pursuant Tenant due to the short-term nature of this Lease, . Tenant shall at all times put, keep agrees and maintain acknowledges that it is Tenant's duty and obligation to inspect the Leased Premises (includingProperty from time to time, without limitation, the roof, landscaping, walls, footings, foundations and structural components to conduct day-to-day maintenance of the Leased Premises) in the same (or better) condition Property and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all to perform any repairs and replacements of every kind and nature, whether foreseen that are required either for Tenant's operations or unforeseen, which may be required to be made upon or in connection with for 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 health and safety of persons present at the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerProperty.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto in reasonably good order and repair (includingwhether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased Premises) in the same (Property or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany portion thereof), and shall promptly except as otherwise provided in Articles 13 and 14, with reasonable promptness will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether foreseen or unforeseen, which may be required nature (including remodeling to be made upon or in connection with the Leased Premises in order extent necessary to keep and maintain the Leased Premises Property in a condition substantially the order and same as exists on the date hereof), whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition required by existing prior to or after the commencement of the Term of this Paragraph 11(aLease (concealed or otherwise). Tenant All repairs and remodeling shall, to the extent reasonably achievable, be at least equivalent in quality to the original work and shall do be accomplished by Lessee or cause others a party selected by Lessee. Lessee will not take or omit to do all shoring take any action the taking or omission of which might materially impair the value or usefulness of the Leased Premises Property or of foundations and walls of any part thereof for 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 Primary Intended Use. If Lessee fails to perform any of the Leased Premisesits obligations hereunder, whether or if Lessor reasonably determines that action is necessary and is not Landlord shallbeing taken, Lessor may, on giving 30 days' written notice to Lessee (other than in a case reasonably deemed by reason of Lessor to be an emergency, in which case no such notice shall be required), without demand on Lessee, perform any Legal Requirements or Insurance Requirements, be required such obligations in such manner and to such extent and take such other 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, Lessor may deem appropriate in the event of a Restoration pursuant that Lessee has not timely commenced to Paragraph 13(c) perform such obligation or 14(g), within sixty (60) 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)action, and all repairs costs, expenses and charges of Lessor relating to any such action shall constitute Additional Charges and shall be made payable by Lessee to Lessor in a good, proper and workmanlike manneraccordance with Section 2.3.

Maintenance and Repair. (a) Except for Tenant shall, throughout the Term hereof and at no expense whatsoever to Landlord, 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 Alterations that Tenant is permitted to make pursuant to this Leasewaste with respect thereto, and Tenant shall at promptly make all times putrepairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Building and maintain the Leased Premises other Improvements (including, without limitation, the roof, landscapingmechanical, wallsplumbing, footingselectrical, foundations and structural components of the Leased Premisesother Building systems) in the same (or better) good and lawful order and in at least as good condition and order of repair as exists as of such premises are in on the Commencement Date, except for ordinary Date but subject to reasonable wear and tear. When used in this Article, and the term “repairs” shall promptly make all repairs and replacements of every kind and natureinclude replacements, whether foreseen capital improvements or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to renewals when necessary. Tenant shall keep and maintain all portions of the Leased Premises Premises, in the order a clean and condition required by this Paragraph 11(a). orderly condition, free of accumulation of water, dirt, rubbish, snow and ice, and Tenant shall do not permit or cause others to do all shoring suffer any overloading of the Leased Premises or of foundations and walls floors of the Improvements and every other act necessary or appropriate Building. Landlord shall not be responsible for preservation and safety thereof, by reason the cost of any alterations of or in connection with repairs to the Premises of any excavation nature whatsoever, structural or other building operation upon any of the Leased Premisesotherwise, 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 now in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days contemplation of the date insurance proceeds parties. To the extent not prohibited by law, Tenant hereby waives and releases all rights now or a condemnation award has been paid hereinafter conferred by statute or otherwise which would have the effect of limiting or modifying any of the provisions of this Section 6.3. In addition, the provisions of this Section 6.3 are subject 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 made in a good, proper and workmanlike mannerlimitations imposed by Article VII below.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLANDLORD shall keep the foundation, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, outer walls, footings, foundations roof and structural components of the Building, including its doors, door frames, door checks, and windows, in good repair as a Class A building. LANDLORD shall also be responsible for all maintenance and repair to 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 and the Leased Premises and appurtenances shall at all times be kept in good order, condition, and repair by TENANT, and shall also be kept in a clean, sanitary, and safe condition in accordance with the laws of the State of Michigan, and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction, at the sole cost and expense of TENANT, and TENANT shall comply with all said requirements of the law, ordinances and otherwise affecting the Leased Premises) . TENANT shall permit no waste, damage or injury to the Leased Premises, and TENANT shall at its own cost and expense replace any glass windows, doors, door hardware and frames in the same (Leased Premises which may be broken by TENANT or better) condition and order of repair as exists as its employees or invitees. At the expiration of the Commencement Datetenancy created hereunder, except for ordinary TENANT shall surrender the Leased Premises in as good condition as when taken, reasonable 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 loss 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 fire or other building operation upon unavoidable casualty excepted. Notwithstanding anything in this paragraph contained, there shall be no obligation on the part of TENANT to comply with any of the Leased Premiseslaws, whether directions, rules and regulations referred to which may require structural alterations, structural repairs or not Landlord shallstructural additions, unless made necessary by reason of any Legal Requirements act 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallwork performed by TENANT, in all events, make all repairs for which it is responsible hereunder promptly (but in any event TENANT shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannercomply at its expense.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after the Commencement Date, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same a similar (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and teartear and the loss of a part of the Leased Premises pursuant to a partial Condemnation with respect to which restoration is impossible, 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after the Commencement Date, including any Requisition period, put, keep and maintain the each Leased Premises Property (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of each Leased Property) and the Leased Premises) Equipment in the same a similar (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and teartear and the loss of a part of any Leased Property pursuant to a partial Condemnation with respect to which restoration is not practically feasible, 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 each Leased Premises Property in order to keep and maintain the such Leased Premises Property in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the each Leased Premises Property 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 any of the such Leased PremisesProperty, 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 PROPERTY OR ANY PART THEREOF 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, 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 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 Commencement 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 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 Section 11(a). Tenant shall do do, or cause others to do 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs Sections 13(c) and 14(g). Tenant shall, in all events, 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 within thirty (30) days of the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph Section 13(c) or 14(g), within sixty thirty (6030) 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 made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted the maintenance to make pursuant to this Leasebe performed by the City hereunder, Tenant Concessionaire shall at all times put, keep and maintain the Leased Premises (includingbe obligated, without limitationcost to City, to maintain and keep the roofFacilities and every part thereof, landscapingincluding the common seating areas which support the Facilities set forth in Exhibit A, wallsin good order and repair and in safe condition. To accomplish the foregoing, footingsConcessionaire shall establish a written preventive maintenance program, foundations subject to the initial written approval and structural components of periodic review by 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 Director. All repairs and replacements shall be of every kind a quality substantially equal to the original in materials and natureworkmanship. Concessionaire shall be obligated, whether foreseen or unforeseenwithout cost to City, for all janitorial services for the Facilities, including the common seating areas which may support the Facilities set forth in Exhibit A. Concessionaire shall ensure that each Facility, and that area within a twenty-five foot radius of each Facility, shall be required kept free from all rubbish, filth and refuse, and Concessionaire must employ sufficient personnel to be made upon or place such rubbish and refuse in connection sealed disposable containers approved by the Director, transported to and placed within designated waste containers in areas selected by the Director. Concessionaire shall, at no cost to City, on an as-needed basis and consistent with the Leased Premises in order to keep and maintain the Leased Premises objectives set forth in the order Recitals, clean all restaurant and condition required by this Paragraph 11(a)bar equipment including walls, floors, ceilings, empty waste receptacles and perform other sanitation-related functions in the various Facilities. Tenant Concessionaire shall do or cause others to do connect to, maintain, and clean all shoring of the Leased Premises or of foundations grease traps, grease removal, and walls of the Improvements and every other act necessary or sewer drain cleaning systems and/or programs appropriate for preservation the size and safety thereofvolume of each Facility set forth in Exhibit A. In that regard, Concessionaire shall install Ecolab systems (or approved equal) to monitor grease build-up in each Facility. Any damage done to grease traps or sewer lines as a result of such installation, maintenance or cleaning shall be repaired by reason Concessionaire in a timely basis, at its sole cost and to the Director’s satisfaction. In addition to the remedy set forth in Section 8.3.2. and the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of or in connection with any excavation or other building operation upon any of 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 $500.00 per occurrence (measured on a daily basis) for failure to do socomply with Section 5.7 inclusive of all sections therein. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRConcessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, 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 EFFECTConcessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $500.00 per occurrence is a reasonable estimation of the damages suffered by City. Nothing in Any assessment of liquidated damages by the preceding sentence Director shall be deemed paid to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), City by Concessionaire within sixty (60) 10 days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take receipt of an invoice for 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 made in a good, proper and workmanlike mannerdamages.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks, and curbs appurtenant thereto in reasonably good order and repair (includingwhether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased Premises) in the same (Property or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany portion thereof), and shall promptly except as otherwise provided in Articles XIII and XIV, with reasonable promptness will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether foreseen or unforeseen, which may be required nature (including remodeling to be made upon or in connection with the Leased Premises in order extent necessary to keep and maintain the Leased Premises Property in a condition substantially the order and same as exists on the date hereof), whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition required by existing prior to or after the commencement of the Term of this Paragraph 11(aLease (concealed or otherwise). Tenant All repairs and remodeling shall, to the extent reasonably achievable, be at least equivalent in quality to the original work and shall do be accomplished by Lessee or cause others a party selected by Lessee. Lessee will not take or omit to do all shoring take any action the taking or omission of which might materially impair the value or usefulness of the Leased Premises Property or any part thereof for the Primary Intended Use. If Lessee fails to complete or to diligently pursue completion 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 any of the Leased Premisesits obligations hereunder, whether or if Lessor reasonably determines that action is necessary and is not Landlord shallbeing taken Lessor may, on giving 30 days' written notice to Lessee (other than in a case reasonably deemed by reason of Lessor to be an emergency, in which case no such notice shall be required), without demand on Lessee, perform any Legal Requirements or Insurance Requirements, be required such obligations in such manner and to such extent and take such other 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)Lessor may deem appropriate, and all repairs costs, expenses and charges of Lessor relating to any such action shall constitute Additional Charges and shall be made payable by Lessee to Lessor in a good, proper and workmanlike manneraccordance with Section 2.3.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseAt Tenant’s expense, Tenant shall at all times put, keep and maintain the Leased Premises (includingand appurtenances in good sanitary condition during the term of this Lease and any extension of it. In particular, without limitation, Tenant shall keep the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) fixtures in the same (house or better) 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 order of repair as exists as of use reasonable diligence in maintaining the Commencement Date, except for ordinary wear yard and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen landscape in or unforeseenon the Premises, which may shall include but not be required limited to be made upon watering, mowing, fertilizing, trimming and controlling all lawn pests on all lawns, shrubbery, bushes, flowers, gardens, trees, rock or in connection with other landscaping and foliage on or encroaching on the Leased Premises in order or any easement appurtenant to the Premises; and keep the walls free from dirt and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)debris. Tenant shall do 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 address for notices, as set out in this Lease. Tenant may not repair or cause others to be repaired any condition, regardless of the cause, 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 all shoring so by law. Landlord may require advance payment of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate repairs for preservation and safety thereofwhich Tenant is liable. If Tenant fails to promptly reimburse Landlord for any repair costs that Tenant is obligated to pay, by reason of or in connection with any excavation or other building operation upon any of 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. 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 Tenant shall be deemed to preclude be in default of this Lease. If Tenant is delinquent in rent at the time the repair notices are delivered to Landlord, 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 complete the repair, Tenant shall pay any trip charges resulting from being entitled Tenant’s failure to insurance proceeds or condemnation awards for Restoration pursuant provide access to Paragraphs 13(c) and 14(g)the Premises. Tenant shall, in all events, 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 agrees that no signs will be placed or painting done on or about the date Premises by Tenant becomes aware that such repairs are necessary, or, in or at Tenant direction without the event prior written consent of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, and the roof, landscaping, walls, footings, foundations Adjoining Property in as good repair and structural components appearance as they are in on the date hereof and after completion of any deferred maintenance items required by Initial Lender and fit to be used for their intended use in accordance with the better of the Leased Premises) practices generally recognized as then acceptable by other companies in its industry or the then current standards for similarly situated office buildings prudently managed, and, in the same (or better) condition and order of repair as exists as case of the Commencement DateEquipment, 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 repairs and replacements 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) whether disclosed by Landlord or Tenant or as a consequence of any inspection by Lender promptly after the need for such Alterations becomes known to Landlord or Tenant. Any Alterations required to be made upon as a result of any inspection by Lender shall be commenced within thirty (30) days from receipt of notice from Landlord or in connection with the Leased Premises in order Lender and thereafter diligently pursued to keep and completion. Landlord shall not be required to make any Alteration, whether foreseen or unforeseen, or to 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 any of the Leased Premises or Adjoining Property 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 foundations and walls of the Improvements and every other act necessary Landlord or appropriate for preservation and safety thereof, to require Landlord to make Alterations. Any Alteration made by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to this Paragraph 13(c) or 14(g), within sixty (60) 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 12 shall be made in a good, proper conformity with the provisions of Paragraph 13 and workmanlike mannerthe requirements of any Lender.

Maintenance and Repair. (a) Except for any Alterations that 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 is permitted or otherwise the responsibility of other tenants or occupants of the Building. Subject to make pursuant to this LeaseSection 3.5 hereof, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components be responsible for paying Tenant’s Proportionate Share of the Leased Premises) foregoing maintenance and repair costs as Additional Charges pursuant to 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 useful life of such alterations, additions, changes, repairs, replacements or other items in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearaccordance with generally accepted accounting principles, 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 be responsible, as an Additional Charge in any given year, only for Tenant’s Proportionate Share of such costs attributable 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)said year. Tenant shall, at Tenant’s cost, keep the Premises in all eventsgood order and repair and shall maintain the Premises in a clean, make all repairs for which it is responsible hereunder promptly (but in safe, operable, attractive condition, and shall not permit or allow to remain any event shall commence actions waste or damage to initiate such repairs as quickly as possible after any portion of the date Tenant becomes aware that such repairs are necessaryPremises. Any heating, orair conditioning, electrical and mechanical equipment installed in the event 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 a Restoration pursuant any repair or replacement work performed by Landlord under this 7.1(a) in excess of any insurance proceeds payable with respect to Paragraph 13(c) or 14(g), such work shall be paid by Tenant to Landlord within sixty ten (6010) days of the date insurance proceeds or a condemnation award after Landlord has been paid delivered 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 made in a good, proper and workmanlike manneran invoice therefore.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseSubtenant shall, Tenant shall at all times putSubtenant’s sole expense, keep the Sublease Premises and maintain the Leased Premises (includingevery part thereof in good condition, 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, condemnation and shall promptly make all repairs insured casualty excepted, except for any obligations of Sublandlord under the Master Lease that are specifically set forth and replacements assumed by Sublandlord in this Sublease (including any obligations relating to the Sublease Premises prior to the Commencement Date herein) and any obligations of every kind and natureMaster Landlord under the Master Lease. If (x) Sublandlord reasonably determines that any maintenance and/or repair of the Sublease Premises is required under the terms of the Master Lease, whether foreseen or unforeseenand, which subject to such shorter time as may be required to be made upon or in connection with under the Leased Premises in order to keep Master Lease and maintain the Leased Premises in the order any maintenance and condition required repair rights of Master Landlord thereunder, such maintenance and/or repair item has not been completed 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 any of 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. 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 preclude Tenant Subtenant within ten (10) business days after notice from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware Sublandlord that such repairs are necessary, item is required (or, in the event if such maintenance or repair is not reasonably capable of a Restoration pursuant to Paragraph 13(cbeing completed within such ten (10) or 14(g)business day-period, commenced within sixty (60) 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 time period and preserve the integrity and safety of the Leased Premises pending such payment) and shall thereafter diligently pursue such repairs prosecuted to completion), or (y) any maintenance and/or repair to the Building is required by reason of the negligent act or omission or willful misconduct of Subtenant or its agents, employees, contractors, invitees, or licensees, and all Sublandlord or Master Landlord performs the required maintenance or repair work, Subtenant shall pay to Sublandlord or Master Landlord (as applicable) the reasonable cost of such maintenance and repairs. Subtenant hereby waives and releases any right to make repairs shall be made at Sublandlord’s expense under any applicable law now or hereafter in a goodeffect, proper except to the extent expressly set forth in Section 17 of this Sublease and workmanlike mannerSection 48 of the Master Lease.

Maintenance and Repair. Except as described in Exhibit “C”, attached, the Tenant accepts the Premises in its present condition as a date hereof. It is Landlord’s responsibility to maintain and repair the foundation, roof, permanent structures, exterior walls (aexcept doors and glass) Except and utility lines to their exterior point of entry; provided, however, that Landlord shall not be responsible for any Alterations that Tenant maintenance necessitated by the acts of Tenant, its agents or invitees. It is permitted Tenant’s responsibility to make pursuant maintain and keep in good repair the interior of the Premises, including fixtures, windows, doors, utilities, and all other repairs made necessary by Tenant’s failure to this Leaseso maintain; provided, however, Tenant shall at all times putnot be responsible for maintenance necessitated by the negligence or intentional wrongful acts of Landlord or its agents. Tenant must deliver the Premises to Landlord upon termination in as good condition as when leased, keep reasonable wear and tear excepted. If Tenant neglects to so maintain the Leased 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 (includingwithout liability for loss or damage to Tenant’s property, without limitationand 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 roofestimated 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, landscapingor (3) fails to question in good faith the necessity of all or a part thereof, walls, footings, foundations and structural components of the Leased PremisesTenant may (if not otherwise in default) 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 complete such repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with deduct 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 any of 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. 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 preclude Tenant reasonable cost thereof on a prorated basis from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which each rental installment as it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerdue.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted shall, subject to make pursuant to this LeaseLandlord’s obligations hereinafter provided, Tenant shall at all times putduring the term hereof, keep and at Tenant’s sole cost and expense, keep, maintain and repair the Leased Premises building and other improvements upon the demised premises in good and sanitary order and condition (including, except as hereinafter provided) including without limitation, the roofmaintenance and repair of any store front, landscapingdoors, wallswindow casements, footingsglazing, foundations heating and structural components of the Leased Premises) in the same air conditioning system (or better) condition if any), plumbing, pipes, electrical wiring 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)conduits. Tenant shall do also at its sole cost and expense be responsible for any alterations or cause others improvements to do all shoring the demised premises necessitated as a result of the Leased Premises requirement of any municipal, state or of foundations and walls federal authority. Tenant hereby waives all right to make repairs at the Expense of the Improvements landlord, and every other act necessary or appropriate for preservation and safety thereofif the demised premises are located in the State of California, Tenant hereby waives all rights provided by reason of or in connection with any excavation or other building operation upon any Section 1941 of the Leased PremisesCivil Code of the State of California to make said repairs. By entering into the demised 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. 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 Tenant shall be deemed to preclude have accepted the demised premises as being in good and sanitary order, condition and repair, and Tenant from being entitled agrees on the last day of said term or sooner termination of this lease to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 surrender the date Tenant becomes aware that such repairs are necessary, ordemised premises with appurtenances, in the event same condition as when received, reasonable use and wear thereof and damage by fire, act of a Restoration pursuant God or by the elements excepted. Tenant shall periodically sweep and clean the sidewalks adjacent to Paragraph 13(c) or 14(g)the demised premises, within sixty (60) days as needed. Landlord shall, subject to Tenant’s reimbursement as herein provided, maintain in good repair the exterior walls, roof and sidewalks. Tenant agrees that it will not, nor will authorize any person to, go onto the roof of the date insurance proceeds or building of which the demised premises are a condemnation award has been paid to part without the Trustee (it being understood 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 shall take such steps as are reasonably necessary to protect at Tenant’s expense 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 will be made in such a goodmanner so as not to invalidate any guarantee relating to said roof. Landlord shall not be required to make any repairs to the exterior walls, proper roof and workmanlike mannersidewalls unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. Tenant shall reimburse Landlord for its prorata share of the cost of said repairs and maintenance incurred by Landlord, said prorata share to be determined according to the area of the demised premises as it relates to the total area of the building which contains the demised premises.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be 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 (a5%) of the cost and expense of such maintenance or repairs (and Landlord agrees to 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 for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair, normal wear and tear excepted. 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 at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, 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) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements 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 fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as 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 any of 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. 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 Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) 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, as additional rent, the reasonable cost of such maintenance and repairs. Except for as provided in Paragraph 8.5, there shall be no abatement of rent or liability to Tenant on account of any Alterations that 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 is permitted expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford to Tenant a right to make pursuant repairs at Landlord's expense or to terminate this LeaseLease because of Landlord's failure to keep the Premises in good order, condition and repair. Notwithstanding Landlord's obligation to the keep the Premises in good condition and repair, for that portion of the cost of any maintenance and repair of the Premises or any equipment (wherever located) that serves only Tenant or the Premises, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components be responsible for payment of the Leased Premises) in cost thereof to Landlord as additional rent to the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary extent such cost is attributable to causes beyond normal 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 be responsible for the cost of repairing or cause others to do all shoring replacing any Premises improvements that are not ordinarily a part of the Leased Premises Building or that are above then Building Standards. Landlord may, at its option, upon reasonable notice, elect to have Tenant perform any maintenance or repair, the cost of foundations which is Tenant's responsibility hereunder. Notwithstanding the provisions of Section 5.1, if Landlord fails to perform its maintenance and walls repair obligations hereunder within a reasonable time, and, as a consequence, Tenant's use of the Improvements Premises is substantially impaired, Tenant shall have the right to cause such repair or maintenance to be performed at Landlord's expense and every other act necessary or appropriate for preservation and safety to deduct the costs thereof, together with interest thereon at the highest rate permitted by reason of or in connection with any excavation or other building operation upon any of law, from the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required rent payable 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseAt Tenant’s expense, Tenant shall at all times put, keep and maintain the Leased Premises (includingand appurtenances in good sanitary condition during the term of this Lease and any extension of it. In particular, without limitation, Tenant shall keep the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) fixtures in the same (house or better) 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 order of repair as exists as of use reasonable diligence in maintaining the Commencement Date, except for ordinary wear yard and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen landscape in or unforeseenon the Premises, which may shall include but not be required limited to be made upon watering, mowing, fertilizing, trimming and controlling all lawn pests on all lawns, shrubbery, bushes, flowers, gardens, trees, rock or in connection with other landscaping and foliage on or encroaching on the Leased Premises in order or any easement appurtenant to the Premises; and keep the walls free from dirt and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)debris. Tenant shall do 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. Major maintenance and repair of the Premises involving anticipated or actual costs in excess of $5,000.00 per incident that is not due to Tenant's misuse, waste, or neglect or that of his or her family, agent, or visitor and all repairs necessary to alleviate a condition that materially affects the physical health and safety of an ordinary tenant will be the responsibility of Landlord or Landlord's assigns. All requests for repairs, by the Tenant, must be in writing and delivered to the Landlord or its agent at the Landlord’s address for notices, as set out in this Lease. Tenant may not repair or cause others to be repaired any condition, regardless of the cause, 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 all shoring so by law. Landlord may require advance payment of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate repairs for preservation and safety thereofwhich Tenant is liable. If Tenant fails to promptly reimburse Landlord for any repair costs that Tenant is obligated to pay, by reason of or in connection with any excavation or other building operation upon any of 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. 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 Tenant shall be deemed to preclude be in default of this Lease. If Tenant is delinquent in rent at the time the repair notices are delivered to Landlord, 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 complete the repair, Tenant shall pay any trip charges resulting from being entitled Tenant’s failure to insurance proceeds or condemnation awards for Restoration pursuant provide access to Paragraphs 13(c) and 14(g)the Premises. Tenant shall, in all events, 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 agrees that no signs will be placed or painting done on or about the date Premises by Tenant becomes aware that such repairs are necessary, or, in or at Tenant direction without the event prior written consent of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted shall, subject to make pursuant to this LeaseLandlord's obligations hereinafter provided, Tenant shall at all times putduring the term hereof, and at Tenant's sole cost and expense, keep maintain and maintain repair the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations demised premises in good 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 sanitary order and condition required by this Paragraph 11(a(except as hereinafter provided). Tenant shall do or cause others hereby waives all rights to do all shoring make repairs at the expense of Landlord, provided that Landlord is in substantial compliance with his obligations to repair under the Leased Premises or provisions of foundations and walls of this lease. By entering into the Improvements and every other act necessary or appropriate for preservation and safety thereofdemised premises, by reason of or in connection with any excavation or other building operation upon any of 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. 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 Tenant shall be deemed to preclude have accepted the demised premises as being in good and sanitary order, condition and repair and Tenant from being entitled agrees on the last day of said term or sooner termination of this lease, to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 surrender the date Tenant becomes aware that such repairs are necessary, ordemised premises with appurtenances, in the event same condition as when received, reasonable use and wear thereof and damage by fire, act of a Restoration pursuant God or by the elements excepted. Landlord shall maintain in good repair the exterior walls, roof, sidewalks, and common areas. Tenant is responsible for all other item including but not limited to Paragraph 13(c) or 14(gthe heating and air conditioning system, electrical system, plumbing (including pluggage and stoppage of sanitary sewer system), within sixty (60) days 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 agrees that it will not, nor will it authorize any person to go onto the roof of the date insurance proceeds or building of which the demised premises are a condemnation award part, without the prior written consent of Landlord. Landlord shall not be required to make any repairs unless and until Tenant 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 notified Landlord in writing of the Leased Premises pending such payment) and shall diligently pursue need for such repairs and Landlord shall have a reasonable period of time thereafter to completion), commence and all repairs shall be made in a good, proper and workmanlike mannercomplete said repairs.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leasewill, Tenant shall at all times putTenant's sole expense, keep and maintain the Leased Premises (includingleased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, without limitationTenant 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, snow and debris; deposit all garbage and waste in a clean and sanitary manner into the roof, landscaping, walls, footings, foundations proper receptacles and structural components 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 Leased Premises) in drains and shall pay for the same (cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or better) condition damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks; and, at Tenant's sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and order 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 as exists as of the Commencement Dateleased premises, except for ordinary wear 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 teardriveways free of ice, snow, and shall promptly make all repairs debris, and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection safe condition in accordance with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)city ordinance. Tenant shall do 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 or cause others to do all shoring repairs, which fall within the responsibility of the Leased Premises Landlord, shall be requested by phone, in writing, or via email or the internet. Tenant shall not make repairs or hire contractors to make repairs without the Landlords written consent. Landlord shall respond to the emergency maintenance request as soon as practical. For the purposes of foundations this Rental Agreement, emergency maintenance is fire, flood, and walls uncontrollable water, backed up sewer, electrical problem endangering life, or smell of gas. Tenant is directed to call 911 for emergencies causing immediate danger such as fire or smell of gas. Tenant agrees to attempt to remedy all 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 any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required below maintenance issues prior 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.notifying Landlord:

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseshall, Tenant shall at all times putits sole cost and expense, keep and maintain the Leased Premises (Premises, including, without limitationbut 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, landscapingstructural walls and foundation of any improvements (“Structural Repairs”), walls, footings, foundations and structural components reasonable evidence of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except which has been provided to Landlord. Landlord will be responsible for ordinary wear and tear, and shall promptly necessary Structural Repairs. Landlord will not be responsible to make all repairs and replacements of every kind and nature, whether any other foreseen or unforeseen, or ordinary or extraordinary changes or repairs which may be required to be made upon keep the Premises in good (or any other) repair and condition; 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 compliance with any excavation or other building operation upon any of the Leased Premisesapplicable laws except as may otherwise be expressly provided herein. Except as expressly provided herein, whether or Landlord shall not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take maintain, repair or rebuild the improvements on the Premises or maintain the Premises. If Landlord does not perform the repairs, maintenance and replacements required pursuant to this Lease within thirty (30) days after receipt of written notice from Tenant; provided, however, that if any such action or repairs cannot be liable for failure reasonably performed with said thirty (30) day period by the exercise of due diligence by Landlord, then the same shall not give rise to Tenant’s right 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, then Tenant shall have the right, but not the duty, to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRsaid repairs, WHETHER FORESEEN OR UNFORESEENmaintenance and replacements on behalf of Landlord and Tenant may offset the cost thereof, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYplus ten (10%) percent for overhead, 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 against the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerRent.

Maintenance and Repair. ‌ Tenant’s maintenance and repair obligations with respect to the Parking Improvements (aif any), Surface Parking Improvements, and Premises Surface Parking shall be as set forth in Section 4.3 and Exhibit “R”, Exhibit “R-3” or Exhibit “R-4”, as applicable, and not this Article 15. At any time when any Hotel Management Agreement is in effect, Tenant shall, at its sole cost and expense, and at all times during the Term, comply with the maintenance and repair standards for the Premises and the Initial Improvements set forth in such Hotel Management Agreement. Tenant, at its sole cost and expense, shall also maintain, repair, replace and rebuild the Premises and Initial Improvements as necessary to keep the Initial Improvements in first-class condition and repair except for reasonable wear and tear. Without limitation of the foregoing, Tenant shall perform all maintenance and make all repairs and replacements, ordinary as well as extraordinary, foreseen or unforeseen, structural or otherwise, which may be necessary or required so that at all times the Premises and the Initial Improvements (together will all equipment, trade fixtures, mechanical and utility systems, paving, landscaping, installations and appurtenances) Except shall be in compliance with the Hotel Management Agreement, and in first-class condition and repair, except for reasonable wear and tear. Tenant acknowledges and agrees that, during the Term, in order to adhere to these maintenance and repair standards, certain repairs and replacements which are accounted for as capital expenditures shall be required and are bargained for by Landlord as consideration for this Lease, and that regular capital reinvestment in the Premises and the Initial Improvements should therefore be anticipated by Tenant and that capital reinvestment for such purposes does not qualify Tenant for any Alterations concessions, subsidies, or other modifications of the Lease during the Term. Tenant also acknowledges that capital expenditures related to maintenance and repair so as to keep or return the Initial Improvements to first-class condition and repair are not to be equated with capital expenditures for a major refurbishment or renovation representing an upgrade to the appearance and/or operation of the Initial Improvements which extends its useful life and repositions the Initial Improvements in a manner likely to generate more Revenue. Further, Tenant is permitted shall provide containers for the collection of trash and garbage outside the Initial Improvements, which may require Landlord's approval, and keep the Premises and the Initial Improvements in a clean, safe, healthy and sanitary condition, free and clear of rubbish, litter, and any fire hazards. Tenant's maintenance shall include, without limitation, all preventive maintenance, painting and replacements necessary to make maintain and preserve the Premises and Initial Improvements, and compliance with the Best Management Practices (“BMPs”) set forth in the Jurisdictional Runoff Management Program incorporated by reference in Article 10 of the San Diego Unified Port District Code. Prior to Tenant performing any non-routine repair or replacement (which shall mean any repair or replacement that does not occur with an expected or known frequency in the normal course of business) to the exterior, the structure or building systems or which will substantially interfere with the typical operation of the Initial Improvements, or affect the portions of the Initial Improvements that are generally accessible to the public, such as the lobby area of the Resort Hotel, Tenant shall submit to Landlord plans and specifications with respect to such repair or replacement, as applicable, and receive Landlord's written approval thereof, pursuant to the procedures set forth in Article 6, as if such repair or replacement, as applicable, were Alterations. If such approval is administrative, Landlord shall not unreasonably reject any plans or specifications with respect to any repair or replacement, as applicable, that, if not performed by Tenant, would result in an Event of Default. If such approval is not administrative, Tenant shall cooperate in good faith with Landlord to prepare plans or specifications with respect to any repair or replacement to be presented to the BPC. If the BPC withholds its consent and does not give Tenant the opportunity to revise the plans or specifications for reconsideration by the BPC, then Tenant may challenge such decision of the BPC through Judicial Reference in accordance with Section 10.4.3(c). Tenant’s obligation to repair or replace shall be suspended during the pendency of any Judicial Reference pursuant to this Section 15.1. By entering into this Lease, Tenant shall expressly waives all rights to make repairs at all times putthe expense of Landlord, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components as provided in Section 1942 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 reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)California Civil Code, and all repairs shall be made in a good, proper and workmanlike mannerrights provided by Section 1941 of the California Civil Code.

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 (aincluding all windows and doors, all interior equipment and plumbing and electrical systems supplied and used exclusively by Tenant, and such other fixtures as are used in connection with the occupancy of the Premises, including any and all replacements made by the Tenant) Except for any Alterations (except such as are the Landlord's obligation to maintain hereunder) in such condition, repair and order, as the same now are or hereafter may be put, reasonable wear and tear, repairs that Tenant is permitted are the obligation of Landlord to make pursuant hereunder excepted. With respect to this Leasethe HVAC system which serves the Premises, Tenant the parties agree that title to such system is hereby transferred to Landlord’s sole ownership, and in consideration thereof Landlord shall at assume all times putresponsibility for the maintenance and repair of such system. The initial cost to Landlord for updating the existing HVAC system shall be amortized as a portion of the lease rate charged to Tenant, keep as set forth in Exhibit A, but all other costs of repair and maintenance of the HVAC system shall be borne by Landlord. Landlord shall repair and maintain the Leased Premises (includingCommon Areas, without limitation, including the roof, landscapingfoundation, load-bearing walls, footingsfire panel and alarm, foundations sprinkler system, utility lines and systems that do not exclusively serve the Premises and other structural components of the Leased Premises) Building in the same (or better) condition good condition. Landlord, at its own cost and order of repair as exists as of the Commencement Date, except for ordinary wear and tearexpense, and without reimbursement from Tenant, shall promptly make be responsible for all capital repairs and replacements of every kind and natureat the Premises except as due to the negligence, whether foreseen willful misconduct, 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 gross negligence of the Leased Premises Tenant, or its employees, agents, or contractors, or caused by a breach by Tenant 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 any of 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 soits obligations under this Lease. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant an emergency requiring Tenant to Paragraph 13(c) take preventative action, if Tenant is unable to contact Landlord using commercially reasonable attempts, or 14(g)if Landlord is not reasonably able to respond accordingly, within sixty (60) days Tenant is authorized to take reasonable remedial action and Landlord will promptly reimburse Tenant for any reasonable costs associated with such remedial action upon presentation of reasonable documentation in substantiation 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 made in a good, proper and workmanlike manneremergency costs.

Maintenance and Repair. (a) Except for At any Alterations that Tenant time when any Hotel Management Agreement is permitted to make pursuant to this Leasein effect, Tenant shall RIDA shall, at its sole cost and expense, and at all times putduring the Term, comply with the maintenance and repair standards for the Facility set forth in such Hotel Management Agreement. RIDA, at its sole cost and expense, shall also maintain, repair, replace and rebuild the Facility as necessary to keep the Improvements (other than the Existing Improvements) in First-Class Condition except for reasonable wear and maintain tear. Without limitation of the Leased Premises foregoing, RIDA shall perform all maintenance and make all repairs and replacements, ordinary as well as extraordinary, foreseen or unforeseen, structural or otherwise, which may be necessary or required so that at all times the Facility (includingtogether will all equipment, trade fixtures, mechanical and utility systems, paving, landscaping, installations and appurtenances) shall be in compliance with the Hotel Management Agreement, and in First-Class Condition. RIDA acknowledges and agrees that, during the Term, in order to adhere to these maintenance and repair standards, certain repairs and replacements which are accounted for as capital expenditures shall be required and are bargained for by the Port in consideration of the Site Lease, by JEPA in consideration of the Facility Lease, and by City as consideration for this Sublease, and that regular capital reinvestment in the Facility should therefore be anticipated by RIDA and that capital reinvestment for such purposes does not qualify RIDA for any concessions, subsidies, or other modifications of the Sublease during the Term. Further, RIDA shall provide containers for the collection of trash and garbage outside the Convention Center, which may require the City’s approval, and keep the Facility in a clean, safe, healthy and sanitary condition, free and clear of rubbish, litter, and any fire hazards. RIDA’s maintenance shall include, without limitation, all preventive maintenance, painting and replacements necessary to maintain and preserve the roofFacility, landscaping, walls, footings, foundations and structural components of compliance with the Leased Premises) BMPs. Except in the same (event where RIDA may need to undertake work to protect life, public health and safety, and property, or better) condition to maintain public services and order of repair as exists as of private services, which constitutes an “emergency development” in the Commencement Date, except for ordinary wear and tearPort’s CDP Regulations, and shall promptly make all repairs be processed by the Port in accordance with the “Emergency Developments” section of said CDP Regulations, prior to RIDA performing any non-routine repair or replacement (which shall mean any repair or replacement that does not occur with an expected or known frequency in the normal course of business) to the exterior, the structure or building systems or which will substantially interfere with the typical operation of the Improvements, or affect the portions of the Improvements that are generally accessible to the public (if any), RIDA shall submit to the City plans and replacements of every kind specifications with respect to such repair or replacement, as applicable, and naturereceive the City’s written approval thereof, whether foreseen pursuant to the procedures set forth in this Section 6.6 and Section 6.10, as if such repair or unforeseenreplacement, which may as applicable, were an Alteration; provided, however, that RIDA shall not be required to do so if RIDA would not be made upon required to obtain the City’s approval if such repair or replacement, as applicable, were an Alteration. If the City’s approval is required pursuant to this Sublease for any plans or specifications with respect to any repair or replacement, then the City shall not unreasonably reject such plans or specifications with respect to any such repair or replacement, as applicable, that, if not performed by RIDA, would result in connection an Event of Default. If RIDA is legally required to obtain the BPC’s approval for any plans or specifications with respect to any repair or replacement, then RIDA shall cooperate in good faith with the Leased Premises City to prepare such plans or specifications to be presented to the BPC. If the City withholds its consent in order violation of this Section 6.6(a) or if the BPC withholds its consent and, in each case, the City or the BPC, as applicable, does not give RIDA the opportunity to keep and maintain revise the Leased Premises plans or specifications for reconsideration by the City or the BPC, as applicable, then RIDA may challenge such decision of the City or the BPC, as applicable, through Judicial Reference in the order and condition required by this Paragraph 11(aaccordance with Section 6.6(e). Tenant RIDA’s obligation to repair or replace shall do or cause others be suspended during the pendency of any Judicial Reference pursuant to do this Section 6.6. By entering into this Sublease, RIDA expressly waives all shoring rights to make repairs at the expense of any of the Leased Premises or Public Entities, as provided in Section 1942 of foundations the California Civil Code, and walls all rights provided by Section 1941 of the California Civil Code. All amounts expended by RIDA for maintenance and repair 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 any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required pursuant 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 this Section 6.6 shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards treated as supplemental Rent for Restoration pursuant to Paragraphs 13(c) and 14(g)all purposes of this Sublease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days conflict between the terms of the date insurance proceeds or a condemnation award has been paid Hotel Management Agreement and the terms of this Section 6.6(a) with respect to RIDA’s obligations hereunder, the Trustee (it being understood that Tenant terms of this Section 6.6(a) 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 made in a good, proper and workmanlike mannercontrol.

Maintenance and Repair. (a) (i) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times 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 and foundations, structural components of and other Improvements on the Leased Premises) and, subject to Paragraph 11(a)(iii) below, the Equipment in the same (or better) condition and order of repair as exists as of the Commencement DateDate 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRExcept as specifically set forth in this Lease, WHETHER FORESEEN OR UNFORESEENLandlord shall not be required to make any repair, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYwhether foreseen or unforeseen, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDor to maintain the Leased Premises or Adjoining Property in any way, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may be provided for in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds any Law now or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)hereafter in effect. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, 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 and structural components of the Leased Premises) in substantially the same (or better) condition and order of repair as exists as of the Commencement DateClosing Date (or, with respect to Alterations or an Expansion, as exists on the date such Alteration or Expansion is completed), except for ordinary wear and teartear and subject to removal of Obsolete Equipment, 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (promptly, but in any event shall commence actions to initiate such repairs within thirty (30) days, subject to delays as quickly as possible after a result of force majeure and receipt of any long lead time items, of the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty thirty (6030) days (subject to delays as a result of force majeure and receipt of any long lead time items) 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 made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations Lessee acknowledges that Tenant is permitted to make pursuant to this Leaseit has received the Leased Premises in good condition, Tenant shall repair and appearance. Lessee agrees that, at all times putits expense, it will keep and maintain the Leased Premises (includingand any Lessee's Improvements, without limitationincluding any altered, the roofrebuilt, landscapingadditional or substituted buildings, wallsstructures and other improvements thereto, footingsin good condition, foundations repair and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Dateappearance, except for ordinary wear and tear, and shall it will promptly make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes and 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 and any Lessee's Improvements in such good condition, repair and appearance and it will keep the order Leased Premises and condition any Lessee's Improvements orderly and free and clear of rubbish. Lessor shall not be required by this Paragraph 11(a). Tenant shall do to maintain, repair or cause others rebuild, or to do all shoring make any alterations, replacements or renewals of any nature to the Leased Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or to maintain the Leased Premises or any part thereof in any way. Lessee hereby expressly waives the right to make repairs at the expense of foundations and walls Lessor which may be provided for in any law in effect at the time of the Improvements and every other act necessary commencement of the Term of this Lease or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of which may thereafter be enacted. If Lessee shall abandon the Leased Premises, whether or not Landlord shall, by reason of it shall give Lessor and 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerPermitted Mortgagee immediate notice thereof.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good first class order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Articles XIV and tearXV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), including, without limitation, all required seismic repairs, replacements and upgrades. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which may be required to be made upon might materially impair the value 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 usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee shall make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased Premises, whether or Property and will 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 significantly impair the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 revenue producing capability of the Leased Premises pending such paymentProperty or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, modifications and remodeling shall, without payment by Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any and all repairs, improvements, additions, modifications and remodeling made to the Leased Property in excess of Twenty-Five Thousand and 00/100 Dollars ($25,000.00) and shall diligently pursue obtain consent from Lessor prior to making such repairs to completion)repairs, improvements, additions, modifications and all repairs shall be made in a good, proper and workmanlike mannerremodeling.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good first class order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Articles XIV and tearXV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, which may be required unforeseen or arising by reason of a condition existing prior to be made upon the commencement of the Term of this Lease (concealed 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(aotherwise). Tenant shall do All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or cause others omit to do all shoring take any action the taking or omission of which would be reasonably expected to materially impair the value or the usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee may make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased PremisesProperty and will not significantly impair the revenue producing capability of the Leased Property or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, whether or not Landlord modifications and remodeling shall, without payment by reason Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any Legal Requirements or Insurance Requirementsand all repairs, be required improvements, additions, modifications and remodeling made to take the Leased Property in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) and obtain consent from Lessor prior to making such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRrepairs, WHETHER FORESEEN OR UNFORESEENimprovements, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYadditions, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDmodifications and remodeling; provided, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing however, that if in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallreasonable judgment of Lessee emergency repairs are needed, in all events, Lessee may 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 date Tenant becomes aware and shall notify Lessor that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has have been paid to the Trustee (it being understood that Tenant shall take such steps made 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 made in a good, proper and workmanlike mannersoon as practicable.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make 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 reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code, or under any similar law, statute, or ordinance now or hereafter in effect.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c13 (c) and 14(g)14 (g) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner. Subject to Section 18 hereof, in the event that any Improvement shall violate any Legal Requirements or Insurance Requirements and as a result of such violation enforcement action is threatened or commenced against Tenant or with respect to the Leased Premises, then Tenant, at the request of Landlord, shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such violation, whether the same shall affect Landlord, Tenant or both, or (ii) take such action as shall be necessary to remove such violation, including, if necessary, any Alteration. Any such repair or Alteration shall be made in conformity with the provisions of Paragraph 12. If Tenant shall be in default under any of the provisions of this Xxxxxxxxx 00, Xxxxxxxx may after thirty (30) business days written notice given to Tenant and failure of Tenant to cure during said period, 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. In the event of an emergency Landlord shall notify Tenant of the situation by phone or other available communication. All reasonable sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, attorneys' fees and expenses) so incurred, together with interest thereon at the Default Rate from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Tenant shall from time to time replace with Replacement Equipment any of the Equipment which shall have become worn out or unusable for the purpose for which it is intended, been taken by a Condemnation as provided in Paragraph 13, or been lost, stolen, damaged or destroyed as provided in Paragraph 14. Tenant shall repair at its sole cost and expense all damage to the Leased Premises caused by the removal of Equipment or Replaced 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, shall be free and clear of all liens and rights of others and shall become a part of the Equipment as if originally demised herein.

Maintenance and Repair. (a) Except Unless caused by Lessee's negligence or willful misconduct or that of its employees or agents, Lessee shall not be required to bear the cost of any Capital Improvements, including (without limitation) Capital Improvements required by the Franchisor under the Franchise Agreement. Lessor shall be responsible for any Alterations that Tenant is permitted all Capital Expenditures, subject to (i) Lessor's right to approve all Capital Expenditures, in connection with Lessor's approval or deemed approval of the Capital Budget pursuant to Section 3.7 and (ii) Lessor's right in its sole discretion to refuse to make pursuant any Capital Expenditure required by the Franchisor; provided that, if such refusal results in a default under or termination of the Franchise Agreement, Lessor shall be responsible for all damages, termination payments payable by Lessee under the terms of the Franchise Agreement, application fees for a new franchise license approved by Lessor, increased royalty fees and other costs arising out of such refusal or out of the resulting need to this Leaseapply for and enter into a substitute franchise license agreement. Except as set forth in the preceding sentence, Tenant nothing herein shall at all times put, keep and maintain be construed to require Lessor to build or rebuild any improvement on the Leased Premises (includingProperty, without limitationor to fund any repairs, the roofreplacements, landscapingalterations, walls, footings, foundations and structural components restorations or renewals of any nature or description to 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 natureProperty, whether ordinary or extraordinary, foreseen or unforeseen, which may be required or to be made upon or make any expenditure whatsoever with respect thereto, in connection with the Leased Premises in order this Lease, or to keep and maintain the Leased Premises Property in any way. Lessee hereby waives, to the order and condition required extent permitted by this Paragraph 11(a). Tenant shall do or cause others law, the right to do all shoring make repairs at the expense of Lessor pursuant to any law in effect at the time of the Leased Premises execution of this Lease or hereafter enacted. Lessor shall have the right to give, record and post, as appropriate, notices of foundations and walls of the Improvements and every other act necessary nonresponsibility under any mechanic's lien laws now or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerhereafter existing.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseTenant, Tenant at its sole cost and expense, shall at keep the Property and all times putprivate roadways, keep sidewalks and maintain the Leased Premises (includingcurbs appurtenant thereto and which are under Tenant's control in good order, 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 Dateand, except for ordinary wear and tearas otherwise expressly provided to the contrary in Article XIV, and XV, or XVI with reasonable promptness, shall promptly make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, patent or latent, foreseen or unforeseen, which may be required or arising by reason of a condition existing prior to be made upon or in connection with the Leased Premises in order to keep commencement of the Term of this Lease and maintain regardless of the Leased Premises in the order and condition required by this Paragraph 11(a)cause necessitating repair. Tenant shall do or cause others also be obligated at its expense to do make all shoring of repairs, modifications and renovations necessary to comply with all licensing, safety and health and building code, regulations applicable to the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate Property so that it can be legally operated for preservation and safety thereof, its Primary Intended Use. All repairs by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, to the extent reasonably achievable, be at least equal in quality to the original work. Tenant shall not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of all eventsor any portion of the Property for the Primary Intended Use. Tenant shall give Landlord ten days prior written notice of any repair, 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 date Tenant becomes aware that such repairs are necessaryreplacement, or, in the event of a Restoration modification or renovation pursuant to Paragraph 13(cthis Section the cost of which exceeds $200,000 and, prior to commencing any such repair, replacement, modification or renovation, shall provide to Landlord either (i) a lien payment and completion bond in form and substance and issued by a surety reasonably acceptable to Landlord or 14(g)(ii) a payment and completion guaranty in form and substance and executed by a guarantor reasonably acceptable to Landlord, within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that as 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 made in a good, proper and workmanlike mannermay elect.

Maintenance and Repair. (a) Except for any Alterations The Tenants hereby acknowledge that they have been informed that the Landlord and/or his agents are not always available to provide support services to Tenants. Tenant is permitted agrees to make 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 perform minor repairs such as repairing leaking faucets and changing 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)air conditioning filters. Tenant shall do or cause others be responsible for failure to do all shoring of the Leased Premises or of foundations make such repairs 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 any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or shall 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 preclude Tenant damage resulting from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)such failure. Tenant shall, in shall pay the first $50.00 of all events, make all repairs; but Tenant shall not be responsible for more than $400.00 of repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after during the date Tenant becomes aware that initial term of the lease unless such repairs are necessarydue to Tenant's negligence or misconduct. If a problem comes up that should cost more than $50.00 to repair, orthen 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 the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 advance. Major repairs shall be made reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a goodreasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs. If, proper 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 workmanlike mannerthe 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 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 common law obligation of Landlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times puttimes, keep and at Tenant's expense, maintain the Leased Premises (includingin a clean, without limitationorderly, tenantable and sanitary condition, including Building areas of common usage. Tenant shall return the roof, landscaping, walls, footings, foundations and structural components Premises at the end of the Leased Premises) Term in the same (or better) condition good order and order of repair as exists as of the Commencement Date, except for ordinary wear and tearrepair, 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 obligated to keep repaired and maintained during the Term (i) any glass windows, 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 Leased Premises as provided for herein Landlord shall have the right , but not the obligation, to perform such maintenance as is required of Tenant in the order and condition required by this Paragraph 11(a). which event Tenant shall do reimburse Landlord for its costs in providing such maintenance or cause others repairs together with a ten (10%) percent charge for Landlord's overhead and Tenant shall promptly reimburse Landlord for the amount so billed to do all shoring Tenant by Landlord. At the end of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate Term, Tenant shall pay Landlord for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon damages to any of the Leased Premisesforegoing, whether or not such damages were caused by the act or neglect of Tenant or any person invited or employed by, or under the control of Tenant. Landlord shallshall not be responsible to make any improvements or repairs to the Premises, 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 and Landlord's sole obligation shall be deemed to preclude keep the Building's roof, walls and foundation structurally sound, except that Landlord shall not be responsible to make any such repairs made necessary by any act or neglect of Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)any person invited or employed by, or under the contract of Tenant. Tenant shall, in all events, make all repairs will obtain at its own expense a preventative maintenance contract on its air conditioning system for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days term of the date insurance proceeds or Lease, and shall provide a condemnation award has been paid copy of the maintenance agreement 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 made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseAt Tenant’s expense, Tenant shall at all times put, keep and maintain the Leased Premises (includingand appurtenances in good sanitary condition during the term of this Lease and any extension of it. In particular, without limitation, Tenant shall keep the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) fixtures in the same (house or better) 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 Xxxxxx’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 order of repair as exists as of use reasonable diligence in maintaining the Commencement Date, except for ordinary wear yard and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen landscape in or unforeseenon the Premises, which may shall include but not be required limited to be made upon watering, mowing, fertilizing, trimming and controlling all lawn pests on all lawns, shrubbery, bushes, flowers, gardens, trees, rock or in connection with other landscaping and foliage on or encroaching on the Leased Premises in order or any easement appurtenant to the Premises; and keep the walls free from dirt and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)debris. Tenant shall do 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 Xxxxxx's misuse, waste, or neglect or that of his or her family, agent, or visitor. Major maintenance and repair of the Premises involving anticipated or actual costs in excess of $5,000.00 per incident that is not due to Xxxxxx's misuse, waste, or neglect or that of his or her family, agent, or visitor and all repairs necessary to alleviate a condition that materially affects the physical health and safety of an ordinary tenant will be the responsibility of Landlord or Landlord's assigns. All requests for repairs, by the Tenant, must be in writing and delivered to the Landlord or its agent at the Landlord’s address for notices, as set out in this Lease. Tenant may not repair or cause others to be repaired any condition, regardless of the cause, 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 all shoring so by law. Landlord may require advance payment of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate repairs for preservation and safety thereofwhich Tenant is liable. If Tenant fails to promptly reimburse Landlord for any repair costs that Tenant is obligated to pay, by reason of or in connection with any excavation or other building operation upon any of 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. 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 Tenant shall be deemed to preclude be in default of this Lease. If Tenant is delinquent in rent at the time the repair notices are delivered to Landlord, 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 complete the repair, Tenant shall pay any trip charges resulting from being entitled Tenant’s failure to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid provide access to the Trustee (it being understood Premises. Xxxxxx agrees that no signs will be placed or painting done on or about the Premises by Tenant shall take such steps as are reasonably necessary to protect and preserve or at Tenant direction without the integrity and safety prior written consent of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLandlord’s sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, Tenant shall at perform all times put, keep other maintenance and repairs necessary to maintain the Leased Premises (includingimprovements in a first class operating condition and repair, without limitationboth interior or exterior, ordinary or extraordinary, including the roof, landscapingwindow 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, footingsceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, foundations servicing, repair and structural components maintenance of equipment and fixtures at the Leased Premises) in Property, including the same (or better) condition and order of repair as exists as of the Commencement Dateheating, except for ordinary wear and tearventilation, and shall promptly make all repairs air conditioning systems 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)changing filters for such systems. Tenant shall do also repair and be responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or cause others to do all shoring freezing of plumbing pipes, soil lines or fixtures. If any part of the Leased Premises improvements is damaged by Tenant, or Tenant’s employees, agents, or invitees or any breaking and entering of foundations and walls said improvements, Tenant shall provide Landlord with immediate written notification 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid damage to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect Property. After notification and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)approval by Landlord, and all repairs shall be made promptly at Tenant’s expense so as to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s stock, business, equipment, or fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant’s failure to pay shall constitute a gooddefault under this Lease. Tenant’s failure to give, proper and workmanlike manneror unreasonable delay in giving, notice of needed repairs or defects shall make Tenant liable for any loss or damage resulting from delay or needed repairs.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted At all times during the Term, subject to make pursuant to this Leasethe provisions of Article XII, Tenant shall (subject, with respect to any Tenant Option Property, to the further provisions of this Article X following a Partial Property Termination Date), at Tenant’s sole cost and expense, (i) maintain (without the prior written consent of Landlord) each Demised Premises, all times putTenant’s Property with respect thereto, keep and all Common Areas that (A) are appurtenant to such Demised Premises, (B) are in Tenant’s exclusive control or (C) Tenant is required to maintain the Leased Premises pursuant to any applicable Property Documents (includingcollectively, without limitation“Tenant Common Areas”), the roofin each case in good order, 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 teartear excepted) with the standard of care and quality taking into account the age of such Demised Premises, and shall otherwise in compliance with all applicable Property Requirements and the Permitted Use, and (ii) promptly make all customary (consistent with past practice) or necessary capital repairs and replacements thereof and thereto of every kind and nature, including without limitation all Required Work, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, which may be or arising by reason of Tenant’s use of the Demised Premises or such Tenant Common Areas, any prior use thereof or otherwise (but excluding any such repairs, replacements or other Work to the extent the same are required to be made upon as a result of Landlord’s gross negligence or willful misconduct, any affirmative acts in connection with work performed by Landlord or any of Landlord’s Related Users to any Tenant Option Property after a Partial TO Termination, or the Leased Premises negligence of any of Landlord’s Related Users in or about any Tenant Option Property after a Partial TO Termination), in each case, subject to ordinary wear and tear and taking into account the age of the applicable Demised Premises. Notwithstanding the foregoing, from and after the Partial Property Termination Date with respect to any Tenant Option Property, (A) Landlord shall (and Tenant shall no longer be obligated to) make and conduct all reasonable or customary maintenance, repairs and replacements of the load-bearing walls, roofs and other structural components (except any Alterations installed by Tenant that are located wholly within the Tenant Retained Portion) of such Tenant Option Property and (B) Tenant shall reimburse Landlord, as Additional Rent and, at Landlord’s option, as part of Installment Expenses, for Tenant’s Proportionate Share of the cost of all such maintenance, repairs and replacements; provided, however, that to the extent that any such maintenance, repairs or replacements disproportionately benefits either Portion of such Tenant Option Property, the Parties shall cooperate in good faith to adjust Tenant’s Proportionate Share of such costs solely with respect thereto in order to keep and maintain equitably reflect the Leased Premises in the order and condition required proportional benefit received by this Paragraph 11(a). Tenant shall do or cause others to do all shoring each of the Leased Premises or of foundations applicable Landlord Retained Portion and walls the applicable Tenant Retained Portion as a result of the Improvements applicable Work. In the event that the Parties cannot agree on the appropriate adjustment, either Party shall have the right to submit the same to expedited arbitration in accordance with the provisions of Section 27.1. Notwithstanding anything to the contrary herein and every other act necessary or appropriate for preservation and safety thereofthe avoidance of doubt, by reason in no event shall Tenant be in default of or in connection with any excavation or other building operation upon any its obligations under this Section 10.1(a) solely as a result of 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 its 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 perform any Required Work if Landlord’s consent is required with respect to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) such Work and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate Landlord unreasonably withholds such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerconsent.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at throughout the Term assume the entire responsibility and shall relieve Landlord from all times putresponsibility for all repair, keep maintenance, replacements and maintain capital improvements on the Leased Premises when the cost does not exceed $5,000.00 per occurrence (includingwhich shall include, without limitation, any buildings and improvements thereon such as access roads and drives, parking areas and landscaping), whether such repair, maintenance, replacements or capital improvements be ordinary or extraordinary, structural or otherwise provided, however, Tenant shall have the roofright to develop and redevelop the Premises as permitted pursuant to the terms of this Lease and, landscapingfurther provided, walls, footings, foundations and structural components that Tenant shall not be obligated to repair or replace any portion of the Leased Premises) in Premises which is damaged as the same (or better) condition and order of repair as exists as result of the Commencement Dateuse by third parties of easements which encumber the Premises and which easements benefit other property except to the extent such damage is caused by Tenant or its employees, except for ordinary wear members, patrons, invitees, agents, servants and tearindependent contractors. Maintenance, repairs, replacements and capital improvements shall promptly make all repairs be in quality and replacements of every kind and natureclass comparable to similar properties, whether foreseen or unforeseen, which may be required to be made upon or in connection with preserve the Leased Premises in order to keep and maintain the Leased Premises in the good order and condition required by this Paragraph 11(acondition. Landlord agrees to assume the balance of the cost for all repair, maintenance, replacements and capital improvements on the Premises which exceed $5,000.00 per occurrence. Landlord shall assume full cost responsibility for all repair, maintenance, replacements and capital improvements on the Premises after Tenant has expended a total of $30,000 for maintenance and repair expenditures within any current calendar year (and prorated for any partial calendar year). Tenant shall do assume full cost responsibility for all non-maintenance improvements or cause others expansions initiated by Tenant. Maintenance and repair items, as defined by this section, are limited to do all shoring of structural, mechanical, electrical, and plumbing systems and does not include consumable operating supplies. During the Leased Premises or of foundations and walls of Term, subject to the Improvements and every other act necessary or appropriate for preservation and safety thereoflimitations on Tenant’s obligations as indicated above, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, Tenant shall be required to take such action or be liable for failure keep all buildings and other improvements in good, tenantable, useable condition throughout the Term of this Lease (subject to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRcasualty, 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 condemnation and the preceding sentence shall be deemed other provisions of this Lease with regard to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) development and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days redevelopment 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 completionPremises), and all repairs shall be made in a goodwithout limiting the generality thereof, proper and workmanlike mannerTenant shall: appearance.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to acknowledges that, with full awareness of its obligations under this Lease, Tenant has accepted the condition, state of repair and appearance of the Premises. Tenant agrees that, at its expense, it shall at all times put, keep and maintain the Leased Premises (includingPremises, without limitationincluding any altered, rebuilt, additional or substituted buildings, structures and other improvements thereto or thereon, in safe condition, repair and appearance in a manner comparable with the roof, landscaping, walls, footings, foundations and structural components condition of the Leased Premises) in Premises at the same (or better) condition and order of repair as exists as commencement of the Commencement DateTerm of this Lease, except for ordinary reasonable wear and teartear excepted, but in no event shall the standard of maintenance and repair be less than the standards of maintenance and repair at other facilities of a similar nature owned or operated by Tenant or any Affiliate of Tenant. Tenant shall promptly make all repairs and replacements necessary to fulfill the foregoing maintenance and repair standards. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, whether foreseen and correct any patent or unforeseenlatent defects in the Premises, which may be required to be made upon or in connection with the Leased Premises in order to put, keep and maintain the Leased Premises in the order aforesaid condition, repair and condition required by this Paragraph 11(a)appearance. Tenant shall do will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or cause others observe all terms, covenants and conditions of any easement, restriction, covenant, declaration and maintenance agreement (collectively, "Easements") to do all shoring of which it may at any time be a party or to which the Leased Premises are currently subject or of foundations become subject pursuant to this Lease (including Tenant Easements 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 any of the Leased Premises, Landlord Easements) whether or not such performance is required of Landlord shallunder such Easements, by reason including without limitation, payment of any Legal Requirements all amounts due from Landlord or Insurance RequirementsTenant (whether as assessments, be required to take service fees or other charges) under 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Easements. Tenant shall, in all eventsat its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to such Easement. Landlord shall not be required to maintain, repair or rebuild, or to make all repairs for which it is responsible hereunder promptly (but any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any event shall commence actions way or to initiate such correct any patent or latent defect therein. Tenant hereby expressly waives any right to make repairs as quickly as possible after at the date Tenant becomes aware that such repairs are necessary, or, expense of Landlord which may be provided for in any law in effect at the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days time of the date insurance proceeds commencement of the Term or a condemnation award has been paid to the Trustee (it being understood that which may thereafter be enacted. If Tenant shall take such steps as are reasonably necessary to protect vacate or abandon the Premises, it shall give Landlord 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 made in a good, proper and workmanlike mannerany Mortgagee immediate notice thereof.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingand the Adjoining Property in good repair and appearance and, without limitation, in the roof, landscaping, walls, footings, foundations and structural components case of the Leased Premises) Equipment, in the same (or better) condition and order of repair as exists as of the Commencement Dategood mechanical condition, except for ordinary wear and tear, and shall promptly make all repairs Alterations (substantially equivalent in quality and replacements workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, structural or non-structural, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises Land and Improvements in as good repair and appearance as they were on the date hereof, and 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; provided, however, that Tenant's maintenance and repair obligations in the order and condition required event of a casualty loss or taking shall be governed by this Paragraph 11(a)Paragraphs 13 through 15 below. Tenant shall do or cause others to do all shoring of the Leased Premises or Adjoining Property or of foundations and walls of the Improvements and every other act necessary or appropriate for the preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased PremisesPremises or Adjoining Property, whether or not Landlord shall, by reason of any Legal Requirements or Insurance RequirementsRequirement, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any Alteration, WHETHER FORESEEN OR UNFORESEENwhether 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 or to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in maintain any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)or Adjoining Property in any way, and all repairs 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. Any Alteration made by Tenant pursuant to this subparagraph (a) or pursuant to subparagraph (b) of this Paragraph 11 shall be made in a good, proper and workmanlike mannerconformity with the provisions of Paragraph 12.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be 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 (a5%) of the cost and expense of such maintenance or repairs; 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 for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. Notwithstanding the preceding sentence, Tenant shall not be required to make, nor be financially responsible for (except to the 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 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 at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, 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) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements 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 fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as 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 any of 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. 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 Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep maintain each Related Premises and maintain the Leased Premises (including, without limitation, Adjoining Property in as good repair as each is in on the roof, landscaping, walls, footings, foundations date hereof and structural components fit to be used for their intended use in accordance with the better of the Leased Premises) 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 same (or better) condition and order of repair as exists as case of the Commencement DateEquipment, 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, and . Tenant shall promptly make all repairs and replacements 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). Landlord shall not be required to make any Alteration, whether foreseen or unforeseen, or to maintain any Related Premises or Adjoining Property 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 upon or in connection conformity with the provisions of Paragraph 13. Notwithstanding anything to the contrary in this Paragraph 12(a), Tenant shall have until June 30, 2007 to take such actions as may be required to cause the Leased Premises in order to keep and maintain comply with the Leased Premises in the order and condition required by provisions of this Paragraph 11(a12(a). , provided, however, that (i) any work that will be completed as a part of the Tenant Improvements will not be required to be completed until July 31, 2008 provided that on or before December 31, 2006 Tenant notifies Landlord in writing that such work will be completed as a part of the Tenant Improvements, and (ii) Tenant agrees to use reasonable efforts to in good faith timely address any requirements imposed by any governmental authority, applicable Law or any third party making a claim against Landlord or the applicable Related Premises even if such time period is shorter than the time periods otherwise required under this sentence (unless such claim is being contested in accordance with Paragraph 15(a) hereof), but 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 any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be expressly 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid prior 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 made in a good, proper and workmanlike mannertime periods otherwise set forth above.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists repair, as of the Commencement Dateinception of the 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 the 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS OR MAINTENANCE AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW LEGAL REQUIREMENTS NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation Condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner. Tenant shall keep the Building free of Mold.

Maintenance and Repair. (a) Except Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property and Tenant’s Property, and every portion thereof, and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and which are under Tenant’s control in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any Alterations that prior use, the elements or the age of the Leased Property and Tenant’s Property, and, with reasonable promptness, make all commercially reasonable and necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance 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 Commencement Date (including, but not limited to any latent or patent defects of the Leased Property). All repairs shall be at least equivalent in quality to the original work. Tenant is permitted will not take or omit to make pursuant take any action the taking or omission of which would reasonably be expected to this Lease, materially impair the value or the usefulness of the Leased Property or any part thereof or any Capital Improvement thereto for its Primary Intended Use. Tenant shall provide, install and at all times put, keep and maintain in the Leased Premises (all suitable furniture, fixtures and equipment, including, without limitation, the roofGaming Equipment, landscapingand all personal property necessary for the conduct of the Primary Intended Use. Notwithstanding the foregoing, wallsif Tenant reasonably believes that an election to not maintain, footings, foundations and structural components repair or replace any portion of the Leased Premises) Property or Tenant’s Property is in the same (best of interest of Tenant and the failure to maintain, repair or betterreplace such item(s) condition and order of repair as exists as of could not be reasonably expected to impair 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 fair market value of the Leased Premises or Property and Tenant’s Property, then Tenant may seek Landlord’s consent to waive compliance with the obligations 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 this Section 9.1 solely with respect to any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(gitem(s), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant which consent 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 not be made in a good, proper and workmanlike mannerunreasonably withheld.

Maintenance and Repair. (a) Except Tenant, at its expense and without the prior consent of Landlord, shall maintain (or cause Tenant's Subsidiaries to maintain) the Leased Property and Tenant's Property, 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 Alterations prior use, the elements or the age of the Leased 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 Tenant is permitted to make pursuant to this Leasecessation does not result in any non-compliance with any Legal Requirements, Communications Licenses, Pole Agreements or Communications Regulations, Tenant shall at all times put, keep have no obligation under this CLEC Master Lease to maintain (I) any asset or property Tenant has retired and maintain the Leased Premises replaced with a TCI Replacement; and (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased PremisesII) in the same up to $15,000,000 (or bettersuch higher amount as approved by Landlord in its sole discretion) 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 reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason per Lease Year of any Legal Requirements other retired assets or Insurance Requirementsproperty; provided, 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood however; that Tenant shall take provide prior written notice to Landlord of any such steps as are reasonably necessary retirement at least thirty (30) days prior to protect retiring any such asset and, in any event, Tenant shall be responsible for any liability resulting from the failure to maintain any retired copper asset. Notwithstanding the foregoing, at Landlord’s written request, Tenant shall continue to maintain (in accordance with the standards and preserve the integrity and safety terms of the Leased Premises pending this Article IX) any such paymentasset or property identified in clauses (I) and shall diligently pursue such repairs to completionor (II), at Landlord’s sole cost and all repairs shall be made in a good, proper and workmanlike manner.expense. 4444

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted as provided in Section 6.1 with respect to make pursuant maintenance, repair and other such obligations of Landlord and Article XIII with respect to this Leaserepair and restoration of damage or destruction arising out of a fire or other casualty or the exercise of eminent domain, and except as to reasonable wear and tear, Tenant shall at shall: keep the Premises and all times putfixtures thereon and therein in good repair, operating condition and working order; make and perform or cause to be made or performed all interior maintenance, repairs, and replacements necessary to keep and maintain the Leased Premises (in such condition, including, without limitation, by their inclusion, interior repainting, and replacement of glass damaged or broken and of floor and wall coverings worn or damaged; keep all roof drains clear of blockage by snow and other obstructions or debris; except for Capital Replacements (except as otherwise set forth in Section 6.1), keep all plumbing, lighting, elevator, heating, ventilating, air conditioning and other utility and mechanical systems in the roofPremises properly maintained and operating in good operating condition; and except for Capital Replacements (except as otherwise set forth in Section 6.1), landscapingproperly maintain the plumbing, wallslighting, footingselevator, foundations heating, ventilating, air conditioning and structural components other utility and mechanical systems in accordance with any manufacturers warranty and product standards with fully licensed contractors and under contracts, each reasonably acceptable to Landlord, qualified to perform the service. Landlord and its agents reserve the right to inspect the systems to insure proper maintenance in accordance with Section 12.3 of this Lease. If Landlord, in Landlord's reasonable judgment, determines such systems have not been properly and adequately maintained, as herein required, then Landlord, after written notice to Tenant and the expiration of the Leased Premisesapplicable grace period, shall have the right to remedy such maintenance deficiency and apportion all reasonable costs of such inspections and maintenance to Tenant's Common Area Maintenance Costs specified in Article V, Landlord and Tenant hereby agreeing that written notice or grace period not to be applicable in case of emergency with respect to persons or property. Tenant further covenants to (i) neither commit nor suffer waste and (ii) at the expiration or termination of this Lease peaceably to yield up the Premises in the same (or better) such order, repair and 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 Tenant is required to be made upon or in connection with the Leased Premises in order to keep maintain hereunder, first removing all goods and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). effects of 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 any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be which Tenant is required to take remove or which Tenant is permitted to remove and desires to remove and (iii) to repair all damage caused by such action or be liable for failure to do soremoval leaving the Premises clean and neat and in a condition as required under the terms of this Lease. 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 Any property not so removed by Tenant shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) abandoned and 14(g). Tenant shallmay be removed by Landlord, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerat Tenant's cost.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises in as good repair and appearance as they are on the date hereof (including, without limitation, subject to normal wear and tear) and fit to be used for their intended use in accordance with the roof, landscaping, walls, footings, foundations and structural components better of the Leased Premises) practices generally recognized as then acceptable by other companies in its industry or observed by Tenant with respect to the same (other real properties owned or better) operated by it. Tenant shall at all times maintain the Equipment in as good mechanical condition and order of repair as exists as it was on the later of the Commencement Datedate hereof or the date of its installation, except for ordinary wear and tear, . Tenant shall at all times maintain the Warehouse Expansion Improvements in as good repair and appearance as they are on the Final Completion Date. Tenant shall take every other action necessary or appropriate for the preservation and safety of the Leased Premises. Tenant shall promptly make all repairs and replacements 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. Landlord shall not be made upon required to make any Alteration, whether foreseen or in connection with unforeseen, or to maintain any of the Leased Premises in order any way, and Tenant hereby expressly waives any right which may be provided for in any Law now or hereafter in effect to keep 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 any of the Leased Premises to suffer waste, and shall take all commercially reasonable precautions necessary or required to prevent waste from occurring at any of the Leased Premises. Notwithstanding the foregoing, (i) in no event shall the provisions of this Paragraph 12(a) be construed to require Tenant to make replacements of existing improvements in any circumstance in which the making of repairs to existing improvements would be sufficient to maintain the Leased Premises in as good a condition as on the order date hereof, subject to ordinary wear and condition required by this Paragraph 11(a). Tenant shall do or cause others tear, and (ii) if Landlord determines that the roof needs to do all shoring be replaced in the last two (2) years of the Leased Premises or of foundations and walls end of the Improvements Term and every other act necessary or appropriate for preservation and safety thereofLandlord shall in its sole discretion require Tenant to make such replacement, the cost of such replacement will be borne by reason of or in connection with any excavation or other building operation upon any Tenant; provided that if Tenant elects to terminate this Lease at end of the Leased Premisesinitial Term, whether or not the cost of such replacement will be apportioned between Landlord shalland Tenant with Tenant’s share equal to the cost of such roof replacement multiplied by a fraction, by reason the numerator 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 which shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days remainder of the date insurance proceeds or a condemnation award has been paid to Term from the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve time Landlord determines the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)roof needs replacement, and all repairs the denominator of which shall be made in a good, proper and workmanlike mannerthe anticipated useful life of such roof as replaced.

Maintenance and Repair. (a) Except for any Alterations that From and after the time Tenant is permitted obtains possession of the Premises, Landlord shall have no obligation to make pursuant any repairs, improvements, or alterations whatsoever to this Leasethe interior of the Premises, except to the extent necessitated by the negligence or misconduct of Landlord. Landlord shall maintain in good and substantial repair during the Lease term, as a Common Area maintenance chare, the exterior of the Building (including the slab floor, roof, gutters, downspouts, and exterior walls, but not glass, plate glass, or doors) and sidewalks, paved parking, loading docks, utility lines not exclusively used by and located in the Tenant's premises, and utility lines used exclusively by Tenant located outside the Premises, and other Common Areas, except to the extent that the damage thereto is caused by negligence or misconduct or Tenant, in which event Tenant shall be responsible therefor. Notwithstanding the foregoing, Tenant shall only be responsible for utility lines located within the Premises that exclusively serve the Premises. As provided above, Tenant shall at all times putTenant's own cost and expense, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components all interior portions of the Leased Premises) Premises in good order and repair and in as safe and clean a condition as they were when received by Tenant, reasonable use and wear excepted. Said obligations shall include maintenance of exterior entrances, all partitions, doors, door jambs, door closers, door hardware, fixtures, equipment and appurtenances thereof, and plumbing, electrical, lighting, and heating systems which protrude into the Premises and all other portions of the Building except as provided 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)following paragraph. Tenant shall do at Tenant's sole cost and expense repair and replace the glass in any display window on the Premises that become broken, regardless or cause others cause. If Tenant refuses or neglects to do all shoring of repair items properly required under this paragraph as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or the Leased Premises or of foundations Tenant's business by reason there of, and walls of the Improvements and every other act necessary or appropriate for preservation and safety upon completion thereof, by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take pay Landlord's cost for making such steps as are reasonably necessary to protect repairs, plus 10% for Landlord's overhead 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 made in a good, proper and workmanlike mannersupervision.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, hereunder. Tenant shall at all times times, including any Restoration period, put, keep and maintain the Leased Premises (Premises, including, without limitation, the roof, landscaping, wallsparking areas, walls (interior and exterior), footings, foundations foundations, Building Systems, and structural and non-structural components of the Leased Premises) Premises in the same (or better) condition good repair and order of repair as exists as of the Commencement Date, except for ordinary wear and tearappearance, and shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, ordinary as well as extraordinary, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises in good repair and appearance. Tenant shall, during the order Term of this Lease, implement and condition required by this Paragraph 11(a)carry out a program requiring reasonable maintenance practices and preventative maintenance with respect to the Leased Premises. 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 building, operation upon any of the Leased Premises, 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENordinary as well as extraordinary, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYwhether 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 LANDLORDand 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 EFFECTwhich right may otherwise be provided for in any law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)the terms of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike mannermanner with materials substantially equivalent in quality to the original work. In the event that (i) Tenant shall make any repair to the Leased Premises and such repair is of the type with respect to which Landlord is entitled to have disbursed to it funds on deposit in the "Replacement Reserve" (as defined in Section 1.8(a) of the Mortgage) and (ii) such funds shall have been disbursed to Landlord, then, provided no Event of Default shall have occurred and be continuing, Landlord shall pay to Tenant any funds so disbursed to Landlord from the Reserve Fund on account of such repair promptly after Landlord's receipt of such funds.

Maintenance and Repair. 9.1.1 Lessee, at its expense, shall maintain the Leased Property, and every portion thereof, Lessee's Personal Property and all Capital Additions, and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and which are under Lessee's control in good order and repair whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of the Leased Property, Lessee's Personal Property and all Capital Additions, and, with reasonable promptness, make all necessary and appropriate repairs thereto of every kind and nature, including, without limitations all repairs described in Section 9.1.6 within the time periods specified in Section 9.1.6, and those necessary to comply with changes in any 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 Commencement Date. All repairs shall be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof or any Capital Addition thereto for its Primary Intended Use. 9.1.2 Lessor shall not under any circumstances be required to (ai) Except for build or rebuild any Alterations that Tenant is permitted improvements on the Leased Property; (ii) make any repairs, replacements, alterations, 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. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted. 9.1.3 Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (i) constituting the consent or request of Lessor, 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 Addition thereto; or (ii) 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 the Leased Property, or any portion thereof or any Capital Addition thereto. 9.1.4 Unless Lessor shall convey any of the Leased Property to Lessee pursuant to the provisions of this Lease, Tenant shall at all times putLessee shall, keep upon the expiration or earlier termination of the Term with respect to a Facility, vacate and maintain surrender the Leased Premises (includingProperty, without limitationLessor's Personal Property, the roofLessee's Personal Property and all Capital Additions in each case with respect to such Facility, landscaping, walls, footings, foundations and structural components of the Leased Premises) to Lessor in the same (condition in which such Leased Property and Lessor's Personal Property were originally received from Lessor and such Lessee's Personal Property and Capital Additions were originally introduced to such Facility, except as repaired, rebuilt, restored, altered or better) condition added to as permitted or required by the provisions of this Lease 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 reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.9.2

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease and as otherwise provided in this Lease, Tenant shall at all times during the Term, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Leased Premises or Adjoining Property in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand 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 EFFECTwhich right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to excuse Landlord for any repairs arising from Landlord's default under this Lease or its gross negligence or intentional misconduct or to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted hereby acknowledges that, to make pursuant to this comply with its obligations under Sections 5.4 and 5.6 of the Lease, Tenant must cause certain repairs to be made to the Leased Premises. Without limiting the rights and remedies of Landlord in the event of Tenant's failure to make such repairs, Landlord shall at all times put, keep notify Tenant of the date and maintain time reasonably designated by Landlord during which Landlord shall inspect the Leased Premises (including, without limitation, as it exists on the roof, landscaping, walls, footings, foundations and structural components Effective Date to identify all items of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except damage and/or improper maintenance for ordinary wear and tear, and which Tenant is responsible. Tenant shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required permit Landlord to be made upon or in connection with inspect the Leased Premises for such purposes, and upon completion of such inspection, Landlord shall provide Tenant with a list of all items requiring repair and/or replacement at that time. Upon Landlord's identification of such items, Landlord shall be authorized to make all listed repairs and/or replacements at Tenant's expense, using a reputable contractor selected by Landlord. As such items are repaired and/or replaced, and/or upon completion of such repairs and/or replacements, Landlord shall deliver to Tenant one or more invoices for the cost of such work, which cost shall be deemed to be Additional Rent under the Lease, and Tenant shall pay each and every invoice in order full within fifteen (15) days of receipt. Landlord and Tenant shall also follow the foregoing procedure as to keep and maintain the Leased Premises Section 2.6 in the order Building in the event of Landlord's exercise of the termination option as provided in paragraph 3 above. Landlord shall notify Tenant of the date and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring time of a further joint inspection of the Leased Premises or of foundations and walls approximately ninety (90) days prior to the end of the Improvements Extended Base Term. Tenant shall permit Landlord to inspect the Leased Premises for such purposes, and every other act necessary or appropriate for preservation upon completion of such inspection, Landlord shall provide Tenant with a list of all additional items requiring repair and/or replacement at that time. Upon Landlord's identification of such items, Landlord shall obtain and safety thereof, deliver to Tenant an estimate from a reputable contractor selected by reason of or in connection with any excavation or other building operation upon any Landlord of the Leased Premisescost of the repairs and/or replacements necessary to address such items or otherwise arrange to accomplish such repairs and/or replacements in a manner satisfactory to Landlord and at Tenant's sole cost and expense. Within fifteen (15) days after receipt of such estimate or the completion of such arrangements, whether or not Landlord shallTenant shall deposit with Broad and Cassel, by reason as escrowee, one hundrxx xxxnty percent (120%) of any Legal Requirements or Insurance Requirementsthe amount of such estimate and/or arrangements, and the escrowee shall be required entitled to take disburse to Landlord, upon receipt of invoices for items of such action or work, with the balance, if any, of the escrowed funds to be liable for failure returned 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 EFFECTTenant upon completion of such work. Nothing in the preceding sentence this paragraph 7 shall be deemed to preclude relieve Tenant from being entitled of any of its duties and obligations under the Lease, including without limitation those set forth in Sections 5.4 and 5.6, and nothing in this paragraph 7 shall be deemed to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, limit Landlord's remedies in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of Tenant's default under 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 made in a good, proper and workmanlike mannerLease.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall will at all times during the Term 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 that exists as exists of: (i) the date of substantial completion thereof, if the building and related improvements are not complete as of the Commencement Datedate of this Lease, except for ordinary wear and tear(ii) with respect to Alterations made in accordance with Section 12, and shall the date of substantial completion of such Alterations, or (iii) in all other cases, the date of this Lease. Tenant will at all times during the Term promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseenunforseen, which may be required to be made upon or in connection with the Leased Premises during the Term in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph Section 11(a). Tenant shall will 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 thereofthereof during the Term, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shallis, 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 REPAIRLandlord will not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Leased Premises or Adjoining Property (except if owned by Landlord) in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand 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 EFFECTwhich right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall will be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs Sections 13(c) and 14(g). Tenant shallwill, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall will be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted Tenant, at its sole cost and expense, shall, subject to make pursuant to the express terms of this Lease, keep all portions of the Property and the FF&E and all private roadways, 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 shall with reasonable promptness, at all times putTenant’s sole cost and expense, 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 necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, patent or latent, foreseen or unforeseen, which may be required and regardless of the cause necessitating repair. Tenant’s duty to maintain the Property and the FF&E shall include such actions as are needed in the reasonable judgment of Tenant to be made upon or in connection consistent with the Leased Premises in order to keep standards and maintain the Leased Premises practices in the order industry to prevent the deterioration of the value and condition required by this Paragraph 11(a)usefulness of the Property for its then current use. Tenant shall do or cause others also be obligated at its expense to do make all shoring repairs, modifications and renovations necessary to comply with all licensing, safety and health and building codes and regulations applicable to the Facilities for Tenant’s use of the Leased Premises or of foundations Facilities in accordance with this Lease. Tenant shall be obligated to repair at Tenant’s sole cost and walls expense any damage to any portion of the Improvements Land, the improvements thereon and every other act necessary or appropriate for preservation and safety thereofthe Facilities caused by cave ins, by reason collapse of or in connection with any excavation or other building operation upon any sub surface support, subsidence of the Leased Premisessurface of the land, the extraction of minerals from the Land (whether through the surface of the Land or not Landlord shallby 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 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration mining) occurring pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but any reserved mineral rights in any event shall commence actions deed running from Seller, as grantor, to initiate such Landlord, as grantee, or to Seller or any predecessor in title. All repairs as quickly as possible after the date by Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper good and workmanlike mannermanner using materials of good quality and in accordance with all Legal Requirements.

Maintenance and Repair. Keep the Demised Premises and improvements erected thereon in good condition and repair, including all plumbing, heating, electrical and air conditioning systems and any loading facilities including loading doors and dock bumpers. Tenant at its own expense shall enter into a maintenance contract (a"Maintenance Contract") Except with a heating and air conditioning repair service acceptable to Landlord for the Demised Term and shall provide Landlord with a copy of same. The specifications for the Maintenance Contract are attached hereto as Exhibit "B". The Demised Premises and the buildings and improvements thereon erected at any Alterations that Tenant is permitted reasonable time, and from time to make pursuant to this Leasetime, for the purpose of inspecting and appraising the same. The Tenant shall at comply with all times putorders, keep regulations, rules 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 requirements of every kind and nature relating to the Demised Premises, now or hereafter in effect, of the Federal, State, Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, and whether they or any of them relate to structural changes or requirements of whatever nature, whether foreseen or unforeseento changes or requirements incident thereto, which may be required to be made upon or in connection with as the Leased Premises in order to keep result of the use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do such compliance, and shall indemnify and save harmless the Landlord from all shoring of the Leased Premises or of foundations expense, 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 any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Demised Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)comply with this covenant. Tenant shallfurther agrees to keep the Demised Premises clean and free from all ashes, in dirt and other refuse matter; replace all eventsglass windows, make doors, etc., which are broken; and keep 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 date Tenant becomes aware that such repairs are necessary, or, in waste and drain pipes open. In the event of a Restoration pursuant the failure of Tenant promptly to perform the covenants of Paragraph 13(c8(b) or 14(g)hereof, within sixty (60) days Landlord may go upon the Demised Premises and perform such covenants, the cost thereof, at the sole option of the date insurance proceeds or a condemnation award has been paid Landlord, to the Trustee (it being understood that be charged to Tenant shall take such steps as are reasonably necessary to protect additional 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 made in a good, proper and workmanlike mannerdelinquent rent.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease9.1.1 Tenant, Tenant shall at all times putits expense, will keep and maintain the Leased Premises (includingProperties, without limitationand all landscaping, private roadways, sidewalks and curbs appurtenant thereto which are under Tenant’s control and Tenant’s Personal Property in good order and repair, whether or not the need for such repairs arises out of Tenant’s use, any prior use, the roof, landscaping, walls, footings, foundations and structural components elements or the age of the Leased Premises) in Property or any portion thereof, or any cause whatsoever except the same (act or better) condition and order negligence of repair as exists as of the Commencement Date, except for ordinary wear and tearLandlord, and with reasonable promptness shall promptly make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non‑structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to the Commencement Date (concealed or otherwise) or existing after February 1, 2003 with respect to the Treemont Facility, and July 1, 2003 with respect to the Katy Facility and the Humble Facility; provided, however, that Tenant shall be permitted to prosecute claims against Landlord’s predecessor in title for breach of any representation or warranty made to or for the benefit of Landlord, or for latent defects in any Leased Property. Additionally, during the Term of this Lease, upon request and at the cost and expense of Tenant, and with respect only to the Leased Properties that were the subject of the Terminated Leases, Landlord agrees to use commercially reasonable efforts to pursue any right or claim Landlord may have against the seller under the applicable purchase agreement by which such Leased Properties were acquired for breach of any covenant, warranty or representation made with respect to the title, condition, use and operation of any Leased Property, or for latent defects in any Leased Property, the successful pursuit of which may benefit or assist Tenant in, or provide financial recovery to Tenant for, the performance of its obligations under this Lease. Where such right or claim may be required prosecuted by the assignee of Landlord, then Tenant shall be permitted to be prosecute such right or claim, at Tenant's cost and expense, and, to the extent A request for confidential treatment has been made upon or in connection with respect to portions of this document that are marked ‘[*****]’. The redacted portions have been filed separately with the Leased Premises SEC. 46 Master Lease (OHI - Diversicare) Derwent – 9.25.18 permitted by law, the applicable Landlord hereby assigns to Tenant all of such Landlord's rights to fully prosecute any such right or claims. Landlord shall cooperate in order to keep and maintain the Leased Premises good faith with Tenant in the order prosecution of any such right or claim, in the applicable Landlord's or Tenant's name, all at Tenant's cost and condition required by this Paragraph 11(a)expense. Tenant shall do at all times maintain, operate and otherwise manage the Leased Properties on a quality basis and in a manner consistent with the standards of the highest quality competing facilities in the market areas served by the Leased Properties. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work or, subject to the provisions of Paragraph 9.1.4, below, the property to be repaired shall be replaced. Tenant will not take or cause others omit to do all shoring take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Premises Properties or of foundations and walls of any parts thereof for 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerPrimary Intended Use.

Maintenance and Repair. 9.1.1 Lessee, at its expense, shall maintain the Leased Property, and every portion thereof, Lessee's Personal Property and all Capital Additions, and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and which are under Lessee's control in good order and repair whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of the Leased Property, Lessee's Personal Property and all Capital Additions, and, with reasonable promptness, make all necessary and appropriate repairs thereto of every kind and nature, including, without limitations all repairs described in Section 9.1.6 within the time periods specified in Section 9.1.6, and those necessary to comply with changes in any 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 Restatement Date. All repairs shall be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof or any Capital Addition thereto for its Primary Intended Use. 9.1.2 Lessor shall not under any circumstances be required to (ai) Except for build or rebuild any Alterations that Tenant is permitted improvements on the Leased Property; (ii) make any repairs, replacements, alterations, 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. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted. 9.1.3 Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (i) constituting the consent or request of Lessor, 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 Addition thereto; or (ii) 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 the Leased Property, or any portion thereof or any Capital Addition thereto. 9.1.4 Unless Lessor shall convey any of the Leased Property to Lessee pursuant to the provisions of this Lease, Tenant shall at all times putLessee shall, keep upon the expiration or earlier termination of the Term with respect to a Facility, vacate and maintain surrender the Leased Premises (includingProperty, without limitationLessor's Personal Property, the roofportion of Lessee's Personal Property for which Lessor exercises its option pursuant to Section 35.4, landscapingand all Capital Additions in each case with respect to such Facility, walls, footings, foundations and structural components of the Leased Premises) to Lessor in the same (condition in which such Leased Property and Lessor's Personal Property were originally received from Lessor and such Lessee's Personal Property and Capital Additions were originally introduced to such Facility, except as repaired, rebuilt, restored, altered or better) condition added to as permitted or required by the provisions of this Lease 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 reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.9.1.5

Maintenance and Repair. (a) Except At Tenant's expense, and except for any Alterations that Tenant is permitted reasonable wear ---------------------- and tear and damage from fire or other casualty, to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises Property (including, without limitation, the roofall interior and exterior glass, 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 reason of or in connection with any excavation or other building operation upon any of systems serving the Leased Premises, whether and all parking areas, driveways, walkways and landscaped areas serving or not Landlord shallappurtenant to the Property) clean, by reason neat, properly maintained and in good order, repair and condition, and to arrange for, or enter into contracts regarding the provision of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure services as are necessary to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRso (including, WHETHER FORESEEN OR UNFORESEENwithout limitation, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYjanitorial services and the removal of rubbish and other wastes from the Property electric lighting to the exterior of the Building, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDparking areas, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in driveways, and walkways serving the preceding sentence shall be deemed to preclude Tenant Property, landscaping of the Site, and the removal of snow and ice from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(call parking areas, driveways, and walkways serving the Property) and 14(g). Tenant shallto keep the Property in as good condition, in all eventsorder and repair as the same are at the Term Commencement Date or thereafter may be put, 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 date Tenant becomes aware that such repairs are necessaryreasonable wear and use and damage by fire or other casualty only excepted, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that the foregoing exception for reasonable wear and use shall not relieve Tenant from the obligation to keep the Property in good order, repair and condition including, without limitation, all necessary and ordinary non-structural repairs, replacements and the like, except as otherwise explicitly set forth in the Lease. Tenant also agrees to abide by reasonable rules and regulations which may be adopted by Landlord from time to time. Notwithstanding the foregoing, the Landlord shall take such steps as are reasonably necessary be responsible for (a) the maintenance, repair and replacement obligations set forth in Article 6A below; and (b) if any repair or replacement to protect and preserve be performed by Tenant hereunder is required because of a defect in the integrity and safety Work arising within one (1) year of the Leased Premises pending Substantial Completion of the Work and the Tenant gives the Landlord written notice of such payment) and shall diligently pursue such repairs to completion), and all repairs defect within said one year then Landlord shall be made in a good, proper obligated to perform such repair or replacement at the Landlord's sole cost and workmanlike mannerexpense (and not as part of the Operating Expenses).

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be 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 (a5%) of the cost and expense of such maintenance or repairs; the construction oversight or management fee, if any, applicable to construction of the Tenant Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. 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 at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, 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) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements 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 fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as 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 any of 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. 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 Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. Keep the Demised Premises and improvements erected thereon in good condition and repair, including all interior plumbing, security system and monitoring equipment, interior lights, electric light outlets and any improvements added to the Demised Premises by Tenant including replacement of improvements added by Tenant. Landlord shall enter into maintenance contracts (a“Maintenance Contracts”) Except with a heating, air conditioning repair service and a fire system maintenance and monitoring firm for any Alterations that Tenant is permitted to make pursuant to this Leasethe Demised Term. Landlord will manage the repair and replacement of HVAC equipment as well as exterior building electrical systems, exterior plumbing and fire system and monitoring equipment. The cost of such Maintenance Contracts, repair and replacement of equipment shall be Additional Rent due in accordance with Section 5 hereinabove. The Tenant shall permit the Landlord or Landlord’s duly authorized agents to enter upon the Demised Premises and the buildings and improvements thereon erected 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 tearany reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall promptly make comply with all repairs orders, regulations, rules and replacements requirements of every kind and naturenature relating to the Demised Premises, now or hereafter in effect, of the Federal, State, Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether foreseen they be usual or unforeseenunusual, which may be required to be made upon ordinary or in connection with extraordinary, as the Leased Premises in order to keep result of any use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do all shoring of such compliance. and shall indemnify and save harmless the Leased Premises or of foundations Landlord from reasonable expense, 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 any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Demised Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant to take comply with this covenant. Tenant further agrees to keep the Demised Premises clean, normal wear and tear and casualty excepted (unless such action casualty results from the actions of Tenant, its agents, employees, invitees, contractors or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRsubcontractors), WHETHER FORESEEN OR UNFORESEENand free from all ashes, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYdirt and other refuse matter; replace all glass windows, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDdoors, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence etc., which are broken; and keep all waste and drain pipes open; provided however, Tenant shall be deemed able to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)cover any floor drains within the Demised Premises. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant the failure of Tenant promptly to Paragraph 13(c) or 14(g)perform the covenants of Section 8 hereof, within sixty (60) days Landlord may go upon the Demised Premises and perform such covenants, the cost thereof, at the sole option of the date insurance proceeds or a condemnation award has been paid Landlord, to the Trustee (it being understood that be charged to Tenant shall take such steps as are reasonably necessary to protect additional 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 made in a good, proper and workmanlike mannerdelinquent rent.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises Properties (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased PremisesProperties) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate of this Lease or, if the building or buildings and related improvements on the Properties are not substantially complete as of the date of this Lease, then in the same condition and order of repair as exists as of substantial completion, 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 Properties in order to keep and maintain the Leased Premises Properties 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 Properties 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 any of the Leased PremisesProperty, 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 REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any Property or Adjoining Property in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand 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 EFFECTwhich right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c13 (c) and 14(g)14 (g) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be 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 ten percent (a10%) of the cost and expense of such maintenance or repairs. Except for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. 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 at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, 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) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements 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 fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as 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 any of 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. 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 Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted Subject to make pursuant Landlord’s right to this Leaseapprove certain Capital Improvements in Section 10.1, Tenant Tenant, at its expense and without the prior consent of Landlord, shall at all times putmaintain, keep and maintain or cause to be maintained, the Leased Premises Property and every portion thereof, and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and which are under Tenant’s or any subtenant’s control in reasonably good order and repair whether or not the need for such repairs occurs as a result of Tenant’s or any subtenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance in all material respects with all Legal Requirements, (including, without limitation, all Gaming Regulations and Environmental Laws) (to the roofextent required hereunder), landscapingInsurance Requirements and Property Documents whether now or hereafter in effect, wallswhether interior or exterior, footingsstructural or non-structural, foundations and structural components ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior or after the Commencement Date. All repairs shall be at least equivalent in quality to the original work in the aggregate. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to materially impair the value or the usefulness of the Leased Premises) in the same (Property or better) condition and order of repair as exists as of the Commencement Date, except any part thereof or any Capital Improvement thereto 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)its Primary Intended Use. Tenant shall do (i) maintain, or cause others to do all shoring be maintained, Tenant’s Property (except Intellectual Property, which is subject to Section 6.3) (x) in a manner consistent with the Operating Standard throughout the Term, and (y) as necessary for conduct of the Leased Premises Primary Intended Use at the Facilities throughout the Term and (ii) not take any action which is intended or designed to materially frustrate, vitiate or reduce the rights of foundations and walls Landlord under Section 36.1 of this Lease. Landlord acknowledges that the condition of the Improvements Facilities and every the other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of 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. 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 matters described in the preceding first sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 of this Section 9.1 on the date Tenant becomes aware that such repairs are necessary, or, in hereof satisfies the event requirements of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerthis Article IX.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c13 (c) and 14(g)14 (g) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. The Lessee, at its own ---------------------- expense, shall at all times, (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises Property in good order and repair, subject to ordinary wear and tear, provided, however, the Lessee shall make such -------- ------- additions, improvements and updates to the Property as may be necessary to maintain the Property consistent with the standards then applicable to other similar properties owned and operated by the Lessee and its Affiliates, but in no event less than the standards of other prudent owners of similar office and research and development facilities; provided, further, however, the Lessee -------- ------- ------- shall satisfy the recommendations with respect to the Property set forth in Schedule Y attached hereto no later than November 30, 2001; (b) maintain the Property in accordance with all Applicable Laws and Regulations; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder which are in effect at any time with respect to the Property or any part thereof; and (d) make all necessary or appropriate repairs, replacements and renewals of the Property which may be required to keep the Property in the condition required by the preceding clause (a), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. The Lessee waives any right that it may now have or hereafter acquire to (i) require the roofLessor to maintain, landscapingrepair, wallsreplace, footingsalter, foundations and structural components remove or rebuild all or any part of the Leased PremisesProperty or (ii) make repairs at the expense of the Lessor. All such repairs, restorations and replacements shall be constructed and installed in a good and workmanlike manner in compliance with Applicable Laws and Regulations. In carrying out its obligations under this Section 9.1, the Lessee shall not discriminate in any way in the same (or better) condition and order of repair as exists as maintenance of the Commencement DateProperty as compared with other similar properties owned, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen managed or unforeseen, which may be required to be made upon or in connection with leased by 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerLessee.

Maintenance and Repair. Landlord shall have no liability for failure to perform required maintenance and repair unless written notice of such maintenance or repair is given by Tenant, and Landlord fails to commence efforts to remedy the problem in a reasonable time and manner. Landlord shall have the right to erect scaffolding and other apparatus necessary for the purpose of making repairs, and Landlord shall have no liability for interference with Tenant’s use because of repairs and installations provided Landlord shall use reasonable efforts to minimize disruption to Tenant’s business. Tenant shall have no claim against Landlord for any interruption or reduction of services or interference with Tenant’s occupancy, and no such interruption or reduction shall be construed as a constructive or other eviction of Tenant provided Landlord shall use reasonable efforts to minimize disruption to Tenant’s business. Repair of damage caused by negligent or intentional acts or breach of this lease by Tenant, its employees or invitees shall be at Tenant’s expense after first applying the proceeds of insurance to cover such loss, if any. Notwithstanding the foregoing, Landlord shall have no obligation whatsoever for the maintenance and repair of the additional electrical and HVAC installed in the Premises by Tenant due to Tenant’s special equipment needs. Notwithstanding the foregoing, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) Except for necessitated by the acts or omissions of Landlord or any Alterations that Tenant is permitted other occupant of the Building, or their respective agents, employees or contractors, (b) occasioned by fire or other casualty or condemnation, (c) which could be treated as a “capital expenditure” under generally accepted accounting principles, (d) to make pursuant the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises or the Building other than any additional systems installed by Tenant, and (e) to this Leaseany portion of the Building outside of the demising walls of the Premises. Notwithstanding the foregoing, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components pay for its share of the Leased Premisesrepairs described in subsections (c)-(e) to the extent such costs are properly included in the same (or better) condition operating expenses. Landlord warrants and order of repair as exists represents that, as of the Commencement Date, except for ordinary wear and tear(i) the Premises, and shall promptly make the Building will comply with all repairs applicable laws, rules, regulations, codes, ordinances, underwriters’ requirements, covenants, conditions and replacements of every kind restrictions, (ii) the Premises will be in good and natureclean operating condition and repair, whether foreseen or unforeseen(iii) the electrical, which may mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises and the Building will be required to be made upon or in connection with good operating condition and repair, and (iv) 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 roof of the Leased Premises or of foundations Building will be in good condition 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 any of the Leased Premises, whether or not water tight. Landlord shall, by reason promptly after receipt of notice from Tenant, remedy any Legal Requirements or Insurance Requirements, be required to take non-compliance with 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) warranty at Landlord’s sole cost and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerexpense.

Maintenance and Repair. Tenant accepts the condition of the Premises "as is." After the term of this Lease commences, Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace as needed, the Premises, including, but not being limited to, the heating and air conditioning equipment (aincluding, but not limited to, replacement of parts, compressors, air handling units, and heating units) Except for any Alterations and other improvements located thereon. Normal wear and tear is expected; provided, however, that all maintenance, repairs, and replacements necessitated by normal wear and tear shall be performed by Tenant is permitted to make pursuant to this at Tenant's sole cost and expense. At all times during the term of the Lease, Tenant shall at all times put, keep the improvements on the Premises and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) themselves in the same (or better) as good a condition and order of repair as exists as of on 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 date this Paragraph 11(a)Lease commences. Tenant shall do return the Premises to Owner at the expiration or cause others prior termination of this Lease in as good a condition and repair as when first received, damage by fire and similar casualties being excepted and excluding any improvements made by Tenant or any equipment to do all shoring be removed by Tenant At such expiration or termination, Tenant will remove any improvements that it has made, provided that Owner shall have given notice of at least thirty (30) days prior to expiration or termination of its intention for Tenant to remove the Leased improvements, and provided Tenant repairs any damage to the Premises resulting from such removal. Tenant, Tenant's employees, agents, contractors, or of foundations subcontractors shall take no action which may void any manufacturer's or installer's warranty with relation to the Premises. In the event Tenant fails to provide such maintenance, repair, 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallreplacement, in all eventsaddition to other remedies available to Owner, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate Owner may perform or have performed such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessarymaintenance, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)repair, and all repairs replacement and Tenant immediately shall be made in a good, proper and workmanlike mannerreimburse the cost thereof to Owner as additional rent.

Maintenance and Repair. (a) Except for During the term of this Lease and any Alterations that Tenant is permitted to make pursuant to this Leaserenewal hereof, Tenant shall will, at all times putTenant's sole expense, keep and maintain all areas of the Leased Premises (includingin a sanitary condition, in compliance with all applicable laws, and in good order and repair, reasonable wear and tear excepted. Landlord shall be responsible only for repairs and maintenance to the roof, foundation, and structural elements of the Premises, provided however, that Tenant shall reimburse Landlord for the expense thereof if the need for maintenance, repair or replacement is the direct result of damage caused by the negligent or intentional acts of Tenant. Otherwise, Tenant shall be responsible for any and all other maintenance associated with the Premises, whether routine or non-routine in nature, including without limitation, the roof, landscaping, walls, footings, foundations and structural components any necessary maintenance or repair of the Leased Premises) in the same (or better) condition plumbing, electrical, cooling and order of repair as exists as heating systems. However, Tenant shall be responsible only for that amortized portion of the Commencement Datecost of any item that must be replaced based upon the useful life of that item, except for ordinary wear as determined by reference to guidelines published by the United States Internal Revenue Service ("IRS") and tearany IRS-rendered formal advisory tax opinions, final judicial decisions of tax courts and IRS regulations, and Tenant's payment of any such amount shall promptly make be amortized over that portion of the Lease term (including the term related to any exercised or unexercised extension options) remaining at the time of replacement. As a condition of Tenant's obligation to pay any portion of such expenditures, Tenant shall have the right to request reasonable documentation of all repairs and replacements of every kind and nature, whether foreseen or unforeseen, expenses incurred by Landlord for which may be required Landlord is to be made upon reimbursed in whole or in connection with part. Tenant also agrees to secure a service contract for the Leased Premises in order to keep maintenance of the cooling and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)heating systems. 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 any of the Leased Premises, whether or not promptly notify Landlord shall, by reason of any Legal Requirements need for repairs or Insurance Requirementsmaintenance for which Landlord is responsible. In the event Tenant fails to comply with its maintenance and repair obligations as set forth in this paragraph, then Landlord may, but shall not be required to take obligated to, perform any such action maintenance 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallrepairs, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that case Tenant shall take reimburse Landlord for the cost of 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 made in a good, proper and workmanlike mannermaintenance or repair immediately upon demand therefor by Landlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to Paragraph 12 of this Lease, Tenant shall at all times from and after the Final Completion Date, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased PremisesPremises and the Equipment) in the same (or better) condition and order of repair as exists as of the Commencement Final Completion Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, ordinary or extraordinary, 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 not commit or permit any waste of the Leased Premises. 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF 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 APPLICABLE LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly DMEAST #39566949 v10 10 (but in any event Tenant shall commence actions to initiate such repairs as quickly as possible within a reasonable period of time (under the circumstances given the scope and nature of the repairs to be made) after the date Tenant becomes aware that such repairs are necessarynecessary in Tenant’s reasonable discretion, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty ninety (6090) days of after the date insurance proceeds or a condemnation award has been paid to the Trustee Lender or Landlord and made available to Tenant for Restoration (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 made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to During the term of this Lease, Tenant shall Lessor will, at all times putits own expense, keep the demised premises and maintain the Leased Premises (all equipment, all improvements, interior and exterior, including, without limitation, the roofroof parking, landscapingmasonry, wallsheating, footingsair conditioning, foundations electrical and structural components of the Leased Premises) plumbing systems, in the same (or better) condition good repair and order of repair as exists as of the Commencement Dateoperating condition, except for ordinary wear and tear, and shall promptly make making from time-to-time all necessary repairs and replacements thereof. The Lessor hereby covenants and agrees that it will commence repair work within fifteen (15) days from receipt of every kind written notice by Lessee specifying the necessary repairs. Failure of the Lessor to reasonably commence and naturecomplete such necessary repairs shall constitute a default under this agreement, whether foreseen or unforeseenand Lessee shall be entitled to all remedies upon default as provided hereunder, which including the right, but not hereby the obligation, to make such repairs for the Lessor and the expense thereof shall constitute and may be deducted from the rent. Lessor shall be required to be made upon rebuild 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 make any repairs, renewals, or cause others to do all shoring replacements of the Leased Premises demised premises or other improvements on the demised premises of foundations and walls any nature whatever. Lessee may, at its own expense, make any additions, modifications or improvements to the demised premises that it may deem desirable for its business purposes that do not adversely affect the value of the Improvements and every demised premises or the structural integrity of any building or other act necessary or appropriate for preservation and safety structure forming a part thereof, by reason of provided that such additions, modifications or in connection with any excavation or other building operation upon any improvements are located wholly within the boundary lines of the Leased Premisesdemised premises. All such renewals, whether or not Landlord shallreplacements, by reason of any Legal Requirements or Insurance Requirementsadditions, 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 modifications and improvements shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of become a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days part 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 made in a good, proper and workmanlike mannerdemised premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease66. Lessee, Tenant at its expense, shall at all times put, keep and maintain the Leased Premises (Property, and every portion thereof, Lessee's Personal Property and all Capital Additions, and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and which are under Lessee's control in good order and repair whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of the Leased Property, Lessee's Personal Property and all Capital Additions, and, with reasonable promptness, make all necessary and appropriate repairs thereto of every kind and nature, including, without limitation, those necessary to comply with changes in any 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 roof, landscaping, walls, footings, foundations and structural components Commencement Date. All repairs shall be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased PremisesProperty or any part thereof or, any Capital Addition thereto for its Primary Intended Use. 67. Lessor shall not under any circumstances be required to (i) build or rebuild any improvements on the Leased Property; (ii) make any repairs, replacements, alterations, 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. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted. 68. Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (i) constituting the consent or request of Lessor, 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 Addition thereto; or (ii) 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 the same (Leased Property or better) condition and order of repair as exists as portion thereof or any Capital Addition thereto. 69. Unless Lessor shall convey any of the Commencement DateLeased Property to Lessee pursuant to the provisions of the Lease, Lessee shall, upon the expiration or earlier termination of the Term, vacate and surrender the Leased Property, Lessor's Personal Property, and all Capital Additions to Lessor in the condition in which the Leased Property and Lessor's Personal Property were originally received from Lessor and Lessee's Personal Property and Capital Additions were originally introduced to the Facility, except as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Lease and except for ordinary wear and tear. 70. Encroachments, Restrictions, Mineral Leases, etc ---------------------------------------------------- . If any of the Leased Improvements or Capital Additions shall, at any time, encroach upon any property, street or right-of-way, or shall violate any restrictive covenant or other agreement affecting the Leased Property, or any part thereof or any Capital Addition thereto, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, or the use of the Leased Property or any Capital Addition thereto is impaired, limited or interfered with by reason of the exercise of the right of surface entry or any other provision of a lease or reservation of any oil, gas, water or other minerals, then promptly upon the request of Lessor or any Person affected by any such encroachment, violation or impairment, Lessee, at its sole cost and expense, but subject to its right to contest the existence of any such encroachment, violation or impairment, shall protect, indemnify, save harmless and defend Lessor from and against all losses, liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including reasonable attorneys', consultants' and experts' fees and expenses) based on or arising by reason of any such encroachment, violation or impairment. In the event of an adverse final determination with respect to any such encroachment, violation or impairment, Lessee shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Lessor or Lessee; or (ii) make such changes in the Leased Improvements and any Capital Addition thereto, and shall promptly make take such other actions, as Lessee in the good faith exercise of its judgment deems reasonably practicable, to remove such encroachment or to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements or any Capital Addition thereto, and in any event take all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which such actions as may be required to be made upon or in connection with the Leased Premises necessary in order to keep and maintain be able to continue the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring operation of the Leased Premises or of foundations and walls of the Improvements and every any Capital Addition thereto for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements and Capital Additions were operated prior to the assertion of such encroachment, violation or impairment. Lessee's obligations under this Section 9.2 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other act insurance and, to the extent the recovery thereof is not necessary to compensate Lessor for any damages incurred by any such encroachment, violation or appropriate impairment, Lessee shall be entitled to a credit for preservation any sums recovered by Lessor under any such policy of title or other insurance and safety thereofLessor, upon request by reason Lessee, shall assign Lessor's rights under such policies to Lessee provided such assignment does not adversely affect Lessor's rights under any such policy and provided further that Lessee shall indemnify, defend, protect and save Lessor harmless from and against any liability, cost or expense of or any kind that may be imposed upon Lessor in connection with any excavation or other building operation upon any of 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 soassignment. 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 EFFECT71. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner72.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted at its sole cost and expense, and ----------------------- except as provided below, shall perform all maintenance of an ordinary and recurring nature necessary to make pursuant to this Lease, Tenant shall at all times put, maintain and 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) an orderly condition and order in a good state 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 interior of the Leased Premises or from ceiling to floor, including, but not by way of foundations limitation, all non-capital repairs to interior walls, windows, plumbing and walls sewerage facilities, air-conditioning system, heating system, electrical facility and equipment, exterior lighting on the building, and all other fixtures, equipment and appliances of every nature between the ceiling and the floor on the interior of the Improvements Building, reasonable use and every wear and fire and other act necessary or appropriate for preservation casualty excepted. Landlord shall assign to Tenant during the Term all warranties applicable to the heating, ventilating and safety thereof, by reason of or in connection with any excavation or other building operation upon any air-conditioning systems and equipment serving the Leased Premises to the extent of the Tenant's interest therein during the Term. The cost of maintenance and repairs shall include all costs allocable to such maintenance and repair in accordance with generally accepted accounting principals and the terms hereof. Landlord shall maintain in good and presentable repair and condition the roof, structural parts of the Building, and all parts of the Building not to be maintained by Tenant as provided above, and cause to be maintained the Common Areas of the Industrial Center of which the Leased Premises, whether or not Landlord shall, by reason Premises are a part as referred to in Section 7.2 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)this Lease. Tenant shallmay repair and credit upon rent any repairs to the Leased Premises which are a responsibility of the Landlord which have not been made within thirty (30) days after written notice by the Tenant to the Landlord calling attention to the need for such repairs, in all events, make all repairs for which it is responsible hereunder promptly or within twenty-four (but in any event shall commence actions 24) hours after actual notice to initiate such repairs as quickly as possible after the date Landlord by the Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant an emergency. Except as expressly provided in this Lease, Landlord shall not be called upon or obligated to Paragraph 13(c) make or 14(g)pay any repairs, within sixty (60) days of the date insurance proceeds replacements, restorations, improvements, alterations 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 additions whatsoever in or about the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerPremises.

Maintenance and Repair. (a) Except for any Alterations Lessee acknowledges that Tenant is permitted it has received the Premises in the condition disclosed in the Property Condition Assessment (the “Assessment”), prepared by Xxxxx & Xxxxxx Technical Services dated September 22, 2004. Lessee, at its own expense, agrees to make pursuant repair or cause to this Lease, Tenant shall at be repaired 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) necessary repairs cited in the same Assessment Immediate Needs chart within ninety (or better90) condition and order of repair as exists as days after the date hereof. Lessee, at its own expense, will maintain all parts of the Commencement DatePremises in as good repair, except for ordinary appearance and condition as when received, less normal wear and tear, and shall promptly will take all action and will make all structural and nonstructural, foreseen and unforeseen and ordinary and extraordinary changes and repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with keep all parts of the Leased Premises in order to keep and maintain the Leased Premises in the order as good repair and condition required by this Paragraph 11(aas when received, less normal wear and tear, (including, but not limited to, all painting, glass, utilities, conduits, fixtures and equipment, foundation, roof, exterior walls, heating and air conditioning systems, wiring, plumbing, sprinkler systems and other utilities, and all paving, sidewalks, roads, parking areas, curbs and gutters and fences). Tenant shall do or cause others Upon reasonable request of Lessor and no more frequently than annually, Lessee, at its own expense, will retain an independent consultant reasonably approved of by Lessor to do all shoring conduct inspections of the Leased Premises or of foundations roof and walls the heating and air conditioning systems of the Improvements Premises and every other act to provide Lessee and Lessor with a written report of its findings. Lessee shall promptly cause a licensed contractor to perform any necessary repairs or appropriate for preservation maintenance measures reflected in such report. Lessor, its contractors, subcontractors, servants, employees and safety thereofagents, by reason of or in connection shall have the right to enter upon the Premises with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly prior notice (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, except in the event of a Restoration an emergency, in which case no notice shall be required) to inspect same to ensure that all parts of the Premises are maintained in as good repair and condition as when received, less normal wear and tear, 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 expense of Lessor pursuant to Paragraph 13(c) any Legal Requirement, Agreement, contract, covenant, condition or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerrestrictions at any time.

Maintenance and Repair. (a) Except for Landlord shall throughout the Term and any Alterations that Tenant is permitted to make pursuant to this Lease---------------------- and all Renewal Periods, Tenant shall at all times its own cost and expense, put, keep and maintain the Leased Premises (includingBuilding in good and sufficient condition, repair and order, including without limitation, both inside and outside, structural and non-structural, the roof, landscapingall connections with the street, wallstelephone, footingswater, foundations electric, gas mains and structural components sewers and all other utilities and the HVAC, boilers and machinery. Tenant shall have full access to environmental controls within the building, 24 hours a day, seven days a week. Should Landlord fail to proceed promptly and with all due diligence to make necessary repairs when notified, Tenant may undertake to have the repairs made and the amount of any sums reasonably paid by Tenant for such purpose shall promptly be paid by Landlord to Tenant. Landlord shall also, throughout the Term and any and all Renewal Periods, at its own cost and expense, put, keep and maintain the yards, parking areas, fences and sidewalks and such other fixtures and other improvements on the Leased Premises, excluding any and all replacements made by Tenant. Tenant shall throughout the Term and any and all Renewal Periods maintain a service contract on the elevator to be installed at Landlord's sole expense. Tenant shall be solely responsible for and shall promptly pay all charges for all utilities and services used by Tenant in the Leased Premises. Landlord has the right to enter the Leased Premises, including the Building, periodically, at any reasonable time during normal business hours to inspect the condition 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 reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingin as good repair, without limitation, condition and appearance as they are on the roof, landscaping, walls, footings, foundations date hereof and structural components fit to be used for their intended use in accordance with the better of the Leased Premises) practices generally recognized as then acceptable by other companies in its industry or observed by Tenant with respect to the same (other real properties owned or better) condition operated by it measurable wear, tear and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and casualty excepted. Tenant shall promptly make all repairs and replacements (structural and non-structural), ordinary and extraordinary, foreseen and unforeseen, and shall perform all maintenance necessary to maintain the Leased Premises in good order, condition and repair, including without limitation, all repairs, replacements and maintenance to the roof, structure, walls, floors, HVAC, mechanical, electrical, life safety, and plumbing systems, sidewalks and curbs. Tenant shall at all times maintain the Equipment in as good mechanical condition as it was on the later of the date hereof or the date of its installation, ordinary wear, tear and casualty excepted. Tenant shall make all Alterations of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection comply with the Leased Premises in order foregoing requirements of this Paragraph 12(a) or to keep and comply with any Legal Requirement. Landlord shall not be required to make any Alteration, whether foreseen or unforeseen, or to repair, replace or 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 order and condition required expense of Landlord or to require Landlord to make Alterations. Any Alteration made by Tenant pursuant to 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 12 shall be made in a goodconformity with the provisions of Paragraph 13 (Alterations and Improvements). Tenant hereby agrees and covenants not to commit or permit the Leased Premises to suffer waste, proper and workmanlike mannershall take all precautions reasonably necessary to prevent waste from occurring at the Leased Premises.

Maintenance and Repair. (a) Except for any Alterations Tenant acknowledges inspecting the Premises and agrees that Tenant is permitted to make 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) they are in the same (or better) satisfactory condition and order of repair as exists as of the Commencement Dategood working order, except for ordinary wear as noted by Tenant on the “Inspection Sheet” attached hereto 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)incorporated herein. Tenant shall, in at Tenant's own expense and at all eventstimes, 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 maintain the date Tenant becomes aware that such repairs are necessaryPremises, orincluding the yard areas, in good and attractive condition, working order and repair, including all equipment, appliances, fixtures, and furnishings, and shall surrender the event Premises at termination of a Restoration pursuant this Lease in as good condition as received, normal wear and tear excepted. Tenant shall notify Landlord of any dilapidations or other defective conditions on the Premises that require repairs. Tenant shall be responsible for damages caused by Tenant's negligence and/or that of Tenant's invitees, and guests. Tenant shall not commit or allow any person to Paragraph 13(c) commit any act resulting in the destruction, defacement, damage, impairment, or 14(g), within sixty (60) days removal of any part of the date insurance proceeds or a condemnation award Premises, including any wall, ceiling, and floor coverings, and the fixtures of the Premises. 01/21/14 8. Alterations. Tenant shall make no alterations to the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord=s sole and absolute discretion. Any alteration made to the Premises by Tenant after that consent 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)given, and all repairs any fixtures installed as a part of that work, will, at Landlord's option, become the Landlord's property on the expiration or earlier termination of this Lease; provided, however, that Landlord shall be made in a good, proper and workmanlike mannerhave the right to require Tenant to remove any fixtures at Tenant's cost on expiration or earlier termination of this lease.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be 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 ten percent (a10%) of the cost and expense of such maintenance or repairs; 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 for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. 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 unless to the extent such items are damaged due to the willful misconduct or negligence of the Landlord. Except as expressly provided in this Lease, Tenant shall at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, 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) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements 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 fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as 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 any of 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. 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 Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and will maintain the Leased Premises in good condition and repair (including any necessary replacements), including, without limitation, interior and exterior doors, plate glass, windows, all plumbing and sewage facilities serving only the roofPremises, landscapingelectrical systems, all fixtures, hot water heaters, heating, ventilating and air conditioning serving the Premises (whether or not located in the Premises), sprinkler systems, non-structural walls, footingsfloors and ceilings, foundations meters serving the Premises, and structural components further excepting any damage caused by the intentional or negligent act or omission of Landlord as to which Landlord will be responsible for the cost of any repair. Tenant will receive the benefits of any warranties that apply. Tenant will comply with all laws, ordinances, rules and regulations applicable to the Premises and Tenant’s business in the Premises. Landlord is not responsible for damage to any property of Tenant or others located in the Premises, however caused. Landlord at its costs will maintain in good condition and repair the windows of the Leased Premises) , all common areas of the Building, the foundation, exterior walls and other load-bearing walls and roof of the Building and the structural portions of the Premises, excepting those items to be maintained by Tenant, and further excepting any damage caused by the intentional act or negligence of Tenant as to which Tenant will be responsible for the cost of any repair. Tenant will not permit any mechanic’s or similar lien to attach to the Premises as a result of any action or inaction of Tenant. Tenant shall deliver up and surrender to Landlord possession of the Premises upon the expiration or earlier termination of the Term, broom clean, free of debris, in the same (or better) good order, condition and order state of repair (except as exists as of the Commencement Datemay be Landlord’s obligation under this Lease, except for and ordinary wear and tear), and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, deliver the keys to Landlord at the address to which may be required notices to Landlord are to be made upon or in connection with sent. If not earlier terminated as herein provided, this Lease shall terminate at 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 end of the Leased Premises or term without the necessity of foundations and walls of notice from Landlord to terminate 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannersame.

Maintenance and Repair. (a) Except for any Alterations a. The parties acknowledge that Tenant has occupied the Leased Premises prior to the commencement of this Lease and Tenant is permitted familiar with the Leased Premises. Tenant accepts the Leased Premises and the Personalty in their condition at the beginning of the Term, and acknowledges that the Leased Premises and the Personalty are in satisfactory condition and assumes responsibility throughout the Term, at Tenant's sole cost and expense, to make pursuant perform such ordinary and routine maintenance as may be required to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises and the Personalty in a manner consistent with the condition of the Leased Premises and the Personalty at the beginning of the Term (normal wear and tear, damage by casualty, design defect or obsolescence excepted). Tenant shall use reasonable precautions to prevent waste, damage or injury thereto. Tenant's maintenance obligations under this Paragraph shall include, without limitation, customary maintenance of the Personalty, the Buildings, all generators, heating and air conditioning systems, elevators, electrical systems, plumbing systems, other mechanical equipment, and the site and grounds, including, without limitation, driveways, parking areas, drainage and other utility structures, walkways, canopies, patios, common areas and landscaped areas. Anything in the roofforegoing provisions to the contrary notwithstanding, landscaping, walls, footings, foundations and structural components Tenant shall not be required to replace any Personalty or portions of the Leased Premises) in Premises if the same (or better) condition and order cost 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, such item is a capital expenditure which may be depreciated for purposes of federal income taxes, nor shall Tenant be required to be made upon replace, repair 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 restore structural portions of the Leased Premises or of foundations the roof, floors and walls major equipment on the Leased Premises. Notwithstanding any of the Improvements foregoing to the contrary Tenant shall not be responsible for, and every other act necessary Landlord shall repair at its sole cost and expense, any damage to the Leased Premises caused by Landlord or appropriate its servants, agents, employees or contractors and shall make and perform all repairs (except as to any items listed on EXHIBIT "B," as to which Landlord has no repair or replacement responsibility) which are not the Tenant's responsibility. Tenant shall have no obligation for preservation any portions of the Entire Complex released to Landlord except for continued provision of maintenance services for the grounds, landscaping, and safety thereofcommon areas until the end of Phase II (September 30, by reason 1998) and general security services through the Term of or in connection this Lease. No less than twenty (20) days prior to the end of the Term, Tenant shall make available to Landlord at reasonable times Tenant's maintenance staff for the purpose of educating Landlord with any excavation or other building operation upon any respect to maintenance of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except LESSOR agrees, at its expense, to maintain the structural soundness of the buildings upon the Leased Space and to maintain and repair the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems; provided that LESSEE shall reimburse LESSOR for the cost of any maintenance and repairs occasioned by the negligent or intentional acts of LESSEE, its employees, agents and invitees. LESSOR shall also make all repairs, alterations or additions required to be made by any governmental authority having jurisdiction, except to the extent resulting from LESSEE's exclusive use of the premises which is different in nature from the customary uses of the Lessor's fixed base operations. LESSOR shall be liable for damages sustained by LESSEE resulting from the failure of LESSOR to make any of said repairs; provided, however, that LESSOR shall not be liable for any Alterations that Tenant is permitted incidental or consequential damages, or lost revenues or profits, sustained by LESSEE resulting front the failure of LESSOR to make pursuant to this Leaseany said repairs. LESSOR shall keep the sidewalks, Tenant shall corridors, stairways and all other means of ingress and egress for the Leased Space and all common areas, parking areas and facilities and public portions of the Leased Space in good repair and in a clean and safe condition, free of any accumulation of debris. LESSOR shall, at all times putits cost, provide janitorial services for the Hangar Space, including the restrooms. LESSEE agrees that it will keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) Space in the same (or better) a similar condition and order state of repair as exists as received at the commencement of the Commencement Datethis Lease, except for ordinary reasonable wear and teartear and casualty damage not caused or contributed to by LESSEE excepted, and shall promptly make all repairs and replacements at LESSEE's own expense. LESSEE will not permit the undesirable accumulation of every kind and nature, whether foreseen trash or unforeseen, which may be required to be made upon other undesirable material in or in connection with around the Leased Premises in order to keep and maintain Space. LESSEE shall at its expense, provide janitorial services for 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerOffice Space.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease9.1.1. Lessee, Tenant shall at all times putits sole expense, will, during the Term, keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto and which are under Lessee's control (includingand Lessee's Personal Property) in good order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roof, landscaping, walls, footings, foundations and structural components elements or the age of the Leased Premises) in the same (Property, or better) condition and order of repair as exists as of the Commencement Dateany portion thereof), and, except for ordinary wear and tearas provided in Article XIV, and shall promptly with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to or during the Term, provided, however, that Lessee shall be permitted to prosecute claims against Lessee's predecessors (but not Lessor except as herein provided) in title for (i) breach of any representation or warranty, or (ii) any latent defects in the Leased Property. All repairs shall be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which may might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use. -16- 9.1.2. Lessor shall not under any circumstances be required to be made upon build or rebuild any improvements on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen/unforeseen, in connection with the Leased Premises in order this Lease, or to keep and maintain the Leased Premises Property in any way. Lessee hereby waives, to the order and condition required extent permitted by this Paragraph 11(a). Tenant shall do or cause others law, the right to do all shoring make repairs at the expense of Lessor pursuant to any law in effect at the time of the Leased Premises execution of this Lease or hereafter enacted. Lessor shall have the right to give, record and post, as appropriate, notices of foundations and walls of the Improvements and every other act necessary non-responsibility (or appropriate for preservation and safety thereof, by reason of similar notices) under any mechanics' lien laws now or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerhereafter existing.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseas hereinafter provided, Tenant shall at all times put, maintain and keep Tenant's door and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components interior of the Leased Premises) Premises in good repair, free of refuse and rubbish and shall return the same (at the expiration or better) condition and order of repair as exists as termination of the Commencement Dateterm of this lease in as good condition as received by Tenant, except for ordinary wear and tear, and damage or destruction by fire, flood, storm, civil commotion or other unavoidable cause excepted; provided, however, that if alterations, additions, and/or installations shall promptly make all repairs and replacements of every kind and naturehave been made by Tenant as provided for in this lease, whether foreseen or unforeseen, which may Tenant shall not be required to be made upon restore the Premises to the condition in which they were prior to such alterations, additions and/or installations unless requested to do so by Landlord within thirty days following the expiration or in connection with termination of the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by term of this Paragraph 11(a)lease. Tenant shall do be responsible for maintenance and repair of equipment on the Premises and shall replace all broken glass. Tenant shall be solely responsible to maintain and make all necessary repairs to the foundations, structure, load bearing walls, roof, gutters, downspouts, landscape, parking areas, common areas, and loading docks, if any, on or cause others appurtenant to do all shoring the Premises. Tenant shall reimburse Landlord and pay as additional rent any such expenses incurred by the Landlord in the maintenance of the Leased Premises or of foundations parking areas (including driveways) and walls for the maintenance 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid landscaped areas appurtenant to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve building in which the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs is located or any other repairs. Such payments shall be made in a goodby Tenant to Landlord within thirty days after receipt of Landlord's written statement setting forth the amount of such expenses due from Tenant. Tenant shall be responsible for the maintenance of the heating/air conditioning systems, proper and workmanlike mannerthe Tenant shall be responsible for the replacement, if necessary, of such systems.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingin as good repair and appearance as they are in on the date hereof and fit to be used for their intended use in accordance with practices then generally recognized as appropriate for high-rise first-class office buildings in midtown Manhattan by prudent institutional owners or operators thereof and, without limitation, in the roof, landscaping, walls, footings, foundations and structural components case of the Leased Premises) Equipment, in as good mechanical condition as it was on the same (or better) condition and order of repair as exists as later of the Commencement Datedate hereof or the date of its installation, except for ordinary wear and teartear excepted and, provided further, that, in all events, the Leased Premises (including all Improvements and Equipment) shall be kept and maintained in accordance with the standards and requirements set forth in the Severance Lease and Condominium Documents. Tenant shall promptly make all repairs and replacements Alterations of every kind and naturenature (structural and non-structural), whether foreseen or unforeseen, which may be required to be made upon necessary or in connection with the Leased Premises in order appropriate to keep and maintain the Leased Premises in compliance with all applicable Legal Requirements and all Insurance Requirements and to comply with the order and condition required by foregoing requirements of this Paragraph 11(a12(a), the Severance Lease, and the Condominium Documents. Tenant Landlord shall do not be required to make any Alteration (structural or cause others non-structural), whether foreseen or unforeseen, or to do all shoring maintain any of 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 foundations and walls of the Improvements and every other act necessary Landlord or appropriate for preservation and safety thereof, to require Landlord to make Alterations. Any Alteration made by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to this Paragraph 13(c) or 14(g), within sixty (60) 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 12 shall be made in a good, proper and workmanlike mannerconformity with the provisions of Paragraph 13.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times putmaintain, keep at Tenant's sole cost and expense, the Existing Premises and the Adjoining Property in substantially as good repair and appearance as they are in on the date hereof and shall at all times maintain the Leased Premises (includingProject I Improvements and Project II Improvements in substantially as good repair and appearance as they are on the Project I Final Completion Date and Project II Final Completion 27 Date, without limitationordinary wear and tear excepted, and fit to be used for their intended use in accordance with the roofpractices generally recognized as then acceptable by other companies in its industry, landscapingand, walls, footings, foundations and structural components in the case of the Leased Premises) Equipment, in as good mechanical condition as it was on the same (or better) condition and order of repair as exists as later of the Commencement Datedate hereof or the date of its installation, except for ordinary wear and tear, . Tenant shall take every other reasonable action necessary or appropriate for the preservation and safety of the Leased Premises. Tenant shall promptly make all repairs and replacements Alterations of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection comply with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by foregoing requirements of this Paragraph 11(a12(a). Tenant Landlord shall do not be required to make any Alteration, whether foreseen or cause others unforeseen, or to do all shoring maintain any of the Leased Premises or Adjoining Property 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 foundations and walls of the Improvements and every other act necessary Landlord or appropriate for preservation and safety thereof, to require Landlord to make Alterations. Any Alteration made by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to this Paragraph 13(c) or 14(g), within sixty (60) 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 12 shall be made in a good, proper and workmanlike mannerconformity with the provisions of Paragraph 13.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseKeep the Premises and improvements erected thereon in good condition and repair, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitationbut not limited to repairs, the roof, landscapingmaintenance and replacement of all roofs, walls, footingsdoors, foundations parking areas, plate glass, plumbing, heating, electrical and structural components air conditioning systems. Tenant at its own expense shall enter into a maintenance contract ("Maintenance Contract") with a heating and air conditioning repair service (which may be part of a blanket contract for multiple locations) and on terms reasonably acceptable to Landlord during the Leased Premises) Term and any renewals thereof and shall provide Landlord with a copy of same. The Tenant shall permit the Landlord or Landlord's duly authorized agents to enter upon the Premises and the buildings and improvements thereon erected at any reasonable time, and from time to time, upon prior notice during normal business hours except in the same (or better) condition event of an emergency for the purpose of inspecting and order of repair as exists as of appraising the Commencement Datesame. The Tenant shall comply with all orders, except for ordinary wear regulations, rules and tear, and shall promptly make all repairs and replacements requirements of every kind and nature relating to the Premises, now or hereafter in effect, of the Federal, State, Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, and whether they or any of them relate to structural changes or requirements (if whatever nature, whether foreseen or unforeseento changes or requirements incident thereto, which may be required to be made upon or in connection with as the Leased Premises in order to keep result of the use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do such compliance, and shall indemnify and save harmless the Landlord from all shoring of the Leased Premises or of foundations expense, 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 any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)comply with this covenant. Tenant shallfurther agrees to keep the Premises clean and free from all ashes, in all eventsdirt and other refuse matter. In the event of the failure of Tenant promptly to perform the covenants of Paragraph 15(b) hereof, make all repairs for which it is responsible hereunder promptly Landlord may, upon thirty (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary30) days prior notice, or, except in the event of a Restoration pursuant an emergency, go upon the Premises and perform such covenants, the cost thereof, at the sole option of Landlord, to Paragraph 13(c) or 14(g), within sixty (60) days of be charged to Tenant as additional and delinquent rent unless the date insurance proceeds or a condemnation award failure has been paid to the Trustee (it being understood that cured by Tenant shall take within 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 made in a good, proper and workmanlike mannerperiod.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate of this Lease, except for ordinary wear and teartear and damage by insured casualty (if the Leased Premises are not restored), 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Leased Premises or Adjoining Property in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand 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 EFFECTwhich right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c13 (c) and 14(g)14 (g) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations alterations that Tenant is permitted to make pursuant to this Leasehereunder, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (Premises, including, without limitation, the roof, roof membrane, landscaping, wallswalls (interior and exterior), footings, foundations foundations, parking lots, plumbing, conveyor systems and structural and non-structural components of the Leased Premises) , and the Adjoining Property, in the same (or better) condition good repair and order of repair as exists as of the Commencement Date, except for ordinary wear and tearappearance, and shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises in as good repair and appearance as they were as of the Commencement Date, except for ordinary wear and tear. Notwithstanding the foregoing, Tenant shall not be required to make structural repairs or structural replacements to the Improvements, the Land or Landlord's Trade Fixtures, unless such repair or replacement is needed because of Tenant's act or failure to maintain such items. Tenant shall not be required to maintain the Racking/Shelving Items in the Premises in the order same condition as at the Commencement Date; provided, however, that Tenant shall make any structural repairs or structural replacements necessary to the Racking/Shelving Items so that the system is operable for its intended purpose. Tenant shall do or cause others to do all that is necessary to plow or otherwise remove any and condition required by this Paragraph 11(a)all accumulated snow from the Premises and Adjoining Property and keep both in safe condition. Tenant shall do or cause others to do all shoring of the Leased Premises or Adjoining Property 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 any of the Leased PremisesPremises or Adjoining Property, 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 REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Premises or Adjoining Property in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand 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 EFFECTwhich right may otherwise be provided for in any law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)the terms of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (promptly, but in any no event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty longer than thirty (6030) days of the date insurance proceeds after a repair 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)replacement becomes prudent, and all repairs shall be made in a good, proper and workmanlike manner, and diligently pursued to completion. (b) If Tenant shall be in default under any of the provisions of this Paragraph 9, Landlord or Lender may, after thirty (30) days' notice to Tenant and failure of Tenant to commence to cure during said period or to diligently prosecute such cure to completion once begun, but immediately upon notice in the event of an emergency (that is, imminent danger of injury to persons or property), do whatever is necessary to cure such default as may be reasonable under the circumstances for the account of and at the expense of Tenant. In the event of an emergency, before Landlord may avail itself of its rights under this Paragraph 9(b), Landlord shall send notice to Tenant of the situation by telephone or other available communication. All actual and reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) so incurred by Landlord or Lender, together with interest thereon at the Default Rate from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord or Lender (as applicable) on demand. Tenant agrees that, in the event of an emergency, expenditures which might otherwise be unreasonable (such as overtime) may nevertheless be reasonable under the circumstances. (c) Tenant shall from time to time replace with other similar operational equipment or parts any of the mechanical systems or other equipment included in the Improvements which shall have become worn out, obsolete or unusable for the purpose for which it is intended, been taken by a Condemnation as provided in Paragraph 12, or been lost, stolen, damaged or destroyed as provided in Paragraph 14. Tenant shall repair at its sole cost and expense all damage to the Premises caused by the removal of equipment or any other personal property of Tenant at any time, including upon expiration or termination of the Lease. 10.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseas provided in Section 9.1(b) or Article XIV, Tenant shall Tenant, at all times putits sole expense, will keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations Property and structural components all means of the Leased Premises) access thereto in the same (or better) first-class condition and order of repair as exists as of the Commencement Date, except for ordinary wear and teartear (whether or not the need for such repairs occurred as a result of Tenant's use, any prior use, the elements or the age of the Leased Property, or any portion thereof), and, with reasonable promptness, make all necessary and appropriate repairs, replacements, and shall promptly make all repairs and replacements improvements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), which may or required by any Government agency having jurisdiction over the Leased Property. Tenant, however, shall be required permitted to prosecute claims against Landlord's predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be made upon or maintained by Tenant unless Landlord is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in connection with quality to the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)original work. Tenant shall do will not take or cause others omit to do all shoring take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Premises Property or any part thereof for its Primary Intended Use. If Tenant fails to make any required repairs or replacements after fifteen (15) days notice from Landlord (or after such longer period as may be reasonably required provided that Tenant at all time diligently proceeds with such repair or replacement), then Landlord shall have the right, but shall not be obligated, to make such repairs or replacements on behalf of foundations and walls for the account of the Improvements and every other act necessary or appropriate for preservation and safety thereofTenant. In such event, by reason of or in connection with any excavation or other building operation upon any of 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. 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 work shall be deemed to preclude paid for in full by Tenant as Additional Charges, together with a late charge thereon at the Overdue Rate from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that on which such repairs sums or expenses are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) paid or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerincurred by Landlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted Landlord shall maintain and keep in good condition and repair, including making all necessary repairs and replacements to, the Building and the Common Areas, and Landlord shall also make all repairs to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingthat are structural in nature or required due to fire, without limitationcasualty or acts of God subject to Section 10 hereof; provided, the roofhowever, 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 that Tenant shall promptly make all repairs and replacements arising out of every kind the negligence or willful misconduct of Tenant or Tenant's agents, contractors or employees. Except as provided above, Tenant shall keep the Leased Premises in good condition and naturerepair and Tenant shall, whether foreseen upon the expiration or unforeseenearlier termination of this Lease, which may be yield and deliver up the Leased Premises in like condition as when taken, reasonable use and wear thereof and repairs required to be made upon by Landlord excepted. From and after the Commencement Date, any repairs, additions or in connection with alterations to the Leased Premises in order that are required by OSHA or MIOSHA shall be promptly made by Tenant, at Tenant's sole cost and expense if, or to keep the extent that, such repairs, additions or alterations are all required only with respect to the Leased Premises. Landlord and maintain Tenant shall each comply with all applicable laws relating to their respective repair obligations hereunder. During the Term hereof, Landlord shall be responsible for making any alterations or improvements to the Leased Premises in that are required to be made pursuant to any applicable laws; provided, however, if any such alterations or improvements are necessitated because of any alterations and improvements made or proposed to be made by Tenant to the order and condition Leased Premises or because of Tenant's particular use of the Leased Premises, then such responsibility, including the cost thereof, shall be borne by Tenant. In the event that Landlord shall reasonably deem it necessary or be required by this Paragraph 11(a). Tenant shall do any governmental authority to repair, alter or cause others to do all shoring remove, reconstruct or improve any part of the Leased Premises or the Building (unless the same results from the negligence, willful misconduct or mode of foundations operation of Tenant or Tenant's agents, contractors or employees, in which event Tenant shall make all such repairs, alterations and walls improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of the Improvements such repairs, alterations and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection improvements cause any interference with any excavation or other building operation upon any Tenant's use of the Leased Premises, whether or such interference shall not Landlord shall, by reason relieve Tenant from the performance of any Legal Requirements or Insurance Requirementsof Tenant's obligations hereunder, be required to take nor shall 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 interference be deemed an actual or constructive eviction or partial eviction from the Leased Premises or result in an abatement of Tenant's rent provided that Landlord shall use reasonable efforts to preclude Tenant from being entitled to insurance proceeds perform any such repairs, alterations or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)improvements in a manner that will minimize such interference. Notwithstanding the foregoing, Tenant shall, in all eventsat Tenant's sole cost and expense, make all repairs for which it is responsible hereunder promptly (but and provide all maintenance in connection with any event shall commence actions alterations, additions or improvements made by Tenant to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 pursuant to completion), and all repairs shall be made in a good, proper and workmanlike mannerSection 9 hereof.

Maintenance and Repair. (a) Except The Lessee agrees, at its own expense, to be responsible for any Alterations that Tenant is permitted snow removal. C:\WINDOWS\TEMPORARY INTERNET FILES\OLK72E2\Commercial Lease Agreement Adden.doc Lessor agrees to make pursuant maintain and repair the exterior of the building leased herein, including the roof and exterior walls, and to maintain the structure of the building. Lessor agrees to repair plumbing to the extent of normally required repairs. Lessor agrees to maintain the interior walls, ceiling, floor, and floor covering when repairs are made necessary because of faulty construction or Lessor’s failure to keep the structure in proper repair. Lessee shall maintain and repair the interior of said premises at Lessee’s own expense in at least as good a condition as the same now are and at the expiration of this Lease, Tenant shall return said premises in a condition at all times putleast as good as they now are, 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 reasonable wear and teartear and damage by the elements alone excepted. Lessee shall keep the leased premises free from all dirt and other refuse matter, and shall promptly make repair, using licensed, reputable firms or persons, all repairs damages to equipment and replacements to plumbing caused by the negligence of every kind Lessee, its agents, servants, and nature, whether foreseen or unforeseen, which may be employees. The Lessee is only required to repair any damage to the leased premises during the term of the Lease occasioned by the Lessee’s negligence and is not required to repair any physical damages caused by storms, acts of God, or other similar incidents. Lessee agrees to be made upon or in connection with responsible for the Leased Premises in order to keep cost of installing any fire alarms, fire extinguishers, sprinkler systems, and maintain the Leased Premises in the order and condition smoke alarms required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring the laws, ordinances, and regulations of the Leased Premises or City of foundations Rapid City, County of Xxxxxxxxxx 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 any of 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 sostate and/or federal governments. 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 Lessor shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards responsible for Restoration pursuant to Paragraphs 13(c) all other changes required by laws, ordinances, and 14(g). Tenant shallregulations of Rapid City, Xxxxxxxxxx County, and state and/or federal governments unless the cost is prohibitive, in all eventswhich case Lessor shall have the right to cancel the Lease without further obligations to Lessee. Dated this day of , make all repairs for which it 2003. LESSOR: SAFETY PLAZA LESSEE: CITY OF RAPID CITY Managing Partner Mayor ATTEST: Finance Officer (SEAL) State of South Dakota ) SS. County of Xxxxxxxxxx ) On this the day of , 2003, before me, the undersigned officer, personally appeared , known to me or satisfactorily proven to be the person whose name is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid subscribed to the Trustee (it being understood within instrument and acknowledged that Tenant shall take such steps as are reasonably necessary to protect and preserve he/she executed the integrity and safety of same for the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerpurpose therein contained.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted 9. 1 Sublessor's Maintenance and Repair Obligations. Sublessor shall, subject to make pursuant reimbursement by Sublessee's Share of Operating Expenses in excess of the Operating Expense Base, and subject to this LeaseSection 9.2, Tenant shall at all times putArticle XII and Article XIII, keep maintain in good condition and maintain repair the Leased Premises roof (including, without limitation, as needed, any replacement thereof), exterior walls, and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, become necessary at Sublessor's reasonable discretion. Sublessor shall also provide maintenance and repair services to the building standard plumbing, electrical, natural gas, telephone and mechanical systems serving the Premises (but not including any service dedicated for Sublessee's exclusive use installed by or on behalf of Sublessee). Except in the case of any emergency of which Sublessor is aware, Sublessor shall not be required to make any repairs to the roof, landscaping, exterior walls, footingsexterior entrances, foundations foundation or to any systems within the Premises unless and structural components until Sublessee has given Notice to Sublessor of the Leased Premises) in the same (or better) condition need for such repair and order Sublessor shall have a reasonable period of repair as exists as of the Commencement Datetime thereafter to commence and complete said repair; provided, except for ordinary wear and tearhowever, and Sublessor shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may not be required to make any repairs stated in Sublessee's Notice except to the extent required of Sublessor under this Sublease. Subject to Section 7.3(b), the cost of any maintenance and repairs on the part of Sublessor provided for in this Section 9.1 shall be considered part of Building Costs, except that repairs which arise out of any negligence or willful misconduct of Sublessee or Sublessee's Agents shall be made upon or in connection with at the Leased Premises in order expense of Sublessee. Sublessor's obligation to keep so repair and maintain the Leased Premises shall be limited to the cost of effecting such repair and maintenance and in the order and condition required by this Paragraph 11(a). Tenant no event 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 any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or Sublessor be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRany expenses in excess of said amounts, WHETHER FORESEEN OR UNFORESEENincluding but not limited to, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYany consequential damages, 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 preclude Tenant from being entitled to insurance proceeds opportunity costs or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) lost profits incurred or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannersuffered by Sublessee.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseacknowledges that, 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 Substantial Completion Date, (but without limitation upon Landlord’s obligations under Exhibit A to achieve Final Completion) it will have received the Premises in good order and repair. During the Lease Term, Tenant, at its own expense, will maintain all parts of the Premises in good repair and condition, except for ordinary wear and teartear (but subject to Landlord’s obligation to achieve Final Completion), and shall promptly will take all action and will make all structural and non-structural, foreseen and unforeseen and ordinary and extraordinary changes and repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to keep all parts of the Premises in good repair and condition with a reasonable useful life for the Permitted Use, including but not limited to, all necessary structural replacements; provided, however, that Tenant shall not be required to replace the roof upon the expiration of the Lease Term unless the roof is reasonably determined not to be in good working order or to have a useful life of less than five (5) years, except to the extent replacement becomes necessary as a result of damage caused by Tenant or any Tenant Party. Such determination shall be made upon by a reputable roofing consultant reasonably acceptable to Landlord and Tenant in the final eighteen (18) months of the Term. Without limitation of the foregoing, during the Lease Term, Tenant shall, at Tenant’s sole cost, be solely liable for, and shall provide for, the maintenance, repair, and replacement, as necessary, of all plumbing, heating, refrigeration, air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, interior and exterior walls, the floor, the roof, the inside of exterior walls, ceilings, decking, floors, windows, doors, plate glass and skylights located within the Premises, and signs. Tenant shall, at Tenant’s sole cost and expense, enter into and keep in effect at all times during the Lease Term maintenance and service contracts with respect to HVAC and refrigeration systems at the Premises. During the Lease Term, Tenant shall perform all required landscaping and replacement, repairs and maintenance of the exterior parking areas, sidewalks and truck courts at the Premises and shall repair, at its expense, any damage to the Premises arising out of Tenant’s use or occupancy thereof, including damage caused by bringing into the Premises any property, all regardless of fault, or by whom such damage shall be caused. All repairs, replacements and reconstruction made by or on behalf of Tenant shall be made and performed: (a) at Tenant’s cost and expense (b) by contractors or mechanics that are appropriately Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the type that the registrant treats as private and confidential. licensed (if necessary), (c) at least equal in quality of materials and workmanship to the original work or installation and in accordance with the requirements of applicable Warranties (as defined in Exhibit B attached hereto), and (d) in accordance with all Declarations and all applicable laws and regulations of governmental authorities having jurisdiction over the Premises. Landlord shall not be required to maintain, repair, replace or rebuild all or any part of the Premises, other than in connection with the Leased Premises in order to keep Substantial Completion 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 Final Completion of the Leased Premises or of foundations and walls of the Building Improvements and every other act necessary or appropriate for preservation and safety thereof, contemplated by reason of or in connection with any excavation or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike manner.Exhibit A.

Maintenance and Repair. (a) Except Sublessee shall, at its risk, cost, and expense, during the term of this Sublease or any extension thereof, be responsible for any Alterations that Tenant is permitted to make pursuant to this Leasethe maintenance, Tenant shall at all times put, keep replacement and maintain repair of the Leased Premises (Subleased Property including, without limitationbut not limited to, (i) all permanent, non-removable improvements or additions made by Sublessee, (ii) all structural, interior and exterior replacements and repairs and improvements including, but not limited to paint, redecoration and renovation, (iii) utility systems, including, but not limited to fixtures, equipment, lines and connections associated with the roofheating, air conditioning, ventilating, electrical, plumbing, and sprinkler systems, (iv) all windows, doors (including operational mechanisms and door mountings), (v) floors, (vi) signs, and (vii) grass, landscaping, wallsand fences, footingsetc., foundations as same become necessary and structural components of are required to maintain the Leased Premises) Subleased Property in as good and proper condition, and in good appearance, as at the same (or better) condition and order of repair as exists as date of the Commencement Date, except for ordinary subject to normal wear and teartear for the uses permitted herein. Sublessee shall be required to have the HVAC systems kept under a maintenance service contract, which is reasonably satisfactory to Sublandlord. Sublessee shall keep sidewalks and personnel entranceways free from obstruction of all nature, properly swept, and snow and ice removed therefrom. Sublessee agrees that Sublandlord shall have no obligation under this Sublease to make any repairs or replacements (including the replacement of obsolete components) to the Sublease Property or the buildings or improvements thereon, or any alteration, addition, change, substitution or improvement thereof or thereto, whether structural or otherwise. The terms "repair" and "replacement" include the replacement of any portions of the Sublease Property which have outlived their useful life during the term of the Sublease (or any extensions thereof). Sublandlord and Sublessee intend that the rent received by Sublandlord shall be free and clear of any expense to Sublandlord for the construction, care, maintenance (including common area maintenance charges and charges accruing under easements or other agreements relating to the Sublease Property), operation, repair, replacement, alteration, addition, change, substitution and improvement of or to the Sublease Property and any building and improvement thereon. Upon the expiration or earlier termination of this Lease, Sublessee shall remain responsible for, and shall promptly make all repairs and replacements of every kind and naturepay to Sublandlord, whether foreseen any cost, charge 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 any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs expense for which it Sublessee is otherwise responsible for hereunder promptly attributable to any period (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of prorated on a Restoration pursuant to Paragraph 13(cdaily basis) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid prior to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety expiration or earlier termination of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerthis Sublease.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant Subtenant shall at all times put, not damage the Premises and shall keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components interior of the Leased Premises) Premises and all additions, alterations, and improvements thereto in the same (or better) good condition and order repair, including but not limited to the exterior doors, windows and window frames, custodial services, carpet cleaning, window washing, other minor interior repairs and maintenance, bulb replacement, and reasonable periodic painting as determined by Sublessor. Subtenant shall, further, keep the Premises in a clean, safe and healthy condition free of repair insects, rodents, termites, vermin and other pests so as exists as to conform to all lawful requirements, laws and ordinances and directions of the Commencement Dateproper public authorities. In the event any portion of the Premises shall be damaged because of improvements installed by Subtenant or through the fault or neglect of Subtenant, except for ordinary wear and tear, and Subtenant shall promptly and properly repair such damages at its cost even though it involves foundation or structural repairs. If Subtenant refuses or neglects to commence or complete said repairs and/or replacements promptly and adequately, Sublessor may, but shall not be required to, make all or complete said repairs and replacements and Subtenant shall pay the costs thereof to Sublessor upon demand. Subtenant shall coordinate its trash removal with the Sublessor and shall deposit its ordinary trash and refuse in the trash dumpster provided by the Sublessor (or Lessor, as the case may be). Subtenant shall be responsible for the collection, storage, and disposal of every kind its extraordinary trash and naturerefuse including, whether foreseen but not limited to, bio-hazardous materials, chemicals, and low-level nuclear materials as provided in Section 23. Said collection, storage, and disposal shall be in accordance with Section 5 hereof and subject to the general direction of The Ohio State University's Office of Environmental and Occupational Health and Safety. All repairs and replacements made by Subtenant shall be equal or unforeseenbetter in quality to the original work. If Subtenant refuses or neglects to commence or complete repairs and/or replacements for which Subtenant is responsible, which may promptly and adequately, Sublessor may, but shall not be required to, make or complete said repairs and replacements, and Subtenant shall pay the costs thereof to be made Sublessor immediately upon or in connection with the Leased Premises in order Sublessor giving notice of same 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 thereofSubtenant; provided, by reason of or in connection with any excavation or other building operation upon any of the Leased Premiseshowever, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take that no 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 by Sublessor shall in the preceding sentence shall any way be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible be a waiver by Sublessor of any right Sublessor may have hereunder promptly (but in on account of any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerdefault by Subtenant.

Maintenance and Repair. (a) a. Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists repair, as of the Commencement Dateinception of the 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 the 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 any of 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. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS OR MAINTENANCE AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW LEGAL REQUIREMENTS NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation Condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)) of this Lease. Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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)promptly, and all repairs shall be made in a good, proper and workmanlike manner. Tenant shall keep the Building free of Mold.

Maintenance and Repair. (a) Except The Lessee agrees, at its own expense, to be responsible for any Alterations that Tenant is permitted snow removal within six (6) feet of the building premises. Lessor agrees to make pursuant maintain and repair the exterior of the building leased he rein, including the roof and exterior walls, and to maintain the structure of the building. Lessor agrees to repair plumbing to the extent of normally required repairs. Lessor agrees to maintain the interior walls, ceiling, floor, and floor covering when repairs are made necessary because of faulty construction or Lessor’s failure to keep the structure in proper repair. Lessee shall maintain and repair the interior of said premises at Lessee’s own expense in at least as good a condition as the same now are and at the expiration of this Lease, Tenant shall return said premises in a condition at all times putleast as good as they now are, 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 reasonable wear and teartear and damage by the elements alone excepted. Lessee shall keep the leased premises free from all dirt and other refuse matter, and shall promptly make repair, using licensed, reputable firms or persons, all repairs damages to equipment and replacements to plumbing caused by the negligence of every kind Lessee, its agents, servants, and nature, whether foreseen or unforeseen, which may be employees. The Lessee is only required to repair any damage to the leased premises during the term of the Lease occasioned by the Lessee’s negligence and is not required to repair any physical damages caused by storms, acts of God, or other similar incidents. Lessee agrees to be made upon or in connection with responsible for the Leased Premises in order to keep cost of installing any fire alarms, fire extinguishers, sprinkler systems, and maintain the Leased Premises in the order and condition smoke alarms required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring the laws, ordinances, and regulations of the Leased Premises or City of foundations Rapid City, County of Xxxxxxxxxx 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 any of 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 sostate and/or federal governments. 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 Lessor shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards responsible for Restoration pursuant to Paragraphs 13(c) all other changes required by laws, ordinances, and 14(g). Tenant shallregulations of Rapid City, Xxxxxxxxxx County, and state and/or federal governments unless the cost is prohibitive, in all events, make all repairs for which it is responsible hereunder promptly (but in any event case Lessor shall commence actions have the right to initiate such repairs as quickly as possible after cancel the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant Lease without further obligations to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannerLessee.

Maintenance and Repair. Keep the Demised Premises and improvements erected thereon in good condition and repair, including all plumbing, heating, electrical and air conditioning systems and any loading facilities including loading doors and dock bumpers. Tenant at its own expense shall enter into a maintenance contract (a"Maintenance Contract") Except with a heating and air conditioning repair service acceptable to Landlord for any Alterations that Tenant is permitted to make pursuant to this Lease, the Demised Term and shall provide Landlord with a copy of same. The specifications for the Maintenance Contract are attached hereto as Exhibit "B". The Tenant shall permit the Landlord or Landlord's duly authorized agents to enter upon the Demised Premises and the buildings and improvements thereon erected 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 tearany reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall promptly make comply with all repairs orders, regulations, rules and replacements requirements of every kind and nature relating to the Demised Premises, now or hereafter in effect, of the Federal, State Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, and whether they or any of them relate to structural changes or requirements of whatever nature, whether foreseen or unforeseento changes or requirements incident thereto, which may be required to be made upon or in connection with as the Leased Premises in order to keep result of the use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do such compliance, and shall indemnify and save harmless the Landlord from all shoring of the Leased Premises or of foundations expense, 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 any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Demised Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)comply with this covenant. Tenant shallfurther agrees to keep the Demised Premises clean and free from all ashes, in dirt and other refuse matter; replace all eventsglass windows, make doors, etc., which are broken; and keep 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 date Tenant becomes aware that such repairs are necessary, or, in waste and drain pipes open. In the event of a Restoration pursuant the failure of Tenant promptly to perform the covenants of Paragraph 13(c8(b) or 14(g)hereof, within sixty (60) days Landlord may go upon the Demised Premises and perform such covenants, the cost thereof, at the sole option of the date insurance proceeds or a condemnation award has been paid Landlord, to the Trustee (it being understood that be charged to Tenant shall take such steps as are reasonably necessary to protect additional 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 made in a good, proper and workmanlike mannerdelinquent rent.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted Lessee shall, subject to make pursuant to this LeaseLessor's obligations hereinafter provided, Tenant shall at all times putduring the term hereof, keep and at Lessee's sole cost and expense, keep, maintain and repair the Leased Premises building and other improvements upon the demised premises in good and sanitary order and condition (including, except as hereinafter provided) including without limitation, the roofmaintenance and repair of any store front, landscapingdoors, wallswindows, footingswindow casements, foundations and structural glazing, interior components of all plumbing, pipes, electrical wiring and conduits. Lessee agrees on the Leased Premises) 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 better) by the elements excepted. Lessor shall, at his sole cost and expense, maintain in good condition and order repair the exterior walls, exterior components of repair as exists as of the Commencement Dateall heating, except for ordinary wear plumbing, pipes, electrical wire and tearconduits, and roof, provided, however, any repairs to the roof necessitated as a result of penetrations in the completed roof caused by Lessee shall promptly make be made by Lessee at Lessee’s expense. Lessor shall further, at his sole costs and expense maintain in good condition and repair the parking, parking lots and parking facilities and all repairs fences in, on and replacements about the demised premises. Such maintenance and repair shall include but not be limited to, black topping, slurry sealing, resurfacing, painting, lining, marking, and signing the parking spaces, direction of every kind traffic flow and nature, whether foreseen or unforeseen, which may driveways of entrance and exit. Lessor shall not be required to be made upon or make any repairs to the exterior walls, aforesaid components and roof unless and until Lessee has notified Lessor 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 writing of the Leased Premises or need for such repairs and Lessor shall have a reasonable period of foundations time thereafter to commence and walls complete said repairs. Notwithstanding any other provision of this lease, the Lessor shall be solely responsible for the damage to the exterior of the Improvements and every other act necessary or appropriate for preservation and safety thereofleased premises which is the result of vandalism, by reason of or in connection with any excavation burglary or other building operation upon any of 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. 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 preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, 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 date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) 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 made in a good, proper and workmanlike mannersimilar criminal activities.