Common use of Maintenance and Repairs by Tenant Clause in Contracts

Maintenance and Repairs by Tenant. Tenant shall, at Tenant’s sole expense, promptly and throughout the Term, maintain, repair, and replace the Premises, including but not limited to the roof, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenant.

Maintenance and Repairs by Tenant. Tenant shallTenant, at Tenant’s sole its expense, promptly shall --------------------------------- maintain and throughout repair the Term, maintain, repairinterior of the Leased Premises, and replace all heating, air conditioning, ventilating, electrical, mechanical, sprinkler and plumbing systems, equipment, machinery or fixtures exclusively servicing the Leased Premises, including but not limited together with all pipes, conduits, ducts and drains therefor. Furthermore Tenant, at its expense, shall replace any broken glass in the interior or exterior of the Leased Premises, and shall maintain and repair all entryway doors to the roofLeased Premises. Landlord shall assign to Tenant all assignable manufacturers' warranties with respect to equipment and fixtures installed in the Leased Premises. Tenant further agrees to keep the Leased Premises in good, parking lot and HVAC systemtenantable, in a good sanitary, sightly and clean condition comparable and to other similar commercial buildings keep all lobbies and entryways which are part of the Leased Premises clean and free from debris, refuse, obstructions or hazardous conditions. Tenant agrees to notify Landlord in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice event an excessive amount of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, snow accumulates on the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”)Leased Premises. Tenant shall provide Landlord copies of plans and specifications be responsible for such Material Repairs, as required by Landlord. Landlord shall then have twenty all maintenance or repairs wholly or partially (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed extent of Tenant's part) caused by the negligence or fault of Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlordany of its agents, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ visitors or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done forlicensees, or materials furnished to by Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier 's breach of the date Landlord receives (1) notice any provision of intent to file a lien or (2) notice that the lien has been filedthis Agreement. If Tenant fails does not make the repairs or perform the maintenance required hereunder in a prompt and adequate manner, then after notice to discharge, bond over, or otherwise satisfy any such lienTenant and opportunity cure as provided herein, Landlord may do so at Tenant’s expensemake such repairs or perform such maintenance and pay the costs thereof, and the amount expended by Landlord, including reasonable attorney’s fees and costs, such costs shall be so much Additional Rent which shall become immediately due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantLandlord.

Maintenance and Repairs by Tenant. Tenant shallThe Tenant, at Tenant’s sole its own expense, shall maintain and keep the Leased Premises and every part thereof and all fixtures, systems and equipment therein, in good order, first class condition and repair and promptly make all needed repairs and throughout the Termreplacements, maintain, repair, and replace the Premisesusing at all times new materials, including but not limited to, repairs and replacements to all electrical, plumbing, climate control systems, machinery and equipment, all entrances, interior glass, interior window mouldings, store fronts, partitions, doors and any and all other fixtures, equipment and appurtenances, as are part of, within or otherwise serving or appurtenant to the roof, parking lot Leased Premises (reasonable wear and HVAC system, tear not inconsistent with the maintenance and repair of the Leased Premises generally in a good order and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan arearepair and condition, and in compliance with all applicable lawsstructural repairs and repairs and replacements to the Common Areas and Facilities only excepted) and, and will suffer no activewithout limiting the generality of the foregoing, passive or permissive waste or injury thereof or thereto. the Tenant shall give keep the Leased Premises well painted, clean and in such condition as a careful owner would do. The Landlord prompt notice shall be responsible for structural repairs to the base building and repairs or replacements to the exterior walls and windows and all other Common Areas and Facilities. Notwithstanding the foregoing, if the Leased Premises or any equipment, services, drainage pipes, machinery or facilities contained therein, or the roof or outside walls or windows of the Property or any specific needed other services or structural portions thereof require repair or become damaged or destroyed through the neglect, negligence, carelessness or misuse of the Tenant, its servants, agents, employees, contractors, lessees, licensees or concessionaires or through it or them in any way, the cost of the resulting repairs, replacements or maintenance which will (1) affect the exterior wallsalterations, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by less insurance proceeds received from Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenantinsurance, shall be discharged, bonded over, or otherwise satisfied borne by the Tenant within ten (10) days following who shall pay the earlier same to the Landlord as Additional Rent forthwith upon presentation of an account of such expenses incurred by the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenant.

Maintenance and Repairs by Tenant. Tenant shall, shall at Tenant’s its sole expense, promptly cost and throughout the Term, maintain, expense maintain and repair, and replace as necessary, all of the Premises, Leased Premises (including but not limited to without limitation: the roof, foundation and exterior walls of the Building; the air conditioning, heating, plumbing, electrical and other utilities systems; the parking lot lot, walk, driveway or driveways; and HVAC system, the landscaping) in good order and repair and in a good safe and clean condition comparable to other similar commercial buildings tenantable condition, reasonable wear and tear excepted. Without limiting the previous sentence, Tenant shall keep the whole of the Leased Premises in the Las Vegasa clean, Nevada metropolitan areasanitary, and in compliance with safe condition and shall be responsible for all applicable lawstrash, snow and ice removal for the Leased Premises. Tenant shall not commit deteriorating waste on the Leased Premises or allow deteriorating waste to be committed by any of Tenant's agents, employees, licensees, subtenants, invitees or contractors., and will suffer no activeat the expiration of the Lease Term or other termination of this Lease surrender the same to Lessor in the same order and condition as they were in at the commencement of the Lease Term, passive or permissive waste or injury thereof or theretoreasonable wear and tear and insured casualty excepted. Tenant may make any repair or replacement required or permitted to be performed by Tenant under any provision of this Lease without the prior approval of Lessor so long as the repairs are not "material." Any structural repair or any repair which affects any utility system shall give Landlord prompt notice be considered a "material" repair and shall require the prior, written approval of Lessor before any specific needed repairssuch work is performed; provided, replacements or maintenance which will (1) affect the exterior wallshowever, exterior doorsthat no such approval shall be required in an emergency as long as Tenant makes a reasonable effort to contact Lessor beforehand. In addition, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant no material repair shall provide Landlord copies of be commenced until plans and specifications for such Material Repairs, as therefor shall have been submitted to and approved by Lessor. Any approval required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord this Section 14 shall be deemed to have approved such been given if Lessor does not respond within fifteen (15) business days after its receipt of Tenant's proposed plans and specifications, if any, and request for approval. All Material Repairs to After approval, the Premises work shall be commenced promptly, performed by Tenant using contractors or mechanics approved by Landlord in accordance with the approved plans and specifications approved by Landlordspecifications, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent continued diligently to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantcompletion.

Maintenance and Repairs by Tenant. Tenant shallshall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant’s 's sole cost and expense, promptly shall furnish its own electric bulbs and throughout fluorescent tubes for all light fixtures in the TermLeased Premises which are not Building Standard fixtures and, maintainexcept as otherwise provided in Section 13, repairshall make all repairs and replacements to the Leased Premises, other than structural necessitated or caused by the willful or negligent acts or omissions of Tenant, Tenant's Associates or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant, Tenant's Associates or any such Person. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Alterations (other than for correcting Landlord's work), and replace (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the Premises, including but not limited standard equipment and systems serving the Building) which may be installed in the Leased Premises by Landlord or Tenant. In addition to the roofforegoing, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste damage or injury thereof to the Leased Premises or thereto. its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall give Landlord prompt notice be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of any specific needed Landlord. All such aforesaid repairs, restoration and replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans in quality and specifications. All Material Repairs class equal to the Premises original work or installation and shall be performed by Tenant using contractors or mechanics approved by Landlord made in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantaccepted construction practices.

Maintenance and Repairs by Tenant. Tenant shallTenant, at Tenant’s sole expensecost and expense and without prior demand being made therefor, promptly shall maintain the Premises in good order, condition and throughout the Term, maintain, repair, reasonable wear and replace tear excepted, including, without limitation, the following: electric light bulbs (but not including fluorescent lights used in fixtures originally installed in the Premises, including but not limited to ); the roof, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows interior surfaces of the buildingceilings, walls and floors; all doors; interior and exterior windows; and all equipment and fixtures16 installed by or at the structural parts expanse of Tenant.17 In the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). event that Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day periodmaintain the Premises in good order, condition and repair, Landlord shall be deemed give Tenant notice to have approved do such plans and specificationsacts as are reasonably required to so maintain the Premises. All Material Repairs to In the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice event that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any promptly commence such lienwork and diligently prosecute it to completion, Landlord may shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, Landlord shall be due and payable immediately paid by Tenant promptly upon demand therefor with interest thereon at the Interest Rate from the date of such expenditure at the payment greater of the prime rate then charged by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenanceFirst Security Bank of Utah, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten N.A. plus two percent (102%) or eighteen percent (18%) per annum from (the date “Interest Rate”). Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the payment Premises by Landlord until Landlord receives payment from TenantTenant as a result of performing any such work. Tenant expressly and irrevocably waives the benefit or applicability of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair.

Maintenance and Repairs by Tenant. Tenant shallshall take good care of the interior, at Tenant’s sole expense, promptly and non-structural portions of the Leased Premises throughout the Term, maintainmaintain and preserve same in as good a condition as delivered to Tenant on the Commencement Date, repairexcept for normal wear and tear and damage by fire or other casualty not caused by Tenant, and replace the Premisesbe responsible for all necessary repairs and replacements thereto, including but not limited other than those which it is Landlord’s obligation to the roof, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan areamake under Section 6.3 of this Lease, and in compliance with shall perform all applicable lawsrepairs and improvements required by any governmental law, and will suffer no activeordinance, passive rule or permissive waste regulation arising from Tenant’s specific use or injury thereof or theretomanner of use of the Leased Premises. Tenant shall give Landlord prompt notice of any specific needed repairsnot injure, replacements deface or maintenance which will (1) affect the exterior walls, exterior doors, windows commit waste of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”)Leased Premises. Tenant shall provide be responsible for all damage of any kind or character to the Building caused by Tenant or Tenant’s agents, contractors, customers, employees, invitees, licensees, servants or visitors or alterations performed by Tenant. If Tenant fails to commence any repairs to the Leased Premises and leasehold improvements within thirty (30) days after written notice from Landlord copies of plans to Tenant and specifications for thereafter diligently proceed with such Material Repairsrepair work until completion, as required Landlord may, at its option, make such repairs or any replacements deemed necessary by Landlord, and Tenant shall pay to Landlord on demand Landlord’s cost thereof plus a charge of five percent (5%) for administrative cost recovery. All repairs, alterations or additions that affect the Building’s structural components or the Building’s mechanical, electrical and plumbing systems or and repairs that are not within the Leased Premises for which Tenant is responsible under this Section 6.2 shall be made solely by Landlord or its contractor, at commercially competitive rates, and Tenant shall then have pay the costs incurred therefor thereof plus a charge of five percent (5%) for administrative cost recovery to Landlord within twenty (20) days after receipt demand, which demand shall include invoices from service providers, as Additional Rent. Notwithstanding anything contained in Section 8.1(a) of such plans this Lease, Tenant, at its sole cost and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenantexpense, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten exclusively responsible for: (10a) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or operation (including, without limitation, any electricity charges associated with such operation) and replacement obligations of the existing self-contained glycol air conditioning system servicing the Leased Premises and a portion of the sixth (6th) floor of the Building occupied by Tenant; and (b) the removal thereof in the event Tenant decides to cease use of such system, which removal shall be in accordance with, and subject to, the provisions of Article 7 of this Section 5.3Lease. In the event Tenant ceases to use such system, Landlord mayTenant, in at its sole discretion cost and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costsexpense, shall be deemed exclusively responsible for all repairs and modifications to be additional Rent owing by Tenant the Leased Premises necessary for connecting the Leased Premises to Landlord the base Building heating, ventilation and air conditioning system, which shall be due made in accordance with, and payable immediately with interest thereon at ten percent (10%) per annum from subject to, the date provisions of Article 7 of this Lease. In the event of the payment removal of the self-contained system pursuant to the terms of this Section, Landlord agrees that the base Building chillers/cooling towers will provide sufficient capacity to include such square footage of the Leased Premises formerly supplied by Landlord until Landlord receives payment from Tenantthe existing self-contained system.

Maintenance and Repairs by Tenant. Tenant shall maintain the demised premises and any buildings, structures, facilities, improvements and appurtenances now or hereafter erected thereon in good order and repair, both inside and outside, structurally and nonstructurally, and keep the same and all parts thereof, including, without limiting the generality of the foregoing, foundations, walls, floors, roof, sidewalks, curbs, water and sewer connections, windows and other glass, plumbing, water, gas and electric fixtures, pipes, wires and conduits, heating, cooling and electrical and plumbing systems, elevators, boilers, machinery, fixtures, equipment, furnishings, facilities, appliances, roadways, walkways, parking areas and landscaping in, on or connected with the demised premises, in good, clean, healthful, and safe order and condition, all in accordance with applicable municipal and other governmental statutes, rules, orders and regulations and ordinances and the direction of proper public officers, suffering no waste or injury, and shall, at Tenant’s 's sole expense, promptly make or cause to be made all needed repairs, replacements, renewals and additions, structural or otherwise, whether ordinary or extraordinary, foreseen or unforeseen, in and to any of the foregoing, all as may be necessary to maintain the value of the building and other improvements which comprise a portion of the demised premises throughout the Termlease term. All such repairs, maintainreplacements, repairrenewals and additions shall be of good quality and sufficient for the proper maintenance and operation of the demised premises and any buildings, structures, facilities, furnishings, equipment, fixtures, improvements and replace the Premises, including but not limited to the roof, parking lot appurtenances now or hereafter erected thereon and HVAC system, in a good shall be constructed and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and installed in compliance with all applicable laws, requirements of all governmental authorities having jurisdiction thereof and will suffer no active, passive of the appropriate Board of Fire Underwriters or permissive waste or injury thereof or theretoany successor thereof. Tenant shall give Landlord prompt notice not permit anything to be done upon the demised premises which would invalidate or prevent the procurement of any specific needed repairs, replacements or maintenance insurance policies which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as may at any time be required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs pursuant to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice provisions of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantlease.

Maintenance and Repairs by Tenant. Tenant shall, at Tenant’s sole expense, promptly shall maintain the condition and throughout make all necessary repairs and improvements to the Term, maintain, repair, areas described on Parcel 1 and replace Parcel 2 of the Demised Premises, including but not limited to the roofdolphins, parking lot provided that if repairs are necessary by reason of Landlord's negligence or breach of this Lease, Landlord shall make any necessary repairs at Landlord's expense. Any such repairs and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and additions shall be made in compliance with all applicable laws, city ordinances and will suffer no activesafety standards. (a) Notwithstanding the foregoing, passive if it becomes necessary to repair or permissive waste or injury thereof or thereto. replace any of the dolphins (other than due to damage directly caused by Tenant), Tenant shall give have the right to repair or replace any damaged dolphin and to offset the cost of such repair or replacement against Tenant's Rent and other charges due and to become due under this Lease as provided in subparagraph (b). Landlord prompt notice will assist Tenant to obtain all necessary permits and related authorizations for the completion of the repair or replacement of any specific needed repairsdamaged dolphin. The dolphins shall be the property of Landlord at the termination of this Lease. During any period Tenant is prevented from docking one of its vessels or another cruise operator's vessel according to its then existing schedule, replacements due to a dolphin needing to be repaired or maintenance which will replaced, then Tenant’s Rent and all other charges due hereunder shall xxxxx on a pro-rated basis of one (1) affect day for each day Tenant is prevented from such docking. (b) If it becomes necessary to repair or replace a dolphin during the exterior walls, exterior doors, windows first 24 months of the buildingTerm as a direct result of increased wear and tear on such dolphin(s) from Tenant's docking ships larger than the American Empress (currently operated by American Queen Steamboat Company), Tenant shall have the structural parts right to repair or replace any damaged dolphin and to offset 50% of the buildingcost of such replacement against Tenant's Rent and other charges due and to become due under this Lease. Except as provided in the preceding sentence, the roof if it becomes necessary to replace any of the buildingdolphins (other than due to damage to improvements constructed by Tenant or damage directly caused by Tenant), or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies have the right to repair or replace any damaged dolphin and to offset 100% of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt the cost of such plans repair or replacement against Tenant's Rent and specifications other charges due and to approve become due under this Lease other than taxes described in section 6 of this lease. The amount of such abatement shall only include Tenant’s actual cost of repair or reject the same by delivering written notice to Tenantreplacement. If Landlord fails to respond within such twenty-day periodIn all events, Landlord will assist Tenant to obtain all necessary permits and related authorizations for the completion of the repair or replacement of any damaged dolphin. The dolphins shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by property of Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice the termination of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten this Lease. (10c) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord maydetermines, in its sole discretion and in addition to discretion, that the cost of repairing or replacing any dolphin is uneconomical, (other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing than for damages directly caused by Tenant or repair or replacement of improvements made by Tenant), it may instead terminate this Lease by notice to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantLandlord.

Maintenance and Repairs by Tenant. Tenant shall, at Tenant’s sole expense, promptly and throughout the Term, maintain, repair, and replace shall keep the Premises, Building and Property in good order and condition, subject to ordinary wear and tear and damage by casualty which is addressed in Section 13 of this Lease, and shall promptly make all necessary or appropriate repairs, replacements and renewals thereof, whether interior or exterior, structural or non­structural, ordinary or extraordinary, foreseen or unforeseen, to include repairs and replacements of items ordinarily considered to be “capital repairs,” such as roof, windows, slab, walls, elevators, and any other items that would be required to be capitalized under generally accepted accounting principles, including but not limited any deferred maintenance, repairs and replacements existing as of the Term Commencement Date. All repairs, replacements and renewals by Tenant shall be substantially equal in quality and class to the rooforiginal work found in the Premises, parking lot Building and HVAC systemProperty, effected with due diligence, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan areaworkmanlike manner, and in compliance with all applicable laws, Legal Requirements and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by LandlordInsurance Requirements. Landlord shall then have not be required to maintain, alter, repair, rebuild or replace the Premises, Building and/or Property, or any component or portion thereof, in any way. If Tenant fails for thirty (30) days after receipt of written notice to proceed (except to the extent such repairs cannot reasonably be completed in thirty (30) days) with diligence to make repairs required to be made by Tenant, the same may be made by Landlord, at Landlord’s option, at the expense of Tenant, and the expenses thereof incurred by Landlord (together with interest at the Lease Interest Rate) shall be collectible as Additional Rent within twenty (20) days after receipt of demand therefor. In the case of any repairs which cannot reasonably be completed within 30 days, Tenant shall proceed with such repairs to completion in a diligent manner. Subject to Tenant’s maintenance, repair and replacement obligations set forth in this Lease, Tenant shall not be required to replace major structural components of the Property (including, but not limited to, the roof, floor slab, walls, elevators, window and door openings) or Building systems upon the termination of the Lease, regardless of the condition of such plans components and specifications systems at the termination of the Lease. Tenant shall, however, keep the Property in good repair and make all necessary repairs and replacements so as to approve avoid damage or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs waste to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans Premises, Building and specifications approved by Landlord, and shall be Property at Tenant’s sole expense and at such all times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against during the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier Term of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantLease.

Maintenance and Repairs by Tenant. Subject to Section 7.02(c), Tenant shallshall maintain and keep in good repair all non-Building-standard leasehold improvements, but at Tenant’s sole written request, Landlord will perform said maintenance and repairs at Tenant’s expense, promptly and throughout the Term, maintain, repair, and replace the Premises, including but not limited at a cost or charge equal to the roofcosts incurred in such maintenance or repairs plus an additional charge of fifteen percent (15%). The necessity for and adequacy of said maintenance and repairs shall be measured by the standards of other class “A” office buildings, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings located in the Las VegasRaleigh, Nevada metropolitan North Carolina area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or theretofor improvements of similar construction. Tenant shall give be responsible for immediately notifying Landlord prompt notice of any specific needed repairsdamage done to (i) the Leased Premises, replacements or maintenance which will (1ii) affect Tenant’s Building-standard and/or non-Building-standard leasehold improvements, (iii) the exterior wallspremises of any other tenant(s) in the Building, exterior doors, windows and (iv) any other part of the buildingBuilding, any of which such damage described in the structural parts above subsections (i) through (iv) is caused by any item (or combination of items) of Tenant’s equipment or machinery in the Leased Premises or by the negligent acts or omissions of Tenant, Tenant’s employees or agents, or any other person entering the Building under the express or implied invitation of Tenant, or which otherwise arises out of Tenant’s occupancy of the building, the roof Leased Premises. Any damage done to any part or all of the building, area or the parking areas, or leasehold improvements listed in subsections (2i) exceed Ten Thousand and 00/100 Dollars ($10,000.00ii) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord herein shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors repaired or mechanics approved replaced by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole own cost and expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice business days; provided, however, that the lien has been filed. If Tenant fails to dischargeat Landlord’s sole but reasonable discretion, bond over, or otherwise satisfy any such liendamage may be repaired by Landlord, Landlord may do so at Tenant’s expense, at a cost or charge equal to the costs incurred in such repair or replacement plus an additional charge of fifteen percent (15%). Within ten (10) business days of receipt of invoice, Tenant shall reimburse Landlord and/or any other tenant(s) in the Building, as applicable, for any damage done to any part or all of the areas listed in subsections (iii) and/or (iv) herein. Notwithstanding the cure period provided in Section 9.01(b)(2), if Tenant fails to make, or to commence and exercise due diligence in the amount expended making of, repairs or replacements as required by Section 7.04(b) within ten (10) business days of the earlier of Tenant’s discovery of such damage or Tenant’s receipt of notice of such damage, Landlord shall have the right to make such repairs or replacements without any prior notice to Tenant, and Tenant shall repay the cost(s) and expense(s) thereof plus a charge of fifteen percent (15%) to Landlord on demand. Anything to the contrary in this Lease notwithstanding, in any event of emergency, as determined by Landlord in Landlord’s sole but reasonable discretion, Landlord shall have the right to make, or cause to have made, repairs or replacements without any prior notice to Tenant, and Tenant shall repay Landlord for the cost(s) and expense(s) thereof, plus a charge of fifteen percent (15%) to Landlord on demand. If all or substantially all of the Leased Premises is taken by virtue of eminent domain or for any public or quasi-public use or purpose, this Lease shall terminate on the date the condemning authority takes possession. If only a part of the Leased Premises is so taken, or if a portion of the Building not including the Leased Premises is taken, this Lease shall, at the election of Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at either (i) terminate on the Interest Rate from date the condemning authority takes possession by giving notice thereof to Tenant within thirty (30) days after the date of such taking of possession or (ii) continue in full force and effect as to that part of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord mayLeased Premises not so taken, in its sole discretion which case Rent shall be reduced on a square footage basis by the amount of square footage of the Leased Premises taken or condemned. All proceeds payable from any taking or condemnation of all or any portion of the Leased Premises and the Building shall belong to and be paid to Landlord, and Tenant hereby expressly assigns to Landlord any and all right, title and interest of Tenant now or hereafter arising in addition and to any other remedies provided hereinsuch awards. Tenant shall have no, perform said maintenanceand waives any, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to claim against Landlord and the condemnor for the value of any unexpired term. Tenant shall be due and payable immediately with interest thereon at ten percent (10%) per annum have the right to pursue a condemnation award from the date of condemning party, but only to the payment by Landlord until Landlord receives payment from extent that Tenant’s award (A) is separately stated, and (B) does not diminish any award to Landlord.

Maintenance and Repairs by Tenant. The Tenant shall, at Tenant’s its sole expensecost, promptly repair and throughout the Term, maintain, repair, and replace maintain the Premises, including including, but not limited to, the exterior walls and roofs, the entrances, sidewalks, corridors, parking areas and other facilities serving the Premises (excluding areas or facilities which are not within the Land), but shall not be responsible for capital improvements or structural repairs to the roofBuilding, parking lot except to the extent Tenant receives or is entitled to receive insurance proceeds for damage to the Building; and the mechanical, electrical, and plumbing systems, all to a standard consistent with a first class building, with the exception only of those repairs, if any, which are the obligation of the Landlord pursuant to this Lease. Landlord shall be responsible for all repairs to the HVAC systemsystems of the Building which are not covered by the HVAC maintenance contract(s) in effect as of the Commencement Date. Without limiting the generality of the foregoing, in a good Tenant is specifically required to make repairs (i) to the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii) to windows, plate glass, doors, and clean condition comparable any fixtures or appurtenances composed of glass; (iii) to other similar commercial buildings Tenant's sign; (iv) to any heating or air conditioning equipment installed in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive Building; (v) to the Premises or permissive waste the Building when repairs to the same are necessitated by any act or injury thereof or thereto. Tenant shall give Landlord prompt notice omission of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the buildingTenant, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). failure of Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specificationsperform its obligations under this Lease. All Material Repairs to repair and maintenance performed by the Tenant in the Premises shall be performed by Tenant using qualified and licensed contractors or mechanics approved by Landlord in accordance with plans and specifications workmen as are approved by Landlord, with such approval not to be unreasonably withheld or delayed. At the expiration or earlier termination of the Term, the Tenant shall surrender the Premises to the Landlord in as good condition and repair as the Tenant is required to maintain the Premises throughout the Term, giving consideration to normal wear and tear. In addition to the foregoing, Tenant shall be furnish, maintain, and replace all electric light bulbs, tubes, and tube casings located within or serving the Premises and Tenant's signage, all at Tenant’s 's sole expense cost and at such times and in such manner as expense. Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice will assign to Tenant the benefit of intent any manufacturers' warranties with respect to file or which has been filed against the Premises arising out of work done formechanical, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expenseelectrical, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantplumbing systems.

Maintenance and Repairs by Tenant. Tenant shallagrees at its expense (and Landlord shall have no obligation) to keep and maintain the entire Leased Premises, at Tenant’s sole expenseboth Building and Land, promptly in good order, condition and throughout the Term, maintain, repair, and replace the Premises, including but not limited to the roofmaintenance and repair of all structural or load-bearing elements, parking lot roofs, walls, foundations, heating, ventilating and HVAC air conditioning systems, all building security and monitoring system, windows, plate glass walls, doors, electrical systems and equipment, mechanical equipment, plumbing and all other components of the Building, mowing of lawns, care of plantings, replacing, resurfacing and striping of walkways, driveways and parking areas, and adjacent public sidewalks, removal of snow and ice from the Leased Premises and adjacent public sidewalks, removal of trash, maintenance of utility lines and exterior lighting on the Land, and any maintenance, repairs or replacements (or fees or reserves therefor) as may be required by any Permitted Exceptions. All such maintenance and repair shall keep the Leased Premises in a good state of repair and clean in a clean, safe, and sanitary condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, statutes, rules, regulations, codes, ordinances, zoning restrictions, certificate of occupancy, judicial orders and will suffer no activedecisions, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice orders of any specific needed repairsgovernmental authorities and insurance regulations (collectively, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material RepairsLaws”). Tenant shall provide Landlord copies of plans must make all repairs, corrections, replacements, improvements or alterations necessitated by age, Tenant’s use and specifications for such Material Repairs, as the elements or required by Landlordpursuant to governmental order or mandate. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject Notwithstanding the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlordforegoing, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives long as (1) notice no notices have been received from any governmental authority as to the condition of intent to file a lien or the Leased Premises, and (2) notice Tenant is keeping the Leased Premises in a condition that prevents waste to the lien value of the same, Tenant shall be solely responsible for the day-to-day maintenance decisions for, and activities upon, the Leased Premises, including but not limited to all lawn care, trash removal, painting and other cosmetic maintenance. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs, corrections, improvements or alterations at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Leased Premises in good order, condition or repair, or which would otherwise require Landlord to make repairs, corrections, improvements or alterations. Any and all obligations that Landlord or Tenant may incur under the Permitted Exceptions and any other agreements to which the Land may be subject as of the Commencement Date and any amendments thereto or modification thereafter shall be the sole obligation of Tenant during the Term of the Lease and any extensions thereof. It is intended by the Parties hereto that Landlord has been filedno obligation, in any manner whatsoever, to repair and maintain the Leased Premises or the equipment or fixtures therein or any part thereof, whether structural or non-structural, all of which obligations are intended to be that of Tenant. In no event shall Landlord be obligated to pay for repairs or replacement of any part of the Leased Premises. If Tenant fails to discharge, bond over, perform its obligations under this Section or otherwise satisfy any such lienunder another provision of this Lease, Landlord may do so at its option (but shall not be required to) enter upon the Leased Premises after thirty (30) days prior written notice to Tenant (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Tenant’s expensebehalf and put the same in good order, condition and repair, and the amount expended by Landlord, including reasonable attorney’s fees and costscost thereof, shall be become additional rent due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date Tenant’s next installment of the payment by Landlord until Landlord receives payment from TenantBase Rent.

Maintenance and Repairs by Tenant. Tenant shallshall keep the Leased Premises and all fixtures and equipment therein in such repair, order and condition that the same are in at the commencement of the term hereof or may be put in during the continuance thereof, reasonable use and wear and damage by fire or other casualty excepted. All damage or injury to the Premises or to the Building caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or resulting from the carelessness, omission, neglect, improper conduct or other cause of Tenant or any of its employees, agents, shall be repaired promptly by Tenant at its sole cost and expense to the reasonable satisfaction of the Landlord. All of the aforesaid work shall be in quality and class equal to the original work. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs, alterations, additions or improvements in or to any portion of the Building or Premises, or in or to fixtures, appurtenances or equipment thereof, and Landlord shall have no liability for failure of Landlord or others to make any such repairs, alterations, additions or improvements. Tenant agrees that he has received and will keep, at Tenant’s sole his own expense, the demised premises and all appurtenances thereto, including all yards, alleys, and sidewalks, in good, safe, tenantable and sanitary condition that Tenant will, at his own expense, promptly remove all debris. Tenant covenants that during the term of this lease and throughout the Termany renewals hereof Tenant will, maintainat his own expense, repairkeep in good order and repair waste pipes and fixtures appurtenant thereto; that Tenant will, at his own expense, have all choked waste pipes and toilets promptly unstopped, have all flues kept clean, and replace the Premises, including but not limited to the roof, parking lot have all broken glass (both interior and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1exterior) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantpromptly replaced.

Maintenance and Repairs by Tenant. Except as provided in Section 6.01 hereof, Tenant shall, at Tenant’s sole 's expense, promptly at all times keep the Premises and throughout the Termappurtenances and every part thereto in good clean, maintainsanitary and safe order, condition and repair, and replace the Premisesincluding fixtures, including but not limited to the roofelectrical, plumbing, sewage systems, sidewalks, parking lot and landscaping, thereby waiving all rights to make repairs at the expense of Landlord as provided in Section 1942 of the Civil code of the State of California, and all rights provided for by Section 1941 of said Civil Code. Tenant shall replace all broken glass with glass of the same size and quality and on a quarterly basis maintain and repair HVACs. Any replacement of major parts or an entire HVAC systemunit shall be handled as follows: Upon determination of the need for replacement of parts or an entire unit, and the cost, Tenant shall notify Landlord of the extent and cost of the replacement. Tenant shall be responsible for the first $5000 of cost for each HVAC unit. The $5000 shall be cumulative from the beginning of the Lease Term, and shall continue through the option periods. The cumulative $5000 shall not include costs paid by Tenant for quarterly maintenance or minor repairs. If the replacement of parts or an entire unit exceeds the $5000 cap per unit, Landlord shall pay the difference between the actual cost and the $5000. Tenant shall, in a manner satisfactory to Landlord, paint the interior of the Premises when necessary to maintain at all times a clean and sightly appearance. In the event Tenant fails to perform any of its obligations as required hereunder, Landlord may, but shall not be required to, perform and satisfy same, with Tenant hereby agreeing to reimburse Landlord for the cost hereof promptly upon demand. Tenant shall make any and all additions, improvements, alterations, and repairs to or on the Premises (other than those required for the structural repair of the roof, or exterior walls), which may at any time during the Lease Term be required or recommended by any lawful authorities, insurance underwriters, inspection rating bureaus, or insurance inspectors designated by Landlord. Landlord may, but shall not be obligated to deal directly with any authorities respecting their requirements for additions, improvements, alterations or repairs. All such repairs shall be performed in a good and clean condition comparable workmanlike manner, up to other similar commercial buildings in the Las Vegascode. All such additions, Nevada metropolitan areaimprovements, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or theretoalterations thereto shall become immediately the property of Landlord. Tenant shall give Landlord prompt notice of any specific needed repairscomply with all county, replacements municipal, state, and federal laws and regulations including those relating to commercial banks, now in force or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall hereafter may be deemed to have approved such plans and specifications. All Material Repairs in effect pertaining to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantPremises.

Maintenance and Repairs by Tenant. a. Tenant shall take good care of the Leased Premises and the fixtures, glass, appurtenances and equipment therein (including, if and to the extent installed by Tenant or by any Persons Within Tenant’s Control, all horizontal portions of the Building Systems that are located within the Leased Premises, and expressly including any sprinkler loop and distribution pipes and heads and any private bathrooms in or appurtenant to the Leased Premises), and at Tenant’s sole cost and expense shall make all repairs as and when needed to preserve them in good working order and condition, whether or not such repairs are ordinary or extraordinary, or foreseen or unforeseen at this time, and whether or not such repairs pertain to improvements in the Leased Premises furnished or installed by Landlord, but excluding repairs to the rough floor, the rough ceiling, exterior walls or load-bearing columns, unless otherwise required, b. All damage or injury to the Leased Premises, or to the Building or the Building Systems outside of the Leased Premises, caused by or arising from acts or omissions of Tenant, or of Persons Within Tenant’s Control, including those which are structural, extraordinary and unforeseen, shall be promptly repaired, restored or replaced by Tenant, at Tenant’s own cost and expense. c. All Repairs shall be in quality and class equal to or better than the original work or installations, and shall be performed in good and workmanlike manner, using Building standard or higher quality materials. Tenant shall, at Tenant’s sole cost and expense, promptly and throughout the Term, maintain, repair, and replace the Premises, including but not limited make all Repairs to the roof, parking lot A/C Unit and HVAC system, any and all horizontal pipes utilized in connection therewith. d. Tenant shall maintain the Leased Premises and the areas appurtenant thereto (including any permitted signs or cameras located in the Leased Premises or in any appurtenant areas) in a good clean and clean orderly condition comparable to other similar commercial buildings in that is consistent with the Las Vegas, Nevada metropolitan area, use and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows appearance of the buildingBuilding. If Tenant fails to so maintain the Leased Premises or appurtenant areas to the reasonable satisfaction of Landlord, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. then Landlord shall then have twenty the right, ten (2010) days after receipt of such plans notice from Landlord to Tenant and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense cost and at expense, to enter into the Leased Premises and such times appurtenant areas for the express purpose of rectifying the condition thereof and in restoring the Leased Premises and such manner as Landlord may approveappurtenant areas to the condition and appearance required hereunder. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done forTenant shall not clean, or materials furnished permit, suffer or allow to be cleaned, any windows in the Leased Premises from the outside. e. In any case where Tenant shall be required to make repairs or perform any work pursuant to this Section and such repairs or work shall affect the Building Systems or areas outside of the Leased Premises, Landlord may, in Landlord’s reasonable discretion, elect to make such repairs or to perform such work for and on behalf of Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant but at Tenant’s reasonable and actual cost of such repairs and/or work within ten (10) days following the earlier after Landlord shall furnish a statement to Tenant of the date amount thereof. f. Tenant shall immediately give Landlord receives (1) written notice of intent any damage or injury to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond overPremises, or otherwise satisfy any such liendefective condition in any plumbing, Landlord may do so at Tenant’s expenseair conditioning system or electrical lines located in, and servicing or passing through the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantLeased Premises.

Maintenance and Repairs by Tenant. Tenant shallshall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant’s sole cost and expense, promptly shall furnish its own electric bulbs and throughout fluorescent tubes for all light fixtures in the TermLeased Premises which are not Building Standard fixtures and, maintainexcept as otherwise provided in Section 13, repair, shall make all repairs and replace replacements to the Leased Premises, including but not limited to structural or otherwise, necessitated or caused by the roofwillful or negligent acts or omissions of Tenant, parking lot and HVAC systemTenant’s Associates or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant, in a good and clean condition comparable to other similar commercial buildings Tenant’s Associates or any such Person. Without affecting Tenant’s obligations set forth in the Las Vegaspreceding sentence, Nevada metropolitan areaTenant, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense cost and at such times expense, shall also (i) make all repairs and replacements, as and when necessary, to Alterations, and (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in such manner as the Leased Premises by Landlord may approveor Tenant for the benefit of and upon request of Tenant. Any mechanics’ In addition to the foregoing, all damage or materialmen’s lien for which Landlord has received a notice of intent injury to file the Leased Premises or which has been filed against its fixtures, appurtenances and equipment or to the Premises arising Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of work done forthe Building or by installation or removal of furniture, fixtures or materials furnished to other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be discharged, bonded over, in quality and class equal to the original work or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord installation and shall be due and payable immediately made in accordance with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantaccepted construction practices.

Maintenance and Repairs by Tenant. Tenant shallagrees at its expense to keep and maintain the entire Leased Premises, at Tenant’s sole expenseboth Building and Land, promptly in good order, condition and throughout the Term, maintain, repair, and replace the Premises, including but not limited to maintenance and repair including replacement .(as necessary) of all structural or load-bearing elements, roofs, walls, foundations, heating, ventilating and air conditioning systems, windows, walls, doors, electrical systems and . equipment, mechanical equipment: plumbing and all other components of the roofBuilding, mowing • lawns, care of plantings, resurfacing and striping of walkways, driveways and parking lot areas, and HVAC systemadjacent public sidewalks, removal of trash, maintenance of utility lines and exterior lighting on the Land. All such maintenance and repair shall keep the Leased Premises in a good state of repair and clean in a clean, safe, and sanitary condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, including without limitation the Americans with Disabilities Act, and will suffer no active, passive or permissive waste or injury thereof or theretoinsurance regulations. Tenant shall give Landlord prompt notice must make all .repairs, corrections, improvements or alterations necessitated by age, Xxxxxx's use, the elements or required pursuant to governmental order or mandate. Tenant expressly waives the benefit of any specific needed repairsstatute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Leased Premises in good order, replacements condition or maintenance repair. Any and all obligations that Landlord may incur under the operation and reciprocal easement agreement and any other agreements to which will (1) affect the exterior walls, exterior doors, windows Land may be subject as of the building, Commencement Date and any amendments thereto or modification thereafter shall become the structural parts sole obligation of Tenant during the initial term of the building, the roof of the buildingLease and any extensions thereof. If Tenant fails to perform its obligations under this Section 5, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies under another provision of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day periodthis Lease, Landlord may at its option (but shall not be deemed to have approved such plans and specifications. All Material Repairs to required to) enter upon the Leased Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within after ten (10) days following prior written notice to Tenant (except in the earlier case of an emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf and put the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargesame in good order, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expensecondition and repair, and the amount expended cost thereof, together with interest at 15% per annum (but in no event more than the maximum rate then allowable by Landlord, including reasonable attorney’s fees and costs, law) shall be become due and payable immediately as additional rental to Landlord together with interest thereon at Tenant's next rental installment. Except for the Interest Rate from the date obligations of Landlord under Section 19 (relating to condemnation of the payment Leased Premises), it is intended by the parties hereto that Landlord until have no obligation, in any manner whatsoever, to repair and maintain the Leased Premises or the equipment therein or any part thereof, whether s1IUctural or non-s1IUctural, all of which obligations are intended to be that of Tenant In no event shall Landlord receives payment from Tenant. If Tenant fails be obligated to comply with its maintenance, repair, pay for repairs or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to of any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date part of the payment by Landlord until Landlord receives payment from TenantLeased Premises.

Maintenance and Repairs by Tenant. Tenant shall(a) Tenant, at Tenant’s its sole cost and expense, promptly shall maintain the Premises in good order, condition and throughout the Term, maintain, repair, reasonable wear and replace the Premisestear excepted, including but not limited to electric light bulbs; interior surfaces of the roofceilings, parking lot walls and HVAC systemfloors; doors; window panes and frames; electrical wiring, in a good switches and clean condition comparable to other similar commercial buildings in fixtures; and all equipment and fixtures installed by or at the Las Vegas, Nevada metropolitan area, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or theretoexpense of Tenant. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”)use contractors approved by Landlord. Tenant shall provide not make any repair affecting the windows, doors, structure or utility systems of the Building without first notifying Landlord copies of plans and specifications for such Material Repairs, as required by Landlordin writing. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written After notice to from Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed have the right. (but not the obligation) to have approved make such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at repair on Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done forbehalf, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from expense of and for the date account of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant notice to do such acts as are reasonably required so to maintain the Premises. If Tenant fails to promptly commence such work and diligently prosecute it to completion, Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly upon demand therefor with interest at 18% per annum. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant as a result of performing any such work. Tenant expressly and irrevocably waives the benefit or applicability of any statute which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair. (b) Tenant shall give prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with its maintenance, repair, the covenants of this or replacement obligations any other article of this Lease. Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article shall not apply in the case of fire or other casualty which are dealt with elsewhere in this Section 5.3, Landlord may, in its sole discretion and in addition Lease. (c) Tenant shall be responsible for the cost of repairing all damage or injury to the Premises or to any other remedies provided hereinpart of the Building, perform said maintenanceand the systems and equipment thereof, repairwhether requiring structural or nonstructural repairs, which is caused by or results from carelessness, omission, neglect or improper conduct of Tenant, its agents, employees, invitees or licensees, or replacement. Any sums so paid by Landlordwhich arises out of any work, together with reasonable attorney’s fees and costslabor, shall be deemed service or equipment done for or supplied to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date or arising out of the payment by Landlord until Landlord receives payment from installation, use or operation of the Tenant’s property or equipment.

Maintenance and Repairs by Tenant. Tenant shall maintain the demised premises and any buildings, structures, facilities, improvements and appurtenances now or hereafter erected thereon in good order and repair, both inside and outside, structurally and nonstructurally, and keep the same and al parts thereof, including, without limiting the generality of the foregoing, foundations, walls, floors, roof, sidewalks, curbs, water and sewer connections, windows and other glass, plumbing, water, gas and electric fixtures, pipes, wires and conduits, heating, cooling and electrical and plumbing systems, elevators, boilers, machinery, fixtures, equipment, furnishings, facilities, appliances, roadways, walkways, parking areas and landscaping in, or on connected with the demised premises, in good, clean, healthful, and safe order and condition, all in accordance with applicable municipal and other governmental statutes rules, orders and regulations and ordinances and the direction of proper public officers, suffering no waste or injury, and shall, at Tenant’s 's sole expense, promptly make or cause to be made all needed repairs, replacements, renewals and additions, structural or otherwise, whether ordinary or extraordinary, foreseen or unforeseen, in and to any of the foregoing, all as may be necessary to maintain the value of the building and other improvements which comprise a portion of the demised premises throughout the Termlease term. All such repairs, maintainreplacements, repairrenewals and additions shall be of good quality and sufficient for the proper maintenance and operation of the demised premises and any buildings, structures, facilities, furnishings, equipment, fixtures, improvements and replace the Premises, including but not limited to the roof, parking lot appurtenances now or hereafter erected thereon and HVAC system, in a good shall be constructed and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, and installed in compliance with all applicable laws, requirements of all governmental authorities having jurisdiction thereof and will suffer no active, passive of the appropriate Board of Fire Underwriters or permissive waste or injury thereof or theretoany successor thereof. Tenant shall give Landlord prompt notice of not permit anything to be done upon the demised premises which would invalidate or prevent the procurement or any specific needed repairs, replacements or maintenance insurance policies which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as may at any time be required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs pursuant to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice provisions of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from Tenantlease.

Maintenance and Repairs by Tenant. Tenant shall maintain the Property and all buildings, structures, facilities, improvements and appurtenances now or hereafter comprising same in good order and repair, both inside and outside, structurally and nonstructurally, and keep the same and all parts thereof, including, without limiting the generality of the foregoing, foundations, walls, floors, roof, sidewalks, curbs, water and sewer connections, windows and other glass, plumbing, water, gas and electric fixtures, pipes, wires and conduits, heating, cooling and electrical and plumbing systems, elevators, boilers, machinery, fixtures, equipment, furnishings, facilities, appliances, roadways, walkways, parking areas and landscaping in, on or connected with the Property, in good, clean, healthful, and safe order and condition, all in accordance with applicable Laws and the direction of proper public officers and the terms of the Declaration, suffering no waste or injury, and shall, at Tenant’s 's sole expense, promptly make or cause to be made all needed repairs, replacements, renewals and additions, structural or otherwise, whether ordinary or extraordinary, foreseen or unforeseen, in and to any of the foregoing, all as may be 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 necessary to maintain the condition of the Property throughout the TermTerm and all in accordance with Sections 10, maintain11 and 17. All such repairs, repairreplacements, renewals and replace additions shall be of good quality and sufficient for the Premisesproper maintenance and operation of the Property and any buildings, including but not limited to the roofstructures, parking lot facilities, furnishings, equipment, fixtures, improvements and HVAC system, in a good appurtenances now or hereafter comprising same and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan area, shall be constructed and installed in compliance with all applicable laws, requirements of all governmental authorities having jurisdiction thereof and will suffer no active, passive of the appropriate Board of Fire Underwriters or permissive waste or injury thereof or theretoany successor thereof. Tenant shall give Landlord prompt notice not permit anything to be done upon the Property which would invalidate or prevent the procurement of any specific needed repairs, replacements or maintenance insurance policies which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as may at any time be required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs pursuant to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice provisions of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantLease.

Maintenance and Repairs by Tenant. Tenant tenant shall, at Tenant’s sole expenseits expense (and Landlord shall have no obligation), promptly keep and throughout maintain the Termentire Leased Premises, maintainboth Building and Land, repairin good order, condition and repair (as demonstrated by the condition of the Leased Premises at the beginning of the term hereof), including but not limited to maintenance and repair of all structural or load-bearing elements, roofs, walls, foundations, heating, ventilating and air conditioning systems, a building security and monitoring system, windows, walls, doors, electrical systems and equipment, mechanical equipment, plumbing and all other components of the Building, mowing of lawns, care and replacement of plantings, replacing, resurfacing and striping of walkways; driveways and parking areas, and replace adjacent public sidewalks, removal of snow 'and ice from the PremisesPremises and adjacent public sidewalks, removal of trash, maintenance of utility lines and exterior lighting on the Land, and any maintenance, repairs or replacements (or fees or reserves therefor) as may be required by any Covenant Documents. All such maintenance and repair shall keep the Leased Premises in a good state of repair and in a clean, safe, and sanitary condition and in compliance with all applicable laws and insurance regulations. Tenant must make all repairs, corrections, improvements or alterations necessitated by age, Tenant's use, the elements or required pursuant to governmental order or mandate, including but not limited to the roof, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings in Americans with Disabilities Act. Notwithstanding the Las Vegas, Nevada metropolitan areaforegoing, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or thereto. Tenant shall give Landlord prompt notice of any specific needed repairs, replacements or maintenance which will as long as (1) affect no notices have been received from any governmental authority as to the exterior walls, exterior doors, windows condition of the buildingLeased Premises, the structural parts of the building, the roof of the building, or the parking areas, or and (2) exceed Ten Thousand Tenant is keeping the teased Premises a condition that prevents waste to, the value of the same, Tenant shall be solely responsible for the day-to-day maintenance decisions for, and 00/100 Dollars activities upon, the Leased Premises,including but not limited to all lawn care, trash removal, painting and other cosmetic maintenance. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs, corrections,improvements or alterations at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Leased Premises in good order, condition or repair, or which would otherwise require Landlord to make repairs, corrections, improvements or alterations. Any and all obligations that Landlord or Tenant may incur under the Covenant Documents as defined in Section 49 and any other agreements to which the Land may be subject as of the Commencement Date and any amendments thereto or modification thereafter shall become the sole obligation of Tenant during the Term of the Lease and any extensions thereof. A.) on the date of invoice from Landlord to Tenant ($10,000.00but in no event more than the maximum rate then allowable by law) (collectively “Material Repairs”). Tenant "Default Rate") shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be become due and payable immediately as additional rental to Landlord together with interest thereon at Tenant's next rental installment. Except for the Interest Rate from the date obligations of Landlord under Section 19 (relating to condemnation of the payment Premises), it is intended by the parties hereto that Landlord until Landlord receives payment from have no obligation, in any manner whatsoever, to repair and maintain the Leased Premises the equipment therein or any part thereof, whether structural or non-structural, all of which obligations are intended to be that of,; Tenant. If Tenant fails In no event shall Landlord be obligated to comply with its maintenance, repair, for repairs or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date part of the payment by Landlord until Landlord receives payment from TenantLeased Premises.

Maintenance and Repairs by Tenant. Tenant shallshall take good care of the interior, at Tenant’s sole expense, promptly and non-structural portions of the Leased Premises throughout the Term, maintainmaintain and preserve same in as good a condition as delivered to Tenant on the Commencement Date, repairexcept for normal wear and tear and damage by fire or other casualty not caused by Tenant, and replace the Premisesbe responsible for all necessary repairs and replacements thereto, including but not limited other than those which it is Landlord’s obligation to the roof, parking lot and HVAC system, in a good and clean condition comparable to other similar commercial buildings in the Las Vegas, Nevada metropolitan areamake under Section 6.3 of this Lease, and in compliance with shall perform all applicable lawsrepairs and improvements required by any governmental law, and will suffer no activeordinance, passive rule or permissive waste regulation arising from Tenant’s specific use or injury thereof or theretomanner of use of the Leased Premises. Tenant shall give Landlord prompt notice of any specific needed repairsnot injure, replacements deface or maintenance which will (1) affect the exterior walls, exterior doors, windows commit waste of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”)Leased Premises. Tenant shall provide be responsible for all damage of any kind or character to the Building caused by Tenant or Tenant’s agents, contractors, customers, employees, invitees, licensees, servants or visitors or alterations performed by Tenant. If Tenant fails to commence any repairs to the Leased Premises and leasehold improvements within thirty (30) days after written notice from Landlord copies of plans to Tenant and specifications for thereafter diligently proceed with such Material Repairsrepair work until completion, as required Landlord may, at its option, make such repairs or any replacements deemed necessary by Landlord, and Tenant shall pay to Landlord on demand Landlord’s cost thereof plus a charge of five percent (5%) for administrative cost recovery. All repairs, alterations or additions that affect the Building’s structural components or the Building’s mechanical, electrical and plumbing systems or and repairs that are not within the Leased Premises for which Tenant is responsible under this Section 6.2 shall be made solely by Landlord or its contractor, at commercially competitive rates, and Tenant shall then have pay the costs incurred therefor thereof plus a charge of five percent (5%) for administrative cost recovery to Landlord within twenty (20) days after receipt demand, which demand shall include invoices from service providers, as Additional Rent. As of such plans the Commencement Date, notwithstanding anything contained in Section 8.1(a) of this Lease, Tenant, at its sole cost and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall be deemed to have approved such plans and specifications. All Material Repairs to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenantexpense, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten exclusively responsible for: (10a) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or operation (including, without limitation, any electricity charges associated with such operation) and replacement obligations of the existing self-contained glycol air conditioning system servicing the second (2nd) floor of the Building and the sixth (6th) floor portion of the Leased Premises; and (b) the removal thereof in the event Tenant decides to cease use of such system, which removal shall be in accordance with, and subject to, the provisions of Article 7 of this Section 5.3Lease. In the event Tenant ceases to use such system, Landlord mayTenant, in at its sole discretion cost and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costsexpense, shall be deemed exclusively responsible for all repairs and modifications to be additional Rent owing by Tenant the Leased Premises necessary for connecting the Leased Premises to Landlord the base Building heating, ventilation and air conditioning system, which shall be due made in accordance with, and payable immediately with interest thereon at ten percent (10%) per annum from subject to, the date provisions of Article 7 of this Lease. In the event of the payment removal of the self-contained system pursuant to the terms of this Section, Landlord agrees that the base Building chillers/cooling towers will provide sufficient capacity to include such square footage of the Leased Premises formerly supplied by Landlord until Landlord receives payment from Tenantthe existing self-contained system.

Maintenance and Repairs by Tenant. Except as provided in Section 6.01 hereof, Tenant shall, at Tenant’s sole 's expense, promptly at all times keep the Premises and throughout the Termappurtenances and every part thereto in good clean, maintainsanitary and safe order, condition and repair, and replace the Premisesincluding fixtures, including but not limited to the roofelectrical, plumbing, sewage systems, sidewalks, parking lot and landscaping, thereby waiving all rights to make repairs at the expense of Landlord as provided in Section 1942 of the Civil code of the State of California, and all rights provided for by Section 1941 of said Civil Code. Tenant shall replace all broken glass with glass of the same size and quality and on a quarterly basis maintain and repair HVACs. Any replacement of major parts or an entire HVAC systemunit shall be handled as follows: Upon determination of the need for replacement of parts or an entire unit, and the cost, Tenant shall notify Landlord of the extent and cost of the replacement, Tenant shall be responsible for the first $5000 of cost for each HVAC unit. The $5000 shall be cumulative from the beginning of the Lease Term, and shall continue through the option periods. The cumulative $5000 shall not include costs paid by Tenant for quarterly maintenance or minor repairs. If the replacement of parts or an entire unit exceeds the $5000 cap per unit, Landlord shall pay the difference between the actual cost and the $5000. Tenant shall, in a manner satisfactory to Landlord, paint the interior of the Premises when necessary to maintain at all times a clean and sightly appearance. In the event Tenant fails to perform any of its obligations as required hereunder, Landlord may, but shall not be required to, perform and satisfy same, with Tenant hereby agreeing to reimburse Landlord for the cost hereof promptly upon demand. Tenant shall make any and all additions, improvements, alterations, and repairs to or on the Premises (other than those required for the structural repair of the roof, or exterior walls), which may at any time during the Lease Term be required or recommended by any lawful authorities, insurance underwriters, inspection rating bureaus, or insurance inspectors designated by Landlord. Landlord may, but shall not be obligated to deal directly with any authorities respecting their requirements for additions, improvements, alterations or repairs. All such repairs shall be performed in a good and clean condition comparable workmanlike manner, up to other similar commercial buildings in the Las Vegascode. All such additions, Nevada metropolitan areaimprovements, and in compliance with all applicable laws, and will suffer no active, passive or permissive waste or injury thereof or theretoalterations thereto shall become immediately the property of Landlord. Tenant shall give Landlord prompt notice of any specific needed repairscomply with all county, replacements municipal, state, and federal laws and regulations including those relating to commercial banks, now in force or maintenance which will (1) affect the exterior walls, exterior doors, windows of the building, the structural parts of the building, the roof of the building, or the parking areas, or (2) exceed Ten Thousand and 00/100 Dollars ($10,000.00) (collectively “Material Repairs”). Tenant shall provide Landlord copies of plans and specifications for such Material Repairs, as required by Landlord. Landlord shall then have twenty (20) days after receipt of such plans and specifications to approve or reject the same by delivering written notice to Tenant. If Landlord fails to respond within such twenty-day period, Landlord shall hereafter may be deemed to have approved such plans and specifications. All Material Repairs in effect pertaining to the Premises shall be performed by Tenant using contractors or mechanics approved by Landlord in accordance with plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. Any mechanics’ or materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises arising out of work done for, or materials furnished to Tenant, shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorney’s fees and costs, shall be due and payable immediately with interest thereon at the Interest Rate from the date of the payment by Landlord until Landlord receives payment from Tenant. If Tenant fails to comply with its maintenance, repair, or replacement obligations in this Section 5.3, Landlord may, in its sole discretion and in addition to any other remedies provided herein, perform said maintenance, repair, or replacement. Any sums so paid by Landlord, together with reasonable attorney’s fees and costs, shall be deemed to be additional Rent owing by Tenant to Landlord and shall be due and payable immediately with interest thereon at ten percent (10%) per annum from the date of the payment by Landlord until Landlord receives payment from TenantPremises.