Common use of Maintenance by Landlord Clause in Contracts

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above’s Proportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord shall repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Parking Area and pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems adjacent to the Building. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the foundation, the footings, the floor slab, and the care for load bearing walls and exterior walls of the grounds around Building (excluding any glass and any routine maintenance, including, without limitation, any painting, sealing, patching and waterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the Buildingcontrary, including but not limited toLandlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the mowing Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of grassTenant or Tenant’s Agents and to restore the Premises, care the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingsuch damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord’s obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above’s Proportionate Share(s) of the cost and expense of the following items, Landlord shall repair and maintain the following: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Building maintenance Systems serving the Premises (excluding any specialty systems installed by or for Tenant); the exterior glass of the Building and routine maintenance, painting, sealing, patching and waterproofing of such the care for the grounds around exterior walls of the Building, including but not limited tothe Parking Areas and pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas and all other elements of the Common Areas. Subject to the Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, shall repair and maintain the following: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grassthe Building (excluding any glass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof routine maintenance, exterior repainting painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform such repair and restoration work, Tenant shall reimburse Landlord within thirty (30) days after demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall use reasonable efforts to report in writing to Landlord any defective condition known to it which Landlord is required to repair. In addition, Landlord shall perform and construct, at Landlord’s sole cost and expense, any repair, maintenance or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) improvement necessitated by the negligence or willful misconduct of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingLandlord or Landlord’s Agents.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain in good condition and repair the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) aboveProportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the care for following items: the grounds around roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the Building, including but not limited toexcluding the plumbing and electrical systems exclusively serving the Premises; and the Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord's obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof, including all roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings), the floor slabs, and the care for exterior walls (including any glass therein and including the grounds around painting thereof) of the Building; the utility and plumbing systems (including fountain and sewer lines), including but not limited to, fixtures and equipment located outside the mowing of grass, care of shrubs, general landscaping, maintenance of Building; and the parking areas, driveways landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Areas. Subject to the provisions of Paragraphs 21 and 22, roof maintenanceLandlord shall, at Landlord's sole cost and expense, maintain the structural integrity of the exterior repainting walls, the foundation, and common sewage line plumbingthe structural components of the roof, including any necessary repairs and/or replacements; provided, however, that any repairs or replacements which are required as a result of the negligence or willful misconduct of Tenant, its Agents or contractors, or as a result of Tenant's installation of any additional HVAC equipment or other equipment on the roof of the Building, shall be made at Tenant's expense. Landlord shall have not be required to repair any damage caused by, or maintain any conditions arising from, the right to require Tenant to pay such other reasonable proportion negligence or willful misconduct of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsibleits agents, employees, contractors or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentinvitees. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demandany defective condition known to Tenant that Landlord is required to repair. All work by and for Landlord shall be performed during normal working hours and not on weekends, as Additional Rentholidays, for or after normal working hours at overtime, holiday, or premium pay. Notwithstanding anything to the amount of its share of such costs contrary in this Lease, Landlord shall perform and expenses in the event Landlord elects construct, and Tenant shall have no responsibility to perform or cause construct, any repair, maintenance or improvements necessitated by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything to be performed such work. Such share the contrary herein, Landlord, at Tenant's request, shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof perform all repairs and repaintingreplacements that constitute Capital Expenditures (as defined in Paragraph 4(b)(5) above), provided that Tenant shall pay for the cost thereof to the extent such costs are properly included in Costs pursuant to the provisions of Paragraphs 4(b)(3), 4(b)(4) and 4(c)"1".

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord agrees to maintain, repair and replace, as necessary, the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings), the floor slabs, and the care for exterior walls (including any glass therein and including the grounds around painting thereof) of the Building; the utility and plumbing systems (including fountain and sewer lines), including but not limited to, fixtures and equipment located outside the mowing of grass, care of shrubs, general landscaping, maintenance of Building; and the parking areas, driveways landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Areas. Subject to the provisions of Paragraphs 21 and 22, roof maintenanceLandlord shall, at Landlord’s sole cost and expense, maintain the structural integrity of the exterior repainting walls, the foundation, and common sewage line plumbingthe structural components of the roof, including any necessary repairs and/or replacements; provided, however, that, subject to the provisions of paragraph 16, any repairs or replacements which are required as a result of the negligence or willful misconduct of Tenant, its Agents or contractors, or as a result of Tenant’s installation of any additional HVAC equipment or other equipment on the roof of the Building, shall be made at Tenant’s expense. Neither Landlord nor Tenant shall be obligated to repair any minor settlement cracks on walls or floor of the Premises and neither Landlord nor Tenant shall be responsible for minor leaking of any walls of the Building due to any minor settlement cracks or any porosity resulting therefrom. Subject to the provisions of paragraph 21, Landlord shall not be required to repair or maintain conditions due to any act, negligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord’s obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demand, as Additional Rent, any defective condition known to Tenant that Landlord is required to repair. All work by and for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to shall be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Yearduring normal working hours and not on weekends, administrative and accounting costsholidays, and a/5// reserve for asphaltor after normal working hours at overtime, roof repairs and repaintingholiday, or premium pay.

Maintenance by Landlord. Tenant and its 10.1 Except for any repairs necessitated by Tenant's (or Tenant's employees, customers and licensees contractors, agents or invitees) negligence or intentionally wrongful acts (for which Tenant shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingsresponsible at its sole cost), Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, at its sole expense, (except to the extent includible in lieu of CAM Expenses as provided hereinabove) make all structural repairs to the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance Premises and the care for the grounds around the BuildingShopping Center, including but not limited toto all repairs to the slab, the mowing of grassfoundation, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleysload bearing walls, roof maintenanceand any other structural members. In addition, Landlord shall, at its expense (unless herein expressly set forth as Tenant's expense): (i) keep the roof of the Premises free of leaks; (ii) maintain the underground and otherwise concealed utilities located within the Common Areas and the exterior repainting surface of the outside walls of the Premises and common sewage line plumbingthe Shopping Center, excluding window glass, plate glass and doors (unless damage to such glass or doors is caused by a structural shift); provided(iii) keep in good order, howevercondition and repair the down spouts and gutters of the Premises and the Building of which the Premises is a part; and (iv) maintain all fire protection systems in the Common Areas. Notwithstanding any provision of this Lease to the contrary, that (a) in the event of an emergency or (b) in the event Landlord fails to commence any maintenance or repair of the Premises required under this Paragraph 10.1 within ten (10) business days after written notice from Tenant or fails to complete such maintenance and repair within thirty (30) days after such notice, (but if such repair reasonably requires longer than 30 days, then Landlord shall have such additional period of time provided Landlord's repair is being diligently and continuously prosecuted), then in either of such events Tenant shall have the right (but not the obligation) to require perform Landlord's maintenance and repair obligations under this Paragraph 10.1 , and Landlord shall reimburse Tenant for the reasonable out-of-pocket costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor. Notwithstanding the foregoing, Tenant shall reimburse Landlord Tenant's Building Proportionate Share of the cost to pay such other reasonable proportion of said mowing, shrub care (i) repair and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant maintain the roof of the Building can be clearly identified as being responsible for obstruction or stoppage of after the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent tenth (5%1Oth) of the Rent for each Lease Year, administrative excluding the gutters and accounting costsdown spouts, and a/5// reserve for asphalt(ii) the annual amortized cost of any roof replacements to the Building after the fifteenth (15th) Lease Year, such amortization to be based upon the useful life of the roof (based on generally accepted accounting principles). 10.2 The terms and conditions of Articles 24 and 25 shall control with respect to repairs and repaintingor maintenance required due to casualty or condemnation, respectively.

Maintenance by Landlord. Tenant and its employeesSubject to Article XI hereof, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of at all times throughout the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsTerm, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost maintain and expense of Building maintenance and the care for the grounds around the Buildingrepair, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed maintained and repaired, as would a prudent owner of a reasonably similar building, the structure of the Building including, without limitation, the foundations, exterior wall assemblies including weather walls, subfloor, roof, bearing walls, and structural columns and beams of the Building. The cost of such work. Such share maintenance and repairs (except for the cost of repairing and replacing any inherent structural defects or weaknesses) shall include be included in Section 6.02(b)(viii) or shall be depreciated or amortized pursuant to Section 6.02(b)(ix) hereof, unless the Landlord is required, due to the business carried on by the Tenant, to perform such maintenance or make such repairs by reason of the application of laws or ordinances or the direction, rules or regulations of any duly constituted regulatory body, or by reason of any act, omission to act, neglect or default of the Tenant, or those for whom the Tenant is in law responsible, in which event the Tenant shall be liable and responsible for the total cost of any such maintenance and repairs plus a management fee sum equal to five fifteen percent (515%) of the total cost of such repairs representing the Landlord's overhead, which shall immediately become due and payable to the Landlord as Additional Rent upon demand. Notwithstanding the Landlord's obligations contained in this Section 10.03, the Tenant shall be liable and responsible for each Lease Yearthe cost of any maintenance and repairs required to be made by the Landlord and which result from any of the circumstances referred to in the immediately preceding sentence plus a sum equal to fifteen per cent (15%) of the total cost of the foregoing representing the Landlord's overhead. If the Tenant refuses or neglects to carry out any maintenance, administrative repairs and accounting costsreplacements properly as required pursuant to Section 10.01 hereof, and a/5// reserve for asphaltto the reasonable satisfaction of the Landlord, roof the Landlord may, but shall not be obliged to, perform such maintenance, repairs and repaintingreplacements without being liable for any loss or damage that may result to the Tenant's merchandise, fixtures or other property or to the Tenant's business by reason thereof, and upon completion thereof, the Tenant shall pay to the Landlord the Landlord's costs relating to any such maintenance, repairs and replacements plus a sum equal to fifteen percent (15%) thereof representing the Landlord's overhead, as Additional Rent upon demand. If any elevator servicing the Building or any of the boilers, engines, pipes, climate control equipment or other apparatus or any of them used for the purpose of climate control or operating any elevator, or if the water pipes, drainage pipes, electrical, lighting or other equipment servicing the Building are damaged or destroyed or get out of repair, the Landlord shall have a reasonable time in which to make such repairs or replacements as may be reasonably required for the resumption of services to the Premises which the Landlord has by this Lease expressly agreed to provide and the Tenant is not entitled to any compensation or damages therefor, but if any such equipment, facilities or systems servicing the Building or elevators become impaired, damaged or destroyed in the circumstances referred to in Section 10.06, the Tenant shall be responsible for the cost of repairing, restoring or making good such damage in accordance with the provisions of Section 10.06.

Maintenance by Landlord. Tenant and its employees, customers and licensees Landlord shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, at Landlord's expense (subject to such Section 7.4 above) keep the foundation, the structural elements of all exterior walls and the roof of the Premises in good repair, reasonable rules wear and regulations as Landlord may from time to time prescribetear excepted. FurtherAs used in this Lease, in multiple occupancy buildingsthe term "exterior walls" shall specifically exclude: plate glass; windows, Landlord shall perform the roofdoors and other exterior openings; dock bumpers, pavingdock plates or levelers; office entries or store fronts; window and door frames, closure devices, locks and landscape maintenancehardware; interior lighting, exterior heating, air-conditioning, plumbing and other electrical, mechanical and electromotive installation equipment and fixtures; signs, placards, or other advertising media of any type; and interior painting and common sewage line plumbing or other treatment of interior walls, all of which are otherwise to be maintained, repaired and replaced by Tenant or at Tenant's obligations under Subsection 2.2.2(a) abovesole cost, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord will be responsible for performing adequate preventative maintenance on the HVAC (as defined below) for the Premises, subject to the provisions of Article XVIII, Article XIX, and Article XXIII of this Lease. Landlord, however, shall have not be required to make any repairs or replacements occasioned by (a) the right to require failure of Tenant to pay such perform its obligations under this Lease or (b) the act or negligence of Tenant, its agents, employees, subtenants, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant's installation, replacement or maintenance of air-conditioning equipment or any other reasonable proportion of said mowingroof penetration or placement), shrub care and general landscaping costs as may be determined by Landlord provided that if Landlord, in its sole discretion; , determines to make such repairs or replacements, Landlord shall have no liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs or replacements and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional RentRent hereunder, for the amount of its share cost of such costs and expenses repairs or replacements plus a one-time charge in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee an amount equal to five ten percent (510%) of the Rent cost of any such repair or replacement required to be made by Tenant which Tenant, after notice and an opportunity to cure, failed to complete, in order to compensate Landlord for each Lease Year, its administrative and accounting costsother overhead expenses. If the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord, and a/5// reserve for asphaltLandlord shall have a reasonable time after receipt by Landlord of such written notice in which to make such repairs. Tenant waives the right to make repairs at Landlord's expense under any applicable Laws. Notwithstanding the foregoing provisions of this Section 11.1, if, during the Lease Term, Landlord’s roofing consultant recommends that Landlord replace the roof repairs membrane, Landlord will perform such work and repaintingreplace such roof at Landlord’s sole cost and expense and shall not include the cost thereof in Operating Costs. Landlord shall keep the Premises and all parking areas, driveways, sidewalks, landscape areas, service-ways and loading areas adjacent to the Premises neat, clean and free from dirt, rubbish, ice or snow at all times. Landlord shall maintain and keep in good working order, condition and repair, during the term of this Lease, as the same may be extended, all structural portions of the Building/Project, including the foundation, roof, exterior walls, stairwells, columns, and beams (collectively, “Building Structure”) and the mechanical, electrical, life safety, plumbing, and sprinkler systems that do not exclusively serve the Premises (collectively, “Building Systems”). In addition, Landlord shall maintain and keep in good working order, condition and repair (including snow/ice removal) all Common Areas during the term, as the same may be extended.

Maintenance by Landlord. Tenant This Lease is intended to be a net lease. Subject to Section 6 above and its employees, customers Sections 10 and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings11 below, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, at Landlord’s sole cost, repair any latent defects in lieu of Landlord’s Work; the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsforegoing obligation shall not at any time ever include any TI Work, be liable for its proportionate share Tenant’s Work (as defined in Subsection 2.2.1(b) above) Section 3 of the Work Letter), or Alterations, except in the event any defects in the original construction of the Building or Landlord’s Work caused the necessity for repairs. In addition, Landlord shall maintain, repair and replace (as needed), as part of Operating Expenses, only the following elements of the Project including the Premises, except to the extent maintained by an owners’ association: (i) the Building Structure; (ii) the Building Systems which do not exclusively serve the Premises or another tenant’s premises; and (iii) the Common Areas outside the Premises, including landscaping and parking areas but not including the maintenance and repair of electrical vehicle charging stations which shall be Tenant’s responsibility pursuant to Section 8.2 below. Notwithstanding the foregoing, subject to Section 9.5 below, maintenance, repairs and/or replacements necessitated in any material respect by any breach by Tenant or any negligent act or omission of Tenant or Tenant’s agents, employees or contractors, shall be performed at Tenant’s cost and expense expense. Landlord’s obligations hereunder shall not include windows, glass or plate glass, doors or overhead doors, dock bumpers, dock plates or levelers, or office entries, all of Building maintenance and the care for the grounds around the Buildingwhich shall be maintained by Tenant. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 8.1, including but after which Landlord shall have a reasonable opportunity to repair such item, not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingto exceed thirty (30) days; provided, however, that if such repair is reasonably expected to take longer than thirty (30) days, Landlord shall be deemed to have complied with its obligations hereunder so long as it commences the repair within such thirty (30)-day period and diligently and continuously prosecutes such repair to completion. Tenant hereby waives the benefit of California Civil Code Sections 1941 and 1942, and any other statute providing a right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof make repairs and repaintingdeduct the cost thereof from the Rent.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) aboveProportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the care for Building; and the grounds around Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the BuildingCommon Areas. Subject to the provisions of Paragraphs 13(a), including but not limited to21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith; provided, further that if any of said costs are covered by any policy of insurance maintained by Landlord pursuant to be performed Paragraph 14 below, then Landlord shall submit a claim under the applicable policy and shall, solely to the extent of proceeds actually received by Landlord under such work. Such share shall include a management fee equal to five percent (5%) of the Rent policy, reimburse Tenant for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.the

Maintenance by Landlord. Tenant and its employees(a) Landlord must, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenantat Landlord's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the sole cost and expense of Building maintenance expense, repair, maintain (and replace, when necessary) the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleysfoundation, roof maintenanceand other structural elements of any building located on the Premises so that at all times they are in good condition, exterior repainting reasonable wear and common sewage line plumbingtear excepted; provided, however, that Landlord Tenant (not Landlord) shall have be responsible for any damage to such items caused by Tenant's negligence, including, without limitation, Tenant's improper installation of signage. (b) Prior to the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant first anniversary of the Building can Effective Date of this Lease, Tenant shall cause to be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenantinstalled a roofing system by a contractor reasonably acceptable to Landlord, if Tenant is responsible, or such other responsible tenant, which roofing system shall pay the entire cost thereof, upon demand, as additional rentprovide an ER systems 10 year manufacturer's warranty enforceable by Landlord. Tenant shall pay/4// when due its share, determined as aforesaid, of such be responsible for all costs and expenses along associated therewith, but may utilize funds from the Roof Funds Escrow in connection therewith. Prior to retaining a contractor to perform such work, Tenant shall supply Landlord with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share a copy of such contractor's estimate showing in reasonable detail the work to be performed and the estimated costs and expenses in associated therewith, which must be approved by Landlord prior to Tenant retaining such contractor, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall keep Landlord reasonably apprised of the event Landlord elects to perform or cause contractor selection process, the anticipated work schedule, the progression of the work to be performed and any information that becomes known to Tenant that could reasonably be expected to increase the estimate approved by Landlord, and Tenant shall promptly respond to Landlord's reasonable requests for updates and other information related thereto. Tenant's performance of such workinstallation must satisfy the requirements for approved "Alterations" under the last two sentences of Section 6.4 below. Such share The portion of the Roof Escrow Funds not actually utilized to install such roofing system shall include a management fee be returned to Landlord on the earlier of (i) within thirty (30) days after such installation is completed and (ii) the first anniversary of the Effective Date (in which case the Base Rent payable to Landlord on the first anniversary of the Effective Date shall be increased by an amount equal to five percent (5%) the difference between the Roof Escrow Funds and the actual cost of installing such roof system). Tenant agrees to provide Landlord with a reasonably detailed invoice and related supporting documentation evidencing the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingcost of installing such roofing system pursuant to this section.

Maintenance by Landlord. Tenant Landlord shall maintain, repair and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, replace (as may be designated by necessary) the structure and the mechanical systems of the Building and the Premises excluding any mechanical and utility systems which are Tenant’s obligation per Section 8B below, and shall be responsible for structural repairs to the roof, exterior walls, structural columns and structural floors which collectively enclose the Premises (excluding, however, all doors, door frames and any glass therein); provided (i) Tenant shall give Landlord in writing, subject to written notice of the necessity for such reasonable rules repairs and regulations as Landlord may from time to time prescribe. Further(ii) the necessity for such repairs shall not have arisen, in multiple occupancy buildingswhole or in part, from the negligence or willful acts or omissions of Tenant, its agents, concessionaires, officers, employees, licensees, invitees or contractors (“Tenant Parties”), or from any breach of this Lease by Tenant. To the extent that Landlord is required to perform any work as set forth in the foregoing sentence, said costs shall be included in Tenant’s Operating Expenses. In addition, Landlord shall perform be responsible to maintain the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu areas of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the BuildingProperty, including but not limited to, the mowing of grasscleaning, care of shrubs, general landscaping, maintenance of parking shoveling and plowing the common areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord included in Tenant’s Operating Expenses. Tenant shall have the right to require Tenant to pay such other reasonable proportion of said mowingcontract directly with cleaning services and trash removal for the Premises, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along services are performed in a manner reasonably commensurate with the Building, in labor harmony with other service providers in the Building, and in manner so as not to interfere with other tenants of the Building Building. In the event that Tenant does not elect to hire its own cleaning services and trash removal for the Premises, Landlord upon demand, shall provide nightly cleaning and trash removal for the Premises at Tenant’s sole cost and expense as Additional Rent. The foregoing services, whether performed by Tenant’s service or provided by Landlord, shall be in accordance with prevailing standards for buildings similar to the amount of its share of such costs and expenses Building in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease YearNew Haven, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingCT.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate ’s share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items (other than the Structural Items (as defined below) for which Landlord shall be solely liable and with respect to which no Additional Rent shall be paid by Tenant), Landlord agrees to repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings), the floor slabs, and the care for exterior walls (including any glass therein and including the grounds around painting thereof) of the Building; the utility and plumbing systems (including fountain and sewer lines), including but not limited to, fixtures and equipment located outside the mowing of grass, care of shrubs, general landscaping, maintenance of Building; and the parking areas, driveways landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Area. Subject to the provisions of Paragraphs 21 and 22, Landlord shall maintain, repair, or replace for structural integrity the load bearing part of exterior walls, the foundation, and the structural components of the roof maintenance(collectively, exterior repainting the “Structural Items”) (providing that Tenant installs no additional air conditioning or other equipment on the roof that damages these components). Notwithstanding the foregoing or anything to the contrary contained herein, Landlord shall be solely responsible for the cost of maintaining, repairing and common sewage line plumbing; providedreplacing the Structural Items and the cost thereof shall not be included as a Maintenance and Repair Cost or otherwise paid by Tenant as Additional Rent hereunder. Landlord shall not be obligated to repair minor settlement cracks on walls or floor of the Premises. Landlord shall not be responsible for minor leaking of any walls of the Building due to minor settlement cracks or porosity due thereto or as a result of porosity thereof. Landlord shall not be required to repair or maintain conditions due to any act, howevernegligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord’s obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demand, as Additional Rent, any defective condition known to Tenant that Landlord is required to repair. All work by and for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to shall be performed such work. Such share shall include during normal working hours and not on weekends, holidays, or after normal working hours at overtime, holiday, or premium pay unless Tenant agrees to pay any overtime or additional costs incurred as a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingresult thereof.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 20 and its employees21, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Proportionate Share of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof, including the structural components thereof and the care for roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the grounds around roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the foundation, the footings, the floor slab, and the load bearing walls and exterior walls of the Building; the Systems serving the Premises and the Building (provided, that Tenant acknowledges that Landlord shall have no obligation to repair, maintain or replace the Server Room HVAC Unit); and the walkways and lighting systems in the Common Areas. Notwithstanding anything in this Paragraph 12 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises and/or the Building caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises and/or the Building, including but not limited toas applicable, to the mowing condition existing prior to the occurrence of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingsuch damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord’s obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. In the event the Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting painting, (8) and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; (9) and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentAdditional Rent. Tenant shall pay/4// pay when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%10) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting,.

Maintenance by Landlord. Tenant Landlord shall keep and maintain the Property, including, without limitation, the Premises, and its employeesstructures and systems in good condition, customers order and licensees shall have repair, and replace as necessary, consistent with Class A office buildings in Richmond, Virginia throughout the non-exclusive right to use Term of the Lease, including without limitation the Building, and all fixtures and other improvements; equipment; loading docks; bollards; bumpers; roof drains; exterior and interior walls; foundations; footings; ceilings; floors and flooring; entrance ways; interior and exterior doors; plate glass and other windows and window treatments; lighting fixtures; fire extinguishers, fire suppression systems and other life safety systems; all heating, ventilating and air conditioning (“HVAC”) units servicing the Premises and the Common Areas and related components; all plumbing, electrical and gas equipment, fixtures, systems and facilities located on or serving the Premises and the Common Areas; all other mechanical equipment and systems located on or serving the Premises; and all Common Areas, including, without limitation, the Building’s Patio along Grace Street, the Building Lobby, all sidewalks, parking areas, if anydriveways, as may be designated by Landlord in writingfences, subject stormwater retention facilities and landscaping, and all other portions of the Building and/or Land not leased to such reasonable rules a specific tenant, including, without limitation, snow removal from sidewalks and regulations as Landlord may from time to time prescribeother Common Areas. Further, in multiple occupancy buildings, Landlord shall perform at all times shall maintain the roofPremises and Common Areas in a clean, pavingsanitary and orderly condition and free from accumulations of trash or rubbish. Landlord shall be responsible for keeping the Building’s roof in good order and repair and water tight, replacing as necessary, and landscape maintenancekeeping drains, gutters, downspouts, foundation, subfloors, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) abovedemising walls, exterior windows and Tenant shall, in lieu all other structural elements of the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsBuilding located on the Premises. Landlord, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the at Landlord’s sole cost and expense of Building maintenance and expense, shall maintain the care generator for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have not be liable for any maintenance, repair or replacement necessitated by Tenant’s gross negligence or willful misconduct. If Xxxxxx becomes aware of any condition that is Landlord’s responsibility to maintain pursuant to this Section 7(b), Tenant may notify Landlord of the right condition, and Landlord shall complete maintenance necessary to correct such condition within ten (10) days from Tenant’s provision of notice, or, within thirty (30) days if Landlord demonstrates completion of the maintenance would reasonably require Tenant to pay such other reasonable proportion of said mowingmore than ten (10) days. If Tenant, shrub care and general landscaping costs as may be determined by Landlord in its sole reasonable discretion; , determines a condition that is Xxxxxxxx’s responsibility to maintain must be maintained or partially maintained due to an emergency (i.e., a broken water line for which Landlord would otherwise be responsible and further that presents an immediate threat to Tenant’s furniture, fixtures and equipment) prior to expiration of the period by which Landlord must remedy such condition, and provided that Tenant has given notice to Landlord of such condition and Landlord has not commenced such maintenance, Tenant may, but shall not be obligated to, perform whatever maintenance it deems necessary to ensure continuity in its operations on the Premises, but only to the extent necessary to eliminate the emergency situation and such maintenance shall not exceed $50,000.00 in the aggregate per emergency situation. If Landlord fails to timely comply with any of its obligations under this Section 7(b) and/or if Tenant or elects to perform any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line such emergency maintenance, then Tenant, if Tenant is responsibleat its sole option and by written notice to Landlord, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building may proceed to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform make or cause to be performed made the repair or replacement at Landlord’s expense and Landlord shall pay to Tenant such workamount within thirty (30) days after written request therefor accompanied with supporting documentation. Such share shall include If Landlord fails to reimburse Tenant within thirty (30) days of Xxxxxx’s demand including written receipts and paid invoices, the costs may be applied as a management fee equal to five percent (5%) of the credit against Base Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingunder this Lease.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right Landlord covenants to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform maintain or cause to be performed maintained only the foundations, roof and exterior demising walls of the Premises, and the structural soundness of the Premises and to maintain the concrete floors and exterior and demising walls thereof and, the Common Areas in good order, repair and condition. Landlord shall not be required to commence any such workrepair until ten (10) days after receipt of written notice from Tenant that the same is necessary unless an emergency exists, The provisions of this paragraph shall not apply in the case of damage or destruction by fire or other casualty or a taking under the power of eminent domain, in which events the obligations of the Landlord shall be controlled by the Articles of this Lease dealing therewith. Such share Landlord shall include a management fee equal not be liable for any damage caused by Landlord’s failure to five repair unless and until Landlord has had reasonable opportunity to perform such repair after receipt of written notice from Tenant as to the need for such repair. If Landlord is required to make repairs to the Premises by reason of Tenant’s acts, omissions or negligence or if Tenant refuses or neglects to repair as required hereunder to the reasonable satisfaction of Landlord, Landlord may make such repairs without liability to Tenant for any loss or damage that may occur to Tenant’s merchandise, fixtures or other property or to I Tenant’s business by reason thereof. Tenant shall be obligated forthwith upon demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all expenses paid and/or incurred by Landlord in making such repairs, plus eight percent (58%) of such expenses for overhead and supervision, plus also Interest on the Rent for each aggregate sum owing by 1 enant to Landlord as aforesaid from the date of payment at the rate set forth in section 3.06 hereof. RM:6995119:7 Village Center Lease YearAgreement Initials: L: , administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.T:

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain in a reasonable condition and repair the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. During the Lease Term, Landlord, at its cost and expense (and not to be charged back to Tenant as Additional Rent), shall provide all necessary repairs and replacements to the structural elements of the Building and the Improvements including, and limited to the foundation, exterior and load-bearing walls (excluding painting), the floor slab, the roof structure and membrane of the Building, subsurface and sub-slab utilities (collectively, the “Structural Elements”), other than routine maintenance and upkeep of such Structural Elements; provided that Landlord shall not be responsible for making any repairs or replacements which are occasioned by: (i) any negligence, intentional act, or willful misconduct of Tenant or its employees, customers contractors, or agents; (ii) Tenant’s failure to observe or perform any term, condition, or covenant of this Lease to be observed or performed by Tenant; (iii) installation or maintenance by Tenant of any exterior signs, satellite dishes, antennae, communications facilities, or equipment, lines, or cable; (iv) installation or maintenance by Tenant of any trade fixtures, equipment, or other personal property; (v) Tenant making any alterations or improvements to the Leased Premises; all of which repairs and licensees replacements shall have be made promptly by Tenant at its cost and expense; or (vi) overloading of the non-exclusive right floor of the Building beyond its structurally rated capacity. In addition to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingsforegoing, Landlord shall perform represents, warrants and covenants that the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share Building Systems (as defined below) installed pursuant to the Landlord’s Work shall be guaranteed against defects in Subsection 2.2.1(bmaterials or workmanship by Landlord for one (1) above) of year from the Substantial Completion Date (the “One Year Building Systems Warranty”). Landlord agrees to provide, at its cost and expense of Building maintenance (and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require be charged back to Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent), for the amount of its share all materials and labor necessary to cure any breach of such costs and expenses in One Year Building Systems Warranty so long as Landlord is provided written notice of such breach prior to the event Landlord elects to perform or cause to be performed expiration of such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingOne Year Building Systems Warranty.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writingshall, subject to such reasonable rules reimbursement as part of Expenses, repair and regulations maintain (i) the structural portions of the roofings and the roof coverings of the Buildings or any part thereof; (ii) the Systems (excluding any specialty systems installed by or for Tenant); (iii) the Parking Areas, including all costs of resurfacing and restriping the Parking Areas, walkways, driveways, curbs, lighting systems, and security services; (iv) the San Diego Facility, including signs and directories on the Building or the Land, interior and exterior landscaping (including maintenance Contracts and fees payable to landscaping consultants), amenities, interior sprinkler systems, walkways, lighting systems, and security services; (v) window glass replacement and repair; (vi) machinery, tools, and equipment used in connection with the operation or maintenance of the Buildings; and (vii) the foundation, the footings, the floor slabs, and the load-bearing walls and exterior walls of the Buildings or any part thereof. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1941 and 1942 of the California Civil Code, or any similar or successor Laws now or hereinafter in effect. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord may from time and Tenant as set forth on Exhibit E attached hereto. The maintenance obligations allocated to time prescribeTenant pursuant to Exhibit E (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. FurtherThe Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in multiple occupancy buildingsform and substance reasonably satisfactory to Landlord, with copies to Landlord, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. During any period where Tenant is responsible for the Tenant Maintenance Obligations as provided for in this paragraph, Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall perform not include the roof, pavingright or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue to be responsible, as part of Expenses, for capital repairs and replacements required, in lieu Landlord’s reasonable discretion, to be made to the San Diego Facility. If Tenant fails to maintain any portion of the obligations set forth under Subsection 2.2.2(a) above with respect Premises in a manner reasonably acceptable to such itemsLandlord within the requirements of this Lease, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right right, but not the obligation, to require provide Tenant with written notice thereof and to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that assume the Tenant Maintenance Obligations if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then does not cure Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, ’s failure within 10 days after receipt of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingnotice.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises, any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all reasonable costs and expenses incurred by landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingit which Landlord is required to repair.

Maintenance by Landlord. Tenant Landlord will keep and maintain in good condition and repair the structural components of the Building and the Building systems, including the roof, foundation, electrical, plumbing, HVAC, mechanical, and fire and life safety systems in the Building (with respect to utilities, up to the point of entry to the Premises), exterior windows and Common Areas, and all costs incurred by Landlord in making any such repairs or maintenance will be, to the extent permitted under the definition of Operating Costs under this Lease, reimbursable to Landlord as Operating Costs of the Building. Notwithstanding the foregoing, the cost of performing any such maintenance and repairs as may be required by reason of the acts of Tenant, its employees, customers agents, invitees, licensees and licensees shall contractors will be paid by Tenant, at its sole expense. When used in this paragraph, the term “repairs” will include replacements or renewals when necessary, and all such “repairs”, whether made by Landlord or Tenant, will be made by a qualified contractor and will be equal in quality and class to the original work. Landlord will have no obligation to perform any act that is the non-obligation of Tenant or any other tenant in the Building. Other than as specifically provided in this Section, Landlord will not be obligated to make any repairs or improvements of any kind, in, upon, about or to the Premises or the Building. Tenant will, upon the discovery of any defect in or injury to the Building or any need of repairs thereto, promptly report the same to Landlord in writing specifying such defect, injury or need of repair Landlord reserves the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Furtherto install, use, maintain, repair, replace and relocate pipes, ducts, conduits, cables, wires, vents and appurtenant fixtures, to and through the Premises and to alter or relocate any other facility in multiple occupancy buildings, the Building as Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care deems reasonably necessary or appropriate for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, proper operation and maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage (including the servicing of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsBuilding), and a/5// reserve for asphaltreserves the right at all times to transmit water, roof repairs heat, air-conditioning, electronic signals and repaintingelectric current through such pipes, ducts, conduits, cables, plumbing, vents and wires, provided the same does not unreasonably interfere with Tenant’s use or occupancy of and access to the Premises or parking.

Maintenance by Landlord. Tenant Landlord will keep and maintain in good condition and repair the structural components of the Building and the Building systems, including the roof, foundation, electrical, plumbing, HVAC, mechanical, and fire and life safety systems in the Building (with respect to utilities, up to the point of entry to the Premises), exterior windows and Common Areas, and all costs incurred by Landlord in making any such repairs or maintenance will be, to the extent permitted under the definition of Operating Costs under this Lease, reimbursable to Landlord as Operating Costs of the Building. Notwithstanding the foregoing, the cost of performing any such maintenance and repairs as may be required by reason of the acts of Tenant, its employees, customers agents, invitees, licensees and licensees shall contractors, will be paid by Tenant, at its sole expense. When used in this paragraph, the term “repairs” will include replacements or renewals when necessary, and all such “repairs”, whether made by Landlord or Tenant, will be made by a qualified contractor and will be equal in quality and class to the original work. Landlord will have no obligation to perform any act that is the non-obligation of Tenant or any other tenant in the Building. Other than as specifically provided in this Section, Landlord will not be obligated to make any repairs or improvements of any kind, in, upon, about or to the Premises or the Building. Tenant will, upon the discovery of any defect in or injury to the Building, or any need of repairs thereto, promptly report the same to Landlord in writing specifying such defect, injury or need of repair Landlord reserves the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Furtherto install, use, maintain, repair, replace and relocate pipes, ducts, conduits, cables, wires, vents and appurtenant fixtures, to and through the Premises and to alter or relocate any other facility in multiple occupancy buildings, the Building as Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care deems reasonably necessary or appropriate for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, proper operation and maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage (including the servicing of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsBuilding), and a/5// reserve for asphaltreserves the right at all times to transmit water, roof repairs heat, air-conditioning, electronic signals and repaintingelectric current through such pipes, ducts, conduits, cables, plumbing, vents and wires, provided the same does not unreasonably interfere with Tenant’s use or occupancy of and access to the Premises or parking.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b2.2.1 (b) above) of the cost and expense of Building maintenance and the tn care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// pay/4/ when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// a/5/ reserve for asphalt, roof repairs and repainting.

Maintenance by Landlord. Subject to the provisions of Paragraphs 21 and 22, Landlord shall, at Landlord’s sole cost and expense, maintain the structural integrity of the exterior walls, load-bearing walls, foundation, and roof of the Building, including any necessary repairs and replacements (provided, however, that Tenant shall be responsible for the cost of repairing any damage to that roof that is caused by Tenant’s installation of any HVAC or other equipment on the roof). Subject to the provisions of Paragraphs 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its ’s respective proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord shall repair and maintain the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; coverings (provided, however, that Tenant shall be responsible for the cost of repairing any damage to that roof coverings that is caused by Tenant’s installation of any HVAC or other equipment on the roof), the floor slabs, and the exterior walls of the Building (including any glass therein and including the painting thereof); the utility and plumbing systems (including fountain and sewer lines), fixtures and equipment located outside the Building; and the parking areas, landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and lighting systems in the Outside Areas. Landlord’s obligation to maintain the exterior walls of the Building shall include maintaining the Premises in a weather-tight condition. Landlord shall not, however, be obligated to repair minor settlement cracks in the walls or floors of the Premises. Landlord shall not be required to repair or maintain conditions due to any act, negligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord’s obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demand, as Additional Rent, any defective condition known to Tenant that Landlord is required to repair. All work by and for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to shall be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Yearduring normal working hours and not on weekends, administrative and accounting costsholidays, and a/5// reserve for asphaltor after normal working hours at overtime, roof repairs and repaintingholiday, or premium pay.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have further subject to Tenant's obligation under Paragraph 4 to reimburse Landlord, in the non-exclusive right to use form of Additional Rent, for Tenant's Proportionate Share of the parking areas, if anyProject and the Building, as may be designated by Landlord in writingapplicable, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the care for following items: exterior glass, windows, window frames and casements, exterior doors and door frames and door closers; the grounds around roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the Building, including but not limited toexcluding the heating, ventilating and air conditioning, plumbing, electrical and life safety systems exclusively serving the Premises; and the Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord's obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1 and its employeesSection 25, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the following items: fire protection services (including without limitation, sprinkler systems)(the "Fire Protection Services"); the roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems (including without limitation, the heating, ventilation and air conditioning systems (collectively, the "HVAC Systems")) serving the Building; any rail spur and rail crossing; exterior painting of the Building; and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to Landlord any defective condition known to it which Landlord is required to repair, and failure to so promptly report after discovery of any such defect shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such condition. Tenant acknowledges and agrees that Tenant has requested that Landlord repair and maintain the HVAC Systems and Landlord has agreed to do so subject to the following provisions. Tenant on its own behalf and on behalf of its agents, members, partners, employees, representatives, related and affiliated entities, successors and assigns hereby agrees that each of Landlord and Landlord's Indemnitees shall be, and are hereby, fully and forever released and discharged from and against all damages or cause losses to Tenant's Property, whether direct or indirect, known or unknown, foreseen or unforeseen, that may arise on account of or in any way be performed such work. Such share shall include a management fee equal to five percent (5%) connected with the repair, maintenance, performance or condition of the Rent HVAC Systems or the Fire Protection Services (collectively, "HVAC Claim"), including, without limitation, any HVAC Claim or matter relating to or arising from any loss or damage to Tenant's Property. Tenant hereby waives and agrees not to commence any action, legal proceeding, cause of action or suits in law or equity, of whatever kind or nature, directly or indirectly, against Landlord or Landlord's Indemnitees or their agents in connection with any HVAC Claims and expressly waives the provisions of Section 1542 of the California Civil Code which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR and all similar provisions or rules of law as the same may apply to any HVAC Claim. Tenant elects to and does assume all risk for such HVAC Claims heretofore and hereafter arising, whether now known or unknown by Tenant. Landlord has given Tenant material concessions regarding this transaction in exchange for Tenant agreeing to the provisions of this Section 11.2. Landlord and Tenant have each Lease Year, administrative initialed this Section 11.2 to further indicate their awareness and accounting costs, acceptance of each and a/5// reserve for asphalt, roof repairs and repaintingevery provision hereof. The provisions of this Section 11.2 shall survive the expiration or earlier termination of this Lease.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.cost

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have Notwithstanding anything to the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingscontrary contained herein, Landlord shall perform shall, at its cost and expense, make any repairs to or replacements of the roof, pavingfoundations, exterior walls and other structural components of the Premises, and landscape maintenance, exterior painting improvements to and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu alterations of the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsPremises required by Legal Requirements, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) if the useful life of the cost and expense portion of Building maintenance and the care for Premises so repaired, replaced, improved or altered would extend beyond the grounds around initial Lease Term or the Buildingthen current extension term, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord in such case Tenant shall pay that portion of such cost and expense which bears the same ratio to the total of such cost and expense as the number of years (including any partial year) remaining in the Lease Term, as it may have been extended, bears to the right to require Tenant to pay such other reasonable proportion number of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant years of the Building can be clearly identified as being responsible for obstruction or stoppage useful life of the common sanitary sewage line then portion of the Premises in question. The portion of such cost and expense to be paid by Tenant shall be paid, at Tenant's option, if either in full within thirty (30) days after Tenant's receipt of an invoice therefor from Landlord, together with such supporting documentation as Tenant is responsiblemay reasonably request, or in equal monthly installments payable at the same time as monthly installments of Fixed Rent are payable, commencing on the first day of the first full month following the date thirty (30) days after Tenant's receipt of such other responsible tenantinvoice, shall pay in an amount sufficient to fully amortize Tenant's portion of such cost and expense, together with interest thereon at the entire cost thereofrate of twelve and one-half percent (12 1/2%) per annum, upon demandover the number of months then remaining in the Lease Term, as additional rentit may have been previously extended. In the further event that Tenant shall pay/4// when due its sharethereafter exercises an extension option, determined as aforesaid, Tenant's portion of such costs cost and expenses along expense shall be increased in accordance with the other tenants of the Building to Landlord upon demandformula set forth above and shall be payable, at Tenant's option, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingprovided above.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have Subject to the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) provisions of Section 7.1 above, and Tenant shallfurther subject to Tenant's obligation under Article 4 to reimburse Landlord, in lieu the form of the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsAdditional Rent, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the following items: fire protection and life/safety systems and services; the roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); exterior painting of the Premises; exterior window cleaning; exterior lighting adjacent to the Premises; and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, pavement, landscaping, sprinkler systems, sidewalks, driveways and alleyscurbs. Notwithstanding anything in this Article 7 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such other reasonable proportion repair any damage to any portion of said mowingthe Premises caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any other particular tenant of Tenant Representatives and to restore the Building can be clearly identified as being responsible for obstruction or stoppage of Premises to the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay condition existing prior to the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphaltany liability incurred by Landlord by reason of such condition, roof repairs and repaintingto the extent such liability is due to Tenant's failure to so report such defect.

Maintenance by Landlord. Landlord must, at Landlord's sole cost and expense, repair, maintain (and replace, when necessary) the foundation, roof and other structural elements of any building located on the Premises so that at all times they are in good condition, reasonable wear and tear excepted; provided, however, Tenant (not Landlord) shall be responsible for any damage to such items caused by Tenant's negligence, including, without limitation, Tenant's improper installation of signage. (a) Prior to the first anniversary of the Effective Date of this Lease, Tenant shall cause to be installed a roofing system by a contractor reasonably acceptable to Landlord, which roofing system shall provide an ER systems 10 year manufacturer's warranty enforceable by Landlord. Tenant shall be responsible for all costs and its employeesexpenses associated therewith, customers but may utilize funds from the Roof Funds Escrow in connection therewith. Prior to retaining a contractor to perform such work, Tenant shall supply Landlord with a copy of such contractor's estimate showing in reasonable detail the work to be performed and licensees shall have the non-exclusive right to use the parking areasestimated costs and expenses associated therewith, if any, as may which must be designated approved by Landlord in writingprior to Tenant retaining such contractor, subject such approval not to such be unreasonably withheld, conditioned or delayed. Tenant shall keep Landlord reasonably apprised of the contractor selection process, the anticipated work schedule, the progression of the work to be performed and any information that becomes known to Tenant that could reasonably be expected to increase the estimate approved by Landlord and Tenant shall promptly respond to Landlord's reasonable rules requests for updates and regulations as Landlord may from time to time prescribeother information related thereto. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations performance of such installation must satisfy the requirements for approved "Alterations" under Subsection 2.2.2(a) above, and Tenant shall, in lieu the last two sentences of Section 6.4 below. The portion of the obligations set forth under Subsection 2.2.2(aRoof Escrow Funds not actually utilized to install such roofing system shall be returned to Landlord on the earlier of (i) above with respect to within thirty (30) days after such items, be liable for its proportionate share installation is completed and (as defined in Subsection 2.2.1(bii) above) the first anniversary of the cost and expense Effective Date (in which case the Base Rent payable to Landlord on the first anniversary of Building maintenance the Effective Date shall be increased by an amount equal to the difference between the Roof Escrow Funds and the care for actual cost of installing such roof system). Tenant agrees to provide Landlord with a reasonably detailed invoice and related supporting documentation evidencing the grounds around cost of installing such roofing system pursuant to this section. (b) Alterations, Improvements. Tenant may make such alterations, changes, improvements, replacements or additions to the BuildingPremises (including, including but not limited to, the mowing construction of grassadditional improvements upon the Premises) (collectively, care "Alterations") as Tenant may deem necessary or desirable, subject to the prior written consent of shrubsLandlord, general landscapingnot to be unreasonably withheld, maintenance of parking areasconditioned, driveways or delayed. Notwithstanding the foregoing, Landlord's consent shall not be required for Alterations that do not affect the mechanical, electrical, plumbing, HVAC, structural and/or fire and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant life safety components of the Building can (collectively, the "Building Systems"), so long as the cost of such Alterations does not exceed the sum of $250,000.00. Alterations shall be clearly identified as being responsible for obstruction deemed to "affect" the mechanical, electrical, plumbing, HVAC, structural or stoppage fire and life safety component of the common sanitary sewage line then TenantPremises only if an applicable trade permit is required for such Alteration by the City of Fort Worth. For purposes of clarity, the parties acknowledge and agree that Landlord's prior consent (not to be unreasonably withheld, conditioned, or delayed) will be required for any Alteration that either (i) "affects" the Building Systems or (ii) costs more than $250,000.00. All Alterations must be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances. Upon completion of any Alterations, Tenant must provide Landlord with a copy of its building permit, final inspection tag and, if Tenant is responsibleplans and specifications were required by the applicable governmental authority, or such other responsible tenantfinal "as built" plans and specifications, shall pay together with evidence of the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, lien-free completion of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingAlterations.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 22 and its employees23, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, and further subject to the limitations set forth in the last sentence of Paragraph 4(b)(5), Landlord agrees to repair and maintain the following items: subject to Paragraph 1 of EXHIBIT B hereto, the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings); the HVAC systems serving the Premises; the utility and plumbing systems, fixtures, and equipment located outside the Premises; and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Areas. Subject to the provisions of Paragraphs 12(a), 22 and 23, Landlord, at its own cost and expense, and without the obligation of Tenant to reimburse Landlord pursuant to Paragraph 4, agrees to repair and maintain the following items: the structural portions of the roof, provided that Tenant installs no additional air conditioning or other equipment on the roof maintenancethat damages structural portions of the roof (and specifically excluding the roof coverings), the foundation, the footings, the floor slab, the load bearing walls, and the exterior repainting walls (excluding any glass therein) of the Premises. Landlord shall not be required to repair or maintain conditions created due to any act, negligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord's obligation hereunder to repair and common sewage line plumbing; provided, however, maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its sharepromptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, determined as aforesaid, and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingcondition.