Common use of Maintenance by Tenant Clause in Contracts

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 above, Tenant, at Tenant’s sole cost and expense, will keep and maintain the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) excepted.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above Subject to the provisions of Paragraph 13.2, 21 and any janitorial services provided by Landlord under Section 9 above22 below, Tenantthroughout the Term, Tenant shall, at Tenant’s its sole cost and expense, will (1) keep and maintain in good order and condition the Building and the Premises in good, clean, sanitary, neat and fully operative condition repair the Building and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Premises consistent with similar premises in first class buildings in the Market Areaand every part thereof, which obligations of Tenant will includeincluding interior and exterior glass, windows, window frames and casements, interior and exterior doors and door frames and door closers; interior and exterior lighting (including, without limitation, light bulbs and ballasts), the maintenanceroof covering; the Systems serving the Premises and the Building; interior and exterior signage, interior demising walls and partitions, equipment, interior painting and interior walls and floors, and the roll-up doors, ramps and dock equipment, including, without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights located in or on the Premises (excepting only those portions of the Building or the Project to be maintained by Landlord, as provided in Paragraph 13.2 below), (2) furnish all expendables, including light bulbs, paper goods and soaps, used in the Premises, and (3) keep and maintain in good order and condition and repair and replacement replace all of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen Tenant's security systems in or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in about or serving the Premises. Tenant will also pay shall not do nor shall Tenant allow Tenant's Agents to do anything to cause any damage, deterioration or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear unsightliness to the Premises Premises, the Building or the Complex caused or permitted by TenantProject. Any repairs or replacements performed by Tenant pursuant to shall perform its obligations under this Section must be at least equal in quality and workmanship to the original work, be Paragraph 13.1 in accordance with maintenance and repair standards adopted by Landlord from time to time for the Project. Tenant shall cause to be furnished to Landlord on not less than a quarterly basis maintenance reports on all Laws Systems and the roof of the Building prepared by a qualified vendor or consultant, and Tenant shall promptly perform any maintenance tasks recommended by such reports or otherwise required by Landlord to cause the Premises and the Systems to comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear 's maintenance and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedrepair standards.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above Tenant shall keep the Premises, including all windows, signs, and any janitorial services provided by Landlord under Section 9 abovesidewalks, Tenantservice ways, at Tenant’s sole cost loading areas adjacent to the Premises, landscaping and expenseirrigation systems (if any), will keep and maintain all paved surfaces and parking lots (including striping of the Premises parking lot and preventing potholes and other surface inadequacies based on the intended purpose of such paved surfaces and parking lots) in good, clean, sanitaryrubbish-free condition, neat free from waste and fully operative condition and repairnuisance at all times, reasonable wear and tear and damage due to by casualty excepted. Tenant shall, so as subject to maintain the condition Landlord's maintenance responsibilities provided for above, make all needed repairs, including without being limited to, maintenance of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair all direct utility connections and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen any cracked or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premisesbroken windows or other glass. Tenant will also pay or reimburse Landlord for (orshall, at Landlord’s optionTenant's expense, perform) keep in good working condition the repair or replacement of any waste or excessive or unreasonable wear heating, ventilating, and tear to air conditioning systems, the Premises or sprinkler system, if any, and the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must water heater, maintaining, repairing, and replacing such items as may be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change necessary from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary reasonable wear and tear and damage by fire or casualty loss (unless caused excepted. Tenant shall comply at its sole cost and expense with all governmental laws, ordinances, and regulations which must be complied with by reason of the nature of the use of the Premises by Tenant, except that Tenant shall not be obligated to make any structural changes or alterations to the Premises in order to comply therewith unless made necessary by the negligent act or omission of Tenant, in which event Tenant shall comply at its expense in accordance with plans and specifications approved by Landlord. If any repairs or replacements required to be made by Tenant hereunder are not made within fifteen (15) excepteddays after written notice delivered to Tenant by Landlord, Landlord may, at its option, make such repairs or replacements without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs or replacements, and Tenant shall pay to Landlord upon demand as additional rental hereunder the cost of such repairs and replacements, plus interest at a rate equal to the lower of eight percent (8%) per annum, or the maximum rate permitted by the usury laws of the State of Texas, from the date of payment by Landlord until Landlord is repaid by Tenant.

Maintenance by Tenant. Except Subject to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s obligations described recommendations of the HVAC system installed in Section 12 above the Premises and any janitorial services provided which is approved by Xxxxxxxx. Xxxxxxxx reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord under Section 9 above, Tenantshall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s sole cost and expense, will keep and maintain any recommended maintenance and/or repairs to the Premises HVAC system set forth in goodsuch report within a reasonable time thereafter; provided, cleanhowever, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition that if Tenant disputes any of the Premises consistent with similar premises in first class buildings recommended maintenance and/or repairs to the HVAC system set forth in the Market AreaHVAC contractor’s report, which obligations Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant will includeshall diligently attempt, without limitationin good faith, to resolve any dispute over the maintenance, repair nature and replacement extent of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in any repairs and/or maintenance to be completed by Tenant to the PremisesHVAC system. Tenant will also pay or shall reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement cost of any waste or excessive or unreasonable wear the inspection of the HVAC system by the HVAC contractor unless Landlord and tear Tenant determine that no maintenance and/or repairs to the Premises or HVAC system are required at that time. Tenant acknowledges that the Complex caused or permitted HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant. Any repairs , its Agents, or replacements performed by Tenant pursuant to this Section must be contractors at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) excepted.

Maintenance by Tenant. Except for Throughout the Term, Tenant shall, at its sole expense, subject to Landlord’s obligations described as set forth in Section 12 above and any janitorial services provided by Landlord under Section 9 aboveParagraphs 13(b) hereof, Tenant, at Tenant’s sole cost and expense, will (i) keep and maintain in good order and condition the Premises in good, clean, sanitary, neat interior and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition exterior of the Premises consistent with similar premises in first class buildings in the Market AreaBuilding, which obligations of Tenant will includeincluding, without limitationbut not limited to, the maintenanceroof covering, lighting and Systems, and Tenant’s Property, (ii) keep and maintain in good order and condition, repair and replacement replace all of all: Tenant’s security systems in or about or serving the Premises, (aiii) interior surfaces maintain and replace all specialty lamps, bulbs, starters and ballasts, and (iv) keep and maintenance in good order and condition the exterior of the Premises, including the roof covering, pavement, sidewalks, landscaping, sprinkler system, sidewalks, driveways, curbs, lighting, and exterior walls of the Building, including, but not limited to , by repairing and demising walls; (b) interior walls, moldings, partitions painting over any vandalism and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipmentany defacement of Building; and (gv) to the extent of any damage caused by Tenant’s personal property situated in , the roof membrane, structural portions of interior and exterior walls, and window repairs. Tenant shall not do nor shall Tenant allow Tenant Parties to do anything to cause any damage, deterioration or unsightliness to the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to timeProject. At In connection with the expiration or early termination of this Lease, foregoing Tenant shall deliver up (i) cause the fire alarm systems serving the Premises to be monitored by a monitoring or protective services firm reasonably approved by Landlord in as good condition as at writing; (ii) procure annual maintenance contracts for the Commencement DateHVAC system and elevators and implement any maintenance recommendations of the service providers under such annual maintenance contracts, ordinary wear (iv) engage licensed pest control service providers to service the Building on a reasonable basis; and tear and damage (iv) cause annual roof inspections to be performed by fire or casualty loss (unless caused a licensed roofing contractor selected by Tenant) excepted, and shall implement any maintenance recommendations of such roofing contractor. All such contractors and providers shall be reasonably acceptable to Landlord and Tenant shall provide Landlord with copies of all such contracts and related reports and correspondence.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 above, Tenant, at Tenant’s sole cost and expense, will keep and maintain the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to by fire or casualty loss excepted, so as to maintain the condition of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement as Landlord determines is reasonably necessary of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will will, subject to the provisions of Section 22 below, also pay or reimburse Landlord for (or, at LandlordTenant’s option, Tenant shall perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section 13 must be at least equal in quality and workmanship to the original work, and be in accordance with all Laws and comply with Landlord’s sustainability practicesLaws. Except as expressly provided otherwise in this Lease, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At at the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) excepted. Tenant shall at all times maintain the Premises in a manner consistent with Class A office standards in the Market Area.

Maintenance by Tenant. Except Tenant shall at all times keep in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s obligations described in Section 12 above and any janitorial services provided roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord under Section 9 above, Tenantwill have the right, at Tenant’s sole cost and expenseexpense and without notice to Tenant, will keep to cause said work and maintain the Premises in goodroof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, cleanreplacements, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition or maintenance of any item or any type of the Premises consistent with similar premises in first class buildings in Premises, other than building structure and any capital improvements thereto, is the Market Area, which obligations responsibility of the Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord to be paid for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any Tenant shall be entitled to recover from Landlord the costs of all repairs or replacements performed made by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws roof and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance interior portions of the Building or Complex(excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, as Landlord shall not be liable for any such amounts unless and until the same may change from time other tenant(s) within the Building have provided such sums due to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedLandlord.

Maintenance by Tenant. Except for Landlord’s obligations described as provided otherwise in Section 12 above and any janitorial services provided by Landlord under Section 9 above9.01, Tenant, at Tenant’s 's sole cost and expense, will keep and shall maintain the Premises and the Building in goodfirst class order, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear clean, orderly, sanitary, and damage due to casualty exceptedsafe condition, so as to maintain the condition of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, including without limitation, the maintenance, repair providing routine maintenance for and replacement of all: (a) interior all landscaping, entrances, vestibules, partitions, plate glass, window and window frames and moldings, exterior surfaces of exterior walls and demising walls; (b) interior walls, moldingsceiling, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windowsfloors, plate glass and glass, doors; (f) kitchen or break-room , door openers, fixtures, appliances lighting, electrical, plumbing, pipes, security system, electrical wiring and conduits, other mechanical systems, and equipment and appurtenances thereof (including without limitation sweeping, janitorial/cleaning, window washing, and routine maintenance and repair, lighting, electrical, plumbing, and snow and ice removal). Furthermore, Tenant, at Tenant's sole cost and expense, shall provide routine maintenance (but not replacement) of the elevator system, the HVAC system (including air conditioning fixtures and systems, air distribution systems, motors, controls, grills, thermostats, filters, and air handling units), and routine pot hole filling and crack sealing on the parking lot surface. Without limiting the foregoing, Tenant assumes all risks from breakage of glass on the Premises and will promptly replace all such breakage at its own expense. With the exception of the Landlord’s Maintenance Items, for which replacement shall be the Landlord’s responsibility in accordance with Section 9.01, if replacement of equipment; , fixtures and (g) Tenant’s personal property situated appurtenances is necessary, Tenant shall replace the same with new and/or completely reconditioned equipment, fixtures and appurtenances, and repair all damages done in or by such replacement. Tenant will not commit or allow to remain any waste or damage to any portion of the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the shall repair or replacement of replace, subject to Landlord's direction and supervision, any waste or excessive or unreasonable wear and tear damage to the Premises (including the structural components and the roof of the Building) caused by the gross negligence or the Complex caused intentional misconduct of Tenant or permitted by Tenant's agents, contractors or invitees. Any If Tenant fails to make such repairs or replacements performed within thirty (30) days of a written notice by Landlord requesting that Tenant pursuant to this Section must be at least equal in quality and workmanship do so (except to the original workextent such repairs or replacements are an emergency, be in accordance with all Laws and comply with Landlord’s sustainability practiceswhich case no notice is required), including any third-party rating systems concerning environmental compliance of the Building or Complex, as Landlord may make the same may change from time to time. At the expiration or early termination of this Leaseat Tenant's cost; provided, however, if such obligations cannot be satisfied within such thirty (30) day period, Tenant shall deliver up not be in default and Landlord shall not be allowed to perform on behalf of Tenant so long as Tenant commences action to satisfy its obligations under this Section within such thirty (30) day period and thereafter diligently prosecutes such action to completion; provided, further, that such period shall not be extended beyond sixty (60) days. Such cost shall be payable to Landlord by Tenant on demand as Additional Rent. Tenant shall enter into a contract with a reputable heating and air conditioning maintenance company for maintenance and repair services for the HVAC system, providing for regular inspection and maintenance of the HVAC system. Upon Landlord’s request, Tenant shall provide Landlord with a copy of the contract and/or copies of all maintenance or repair reports. In addition, Tenant agrees to keep the sidewalks or hallways adjacent to the Premises in a clean and sightly condition. If Tenant does not maintain the Premises as required hereunder, following the expiration of any applicable grace or cure period expressly provided in this Lease Landlord may, but need not, do so and Tenant shall upon demand pay Landlord’s cost therefore. Tenant hereby waives all right to Landlord in as good condition as make repairs at the Commencement Dateexpense of Landlord as provided under any law, ordinary wear and tear and damage by fire statute or casualty loss (unless caused by Tenant) exceptedordinance now or hereafter in effect.

Maintenance by Tenant. Except for Subject to Landlord’s maintenance and repair obligations described set forth in Section 12 above and any janitorial services provided by Landlord under Section 9 above7.1, Tenant, at Tenant’s sole cost and expense, will keep and maintain in good order, condition and repair the improvements to the Premises in goodand every part thereof, cleanincluding, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain without limiting the condition generality of the Premises consistent with similar premises in first class buildings in foregoing, all plumbing, HVAC, electrical and lighting facilities and equipment within the Market AreaPremises, which obligations of Tenant will includeany intra-Building telephone and network cabling installed to exclusively serve the Premises, without limitationwhether or not fully contained within the Premises, the maintenancefixtures, repair interior walls and replacement of all: (a) interior surfaces of exterior walls walls, ceilings, windows, doors, plate and demising walls; window glass (b) interior wallsexcept the exterior), moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windowsfloor covering, plate glass and doors; (f) kitchen water coolers, whether installed or break-room fixtures, appliances and equipment; and (g) owned by Landlord or Tenant’s personal property situated in the Premises. Tenant will also pay repair all damage or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear injury to the Premises Building or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality fixtures, appurtenances, and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance equipment of the Building caused by Tenant’s installation or Complexremoval of its property or resulting from any acts or conduct of Tenant, its employees, contractors, agents, licensees, or invitees. In the event that Tenant fails to keep and maintain the Premises in good order, condition and repair while this Lease is in effect, and Tenant fails to make necessary maintenance and repairs as soon as commercially reasonable after notice by Landlord, then Landlord may, if the same may change from time remains uncured within thirty (30) days after written notice to time. At the expiration or early termination of this LeaseTenant, Tenant shall deliver up restore the Premises to such good order and condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s property or business by reason thereof, and Tenant will pay Landlord upon demand as Additional Rent the cost of restoring the Premises to such order and condition (and included in such cost will be an eight percent (8%) fee for overhead and administration). Notwithstanding anything contained herein to the contrary, in the event any necessary maintenance or repair item cannot be completed within thirty (30) days following Landlord’s notice to Tenant, but Tenant undertakes such maintenance and repair within such thirty (30) day period and diligently pursues the same to completion, Landlord shall not have the right to restore or repair the Premises as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedprovided herein.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 aboveThroughout the Term, TenantTenant shall, at Tenant’s its sole cost and --------------------- expense, will (1) keep and maintain the Premises in goodgood order, cleancondition, sanitary, neat and fully operative condition and repair, reasonable wear and tear to repair and to replace the Premise, and every part thereof, including glass, windows, window frames, skylights, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises, (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) repair all damage due to casualty exceptedthe Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, so as employees, contractors or invitees or other persons, including vandals. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant also agrees to maintain and pay for a bi-monthly service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the leased premises. Landlord reserves the right to approve the contractor conducting the bi-monthly service and the Landlord shall receive from Tenant copies of the inspection and service reports. Landlord also reserves the right to hire a licensed HVAC contractor to inspect annually the heating and air conditioning system. If this contractor finds deficiencies in the condition of this system, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant's expense, and after 30 days notice pay the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance cost of the Building or Complexinspections by Landlord's contractor. If no deficiencies are found, as Landlord shall pay for the same may change from time to time. At cost of the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedinspections.

Maintenance by Tenant. Except for Landlord’s obligations described Tenant shall keep all portions of the Building in Section 12 above good, clean and any janitorial services provided by Landlord under Section 9 above, Tenant, habitable condition and in accordance with the requirements set forth in this Lease and shall at Tenant’s its sole cost and expense, will keep expense make all needed repairs and maintain replacements to the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as but specifically excluding those items Landlord has agreed to maintain under this Lease. Without limiting the condition coverage of the Premises consistent with similar premises in first class buildings in the Market Areaprevious sentence, which obligations of Tenant will include, without limitation, the it is understood that Tenant's responsibilities therein include maintenance, repair and replacement of allall of the following facilities and equipment, to the extent located within or upon the Premises: (a) interior surfaces the non-structural elements of the Building including the roof membrane and all exterior walls and demising wallsplate glass; (b) all windows, doors and other exterior openings; dock bumpers, dock plates or levelers; office entries or store fronts; window and door frames, closure devices, locks and hardware; lighting, heating, air-conditioning, plumbing and other electrical, mechanical and electromotive equipment and fixtures; signs, placards and other advertising media of any type; and exterior and interior painting and other treatment of interior walls, moldingsall exterior areas of the Premises including, partitions but not limited to, roof leaks resulting from any cause including, without limitation, from Tenant's installation, replacement or maintenance of air-conditioning equipment or any other roof penetration or placement); all lighting, heat air-conditioning and ceilings; (c) carpeting; (d) nonventilation equipment, fire-structural interior components; (e) interior windowsprotection and sprinkler systems, plate glass plumbing, exhaust systems, and doors; (f) kitchen or break-room other electrical, mechanical and electromotive installations, equipment and fixtures. In addition, appliances Tenant's responsibilities shall also include all repairs of all ducts, conduits, pipes and equipment; wiring, and (g) Tenant’s personal property situated in any sewer stoppage located in, under and above the Premises. Tenant will also pay , regardless of when or reimburse Landlord how the defect or other cause for (or, at Landlord’s option, perform) the repair or replacement occurred or became apparent. If any repairs required to be made by Tenant hereunder are not made within thirty (30) days after written notice delivered to Tenant by Landlord (or less time, in the case of a situation which by its nature requires an immediate response or a response within less time), Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs. Promptly following completion of any waste or excessive or unreasonable wear and tear work undertaken by Landlord pursuant to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to terms of this Section must be at least equal in quality and workmanship to the original work9.2, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance Landlord shall deliver a detailed invoice of the Building or Complexwork completed, as the same may change from time to timematerials used, and the costs relating thereto. At the expiration or early termination of this Lease, Tenant shall deliver up reimburse Tenant for the Premises to Landlord in reasonable out-of-pocket costs of such cure within thirty (30) days after receipt of such invoice and other supporting documentation as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedAdditional Rent hereunder.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 above, Tenant, at Tenant’s sole cost and expense, will keep and maintain the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) excepted. Tenant’s obligations under this Section 13 does not include the cost of repairs or damage to items (a) through (g) above that is attributable to Landlord’s failure to perform its maintenance and repair obligations under Section 12 above.

Maintenance by Tenant. Except for Landlord’s 's obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 above, Tenant, at Tenant’s 's sole cost and expense, will keep and maintain the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to by casualty (which shall be governed by Section 24 hereof) excepted, so as to maintain the condition of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s 's personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s 's option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s 's sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement DateDate or the completion of any "Alterations" (as defined below) that are not required to be removed or restored by Landlord in accordance with Section 15 hereof, in all cases, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) excepted; it being understood that there are separate Commencement Dates for Phases I and II, respectively.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 aboveThroughout the Term, TenantTenant shall, at Tenant’s its sole cost and expense, will (1) keep and maintain the Premises in goodgood order, cleancondition, sanitary, neat and fully operative condition and repair, reasonable wear and tear to repair and to replace the Premise, and every part thereof, including glass, windows, window frames, skylights, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises, (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) repair all damage due to casualty exceptedthe Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, so as employees, contractors or invitees or other persons, including vandals. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant also agrees to maintain and pay for a service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the leased premises. Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the heating and air conditioning system. If this contractor finds deficiencies in the condition of this system, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant's expense, and after 30 days notice pay the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance cost of the Building or Complexinspections by Landlord's contractor. If no deficiencies are found, as Landlord shall pay for the same may change from time to time. At cost of the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedinspections.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 aboveThroughout the Term, TenantTenant shall, at Tenant’s its --------------------- sole cost and expense, will (1) keep and maintain the Premises in goodgood order, cleancondition, sanitary, neat and fully operative condition and repair, reasonable wear and tear to repair and to replace the Premise, and every part thereof, including glass, windows, window frames, skylights, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises, (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) repair all damage due to casualty exceptedthe Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, so as employees, contractors or invitees or other persons, including vandals. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant also agrees to maintain and pay for a service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the leased premises. Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the heating and air conditioning system. If this contractor finds deficiencies in the condition of this system, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant's expense, and after 30 days notice pay the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance cost of the Building or Complexinspections by Landlord's contractor. If no deficiencies are found, as Landlord shall pay for the same may change from time to time. At cost of the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedinspections.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above Tenant shall at all times during the Lease Term keep the Premises (including maintenance of exterior entrances, all glass and show window moldings) and all partitions, doors, doorjams, door closures, door hardware, fixtures, equipment and appurtenances thereof (including electrical, lighting, heating and plumbing, and plumbing fixtures, and any janitorial services provided air conditioning systems, including leaks around ducts, pipes, vents, or other parts of the air conditioning, heating or plumbing systems which protrude through the roof) in good order, condition and repair including replacements (including reasonable periodic interior painting as determined by Landlord). Tenant shall also repair any damages to the structural portions of the roof and Project resulting from Tenant's negligent acts or omissions or anyone acting or claiming under Tenant as a result of the failure of Tenant or any one claiming under Tenant, to perform or observe the covenants or conditions in this Lease contained or resulting from alterations, additions or improvements to the premises made by Tenant or anyone claiming under or acting through Tenant. Tenant shall contract with a service company approved by Landlord under Section 9 above, Tenant, at Tenant’s sole cost for the maintenance of the heating and expense, will keep and maintain air conditioning equipment and/or evaporative coolers servicing the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition with a copy of the Premises consistent with similar premises in first class buildings in the Market Area, which obligations of Tenant will include, without limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear service contract to be furnished to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at within thirty (30) days after the Commencement Date, ordinary wear and tear a copy of any subsequent contracts to be furnished from time to time during the Lease Term. If Tenant refuses or neglects to furnish a copy of a maintenance contract for said heating and damage by fire or casualty loss air conditioning equipment and/or evaporative coolers Landlord may contract for such maintenance and will xxxx Tenant for the cost, plus twenty percent (unless caused by Tenant20%) exceptedoverhead, and Tenant agrees to reimburse Landlord for the cost within ten (10) days of Landlord's billing.

Maintenance by Tenant. Except for Landlord’s obligations described in Section 12 above Tenant shall at all times during the lease term hereof keep the leased premises (including maintenance of exterior entrances, all glass and show window moldings) and all partitions, doors, door j xxxx, door closures, door hardware, fixtures, equipment and appurtenances thereof (including electrical, lighting, heating and plumbing, and plumbing fixtures, and any janitorial services provided air conditioning systems, including leaks around ducts, pipes vents, or other parts of the air conditioning, heating or plumbing systems which protrude through the rooo in good order, condition and repair including replacements (including reasonable periodic interior painting as determined by Landlord Landlord). Tenant shall also repair any damages to the structural portions of the roof And leased premises resulting from Tenant's negligent acts or omissions or anyone acting or claiming under Section 9 above, Tenant as a result of the failure of Tenant or any one claiming under Tenant, at to perfon-n or observe the covenants or conditions in this Lease contained or resulting from alterations, additions or improvements to the premises made by Tenant or anyone claiming under or acting through Tenant’s sole cost . Tenant shall contract with a service company for the maintenance of heating and expense, will keep and maintain the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition air conditioning equipment and/or evaporative coolers with a copy of the Premises consistent with similar premises in first class buildings in service contract to be furnished to the Market AreaLandlord within thirty (30) days after opening for business, which obligations and a copy of any subsequent contracts to be furnished from time to time during the Lease term. If Tenant refuses or neglects to furnish a copy of a maintenance contract for said heating and air conditioning equipment and/or evaporative coolers Landlord may contract for this maintenance and will includexxxx Tenant for the cost, without limitationplus twenty percent (20%) overhead, the maintenanceas additional rent, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or agrees to reimburse Landlord for (or, at Landlord’s option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complexcost, as the same may change from time to time. At the expiration or early termination additional rent within ten (10) days of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (unless caused by Tenant) exceptedLandlord's billing.