Common use of Maintenance by Tenant Clause in Contracts

Maintenance by Tenant. 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 the Premises in good order, condition, and repair, 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, and repair 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to Unless Landlord has such responsibility as specifically and expressly elsewhere provided in this Lease, Tenant agrees at all times from and after delivery of possession of the provisions of Paragraph 12(b) Premises, and (c), throughout the Term Tenant shall, at its sole expense cost and at all times expense, to repair, replace, and maintain in tenantable condition, reasonably satisfactory to Landlord (whether or not such portion of including reasonably periodic painting as determined by Landlord), the Premises requiring repairsand every part of them, including, without limitation, the utility lines exclusively serving the Premises, the utility meters, pipes and conduits, all fixtures, air conditioning and heating equipment exclusively serving the Premises and other equipment in them, the storefront(s), all signs, locks and closing devices, and all window sashes, casements, 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 the Premises in good order, condition, and repair, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, floor coverings, including carpeting, terrazzo, or other special floorings, ceiling and ceiling tile, and all such items of repair, maintenance, replacement, alteration, and improvement or reconstruction as may at any time or from time be required by a governmental agency having jurisdiction. All glass, both exterior and interior, is at the interior sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size, and quality, or as required by the then applicable law. Tenant shall maintain the sidewalks, ramps, and exterior areas immediately adjoining the Premises in a clean condition free of snow, ice, dirt, and rubbish and shall not place or permit any objects in those areas without Landlord’s permission. Upon any surrender of the Premises, Tenant shall redeliver the Premises to Landlord broom clean, in tenantable condition (excepting only those portions satisfactory to Landlord) and in a complete state of repair, ordinary wear and tear excepted. If Tenant refuses to perform or neglects its obligations to maintain and repair as required, to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand (except in the case of emergency, where no demand shall be required), Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures, or other property or to Tenant’s business by reason of such repairs, and upon completion of them, Tenant shall pay Landlord’s costs for making such repairs plus fifteen percent (15%) for overhead, upon presentation of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, and repair 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 inviteesxxxx for them. Tenant’s obligation to maintain obligations set forth in this Section 10.1 form a material part of the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible consideration for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%)this Lease, and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees waives all rights to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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 expense of Landlord and shall not be removed from the Building as provided by Tenantany law, its Agents, statute or contractors at any timeordinance now or later in effect.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and shall at all times tunes maintain the Premises and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (whether including lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or not such portion Tenant solely serving the Premises and including leaks around ducts, pipes, vents or other parts of the heating, air conditioning, ventilating and plumbing systems that solely serve the Premises requiring repairs, or which protrude through the means roof 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 the Premises in good order, conditionappearance, condition and repair, reasonable wear and tear excepted, including all necessary replacements of any and all of said facilities. Anything in the foregoing to the contrary notwithstanding. Landlord shall maintain those portions, if any, of any fire protection systems that jointly serve the Premises and any other leased premises in the Village Center. Should Tenant fail to perform any such maintenance or to make any such repairs or replacements, then. Landlord may, but shall not limited to glassbe obligated to, windowsperform such maintenance and/or make such repairs and/or replacements for, window frames, door closers, locks, storefronts, interior and exterior doors and door frameson behalf of, and at 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, and repair 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct expense of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall be obligated forthwith within ten (10) days of written demand by Landlord, to pay Landlord monthlyto Landlord, as Additional RentRent hereunder, the monthly amortized cost all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such replacementexpenses for overhead and supervision. In addition to the foregoing. Tenant shall not do anything to cause any damage, deterioration be obligated on or unsightliness prior to the Building Commencement Date to enter into, and at all time during the Outside Areas. Tenant agrees Term of the Lease, to maintain in full force and effect, a HVAC System maintenance and service agreement and a pest control contract, and in each case with a contractor and under a service agreement reasonably acceptable to Landlord, If Tenant shall fail to enter into or to maintain in full force and effect or to pay for a service such contract which meets and falls to cure the manufacturersame within the applicable cure period, then, at Landlord’s recommendations option, tenant shall be in default hereunder and Landlord shall have the right in addition, and without prejudice to all other rights and remedies available to Landlord, to contract for such services on Tenant’s behalf and to pay any sums due to maintain such contract in force, and Tenant shall be obligated, forthwith upon demand, to pay to Landlord as Additional Rent the total sum of expenses so incurred by Landlord plus interest thereon from the date of payment at the rate set forth in Section 3.06 hereof. Landlord represents that, to the best of Landlord’s knowledge, as of the HVAC system installed in the Premises and which is approved by LandlordCommencement Date, which approval shall not be unreasonably withheld. Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC systemSystem is in good working order and repair. If this contractor finds deficiencies The Tenant shall provide maintenance in connection with the condition of the HVAC systemgenerator, Tenant agrees to make all repairs elevator and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the HVAC security system for the Building is operated by a personal computer and related software located as provided 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, its Agents, or contractors at any timeArticle 3.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) Landlord’s maintenance and (c)repair obligations set forth in Section 7.1, throughout the Term Tenant shallTenant, at its sole expense Tenant’s expense, will keep and at all times (maintain in good order, condition and repair the improvements to the Premises and every part thereof, including, without limiting the generality of the foregoing, lighting facilities and equipment within the Premises, any intra-Building telephone and network cabling installed to exclusively serve the Premises, whether or not such portion fully contained within the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows, doors, plate and window glass (except the exterior), moldings, floor covering, water coolers, whether installed or owned by Landlord or Tenant. Tenant will repair all damage or injury to the Building or to fixtures, appurtenances, and equipment of the Premises requiring repairsBuilding caused by Tenant’s installation or removal of its property or resulting from any acts or conduct of Tenant, its employees, contractors, agents, licensees, or invitees. In the means of repairing the same, are reasonably or readily accessible event that Tenant fails 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 the Premises in good order, conditioncondition and repair while this Lease is in effect, and repair, including but not limited Tenant fails to glass, windows, window frames, door closers, locks, storefronts, interior make necessary maintenance and exterior doors and door frames, and the interior of the Premises, (excepting only those portions of the Building to be maintained repairs as soon as commercially reasonable after notice by Landlord, as provided in Paragraph 12(c) below)then Landlord may, (2) keep and maintain in good order and condition, and repair 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 if 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections same remains uncured within a reasonable period of time at Tenant’s expense, and after thirty (30) days after written notice to Tenant, 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 inspections by Premises to such order and condition (and included in such cost will be an eight (8%) percent for overhead and administration fee). Notwithstanding anything contained herein to the contrary, in the event any necessary maintenance and repair cannot be completed within thirty (30) days following Landlord’s contractor. If no deficiencies are foundnotice to Tenant, but Tenant undertakes such maintenance and repair within such thirty (30) day period and diligently pursues same to completion, Landlord shall pay for not have the cost of right to restore or repair the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any timePremises as provided herein.

Maintenance by Tenant. Subject to the provisions of Except as otherwise expressly provided in Paragraph 12(b2(b)(1) above, this Paragraph 12 and (c)Paragraphs 20 and 21 below, throughout the Term Term, Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairsexpense, 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 the Premises in good order, condition, and repair, 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 conditioncondition the Premises (other than the Structural Components of the Building, Common Areas and the Solar Systems (but only if Landlord is required to maintain the Solar Systems pursuant to Exhibit E-3 attached hereto), which shall be Landlord’s duty to maintain pursuant to Paragraph 12(b) below) and Tenant’s Property, including, without limitation, all costs to maintain, repair, and repair all utility lightingreplace the Premises, or any part thereof and plumbing systems, fixtures and equipmentthe personal property used in conjunction therewith, including without limitation, electricity(a) all costs paid under maintenance, gasmanagement and service agreements such as contracts for janitorial, fire sprinkler security 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 Premisesrefuse removal, (3b) subject all costs to paragraph 16 hereofmaintain, repair all damage to and replace the roof coverings of the Building or any part thereof, (c) all costs to maintain, repair and replace the Outside Areas caused plumbing, sewer, drainage, electrical, fire protection, escalator, elevator, life safety and security systems, the heating, ventilating and air conditioning (“HVAC”) (subject to the terms of Paragraph 12(b) below), and other mechanical, electrical and communications systems and equipment serving the Premises or any part thereof (collectively, the “Systems”), (d) the cost of all cleaning and janitorial services and supplies, the cost of window glass replacement and repair, (e) the cost of maintenance and replacement of machinery, tools and equipment used in connection with the operation or maintenance of the Premises for which Tenant is responsible, and (f) all costs of all maintenance contracts and fees payable to consultants for the Systems, whether such Systems are or shall be required by Landlord’s insurance carriers, Laws (as hereinafter defined) or otherwise. Further, during the negligence Warranty Period, Tenant shall maintain all items subject to a manufacturer’s warranty or willful misconduct guarantee in accordance with the manufacturer’s requirements so as to not limit or otherwise affect the validity or effectiveness of Tenant any such warranty or guarantee (and Landlord shall be relieved of its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due item pursuant to its warranty under Paragraph 2(b)(1) to the negligence extent it is unable to enforce any such manufacturer’s warranty or willful misconduct guarantee as a result of Tenant, its agents, employees or invitees, or the Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to comply with the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in naturethis sentence), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. Tenant shall not do nor shall Tenant allow Tenant’s Agents to do anything to cause any damage, deterioration or unsightliness to the Building and the Outside AreasPremises. Tenant agrees shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair pursuant to Paragraph 2(b)(1), and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord caused as a result of Tenant’s failure to report such condition. Without limiting the foregoing, Tenant, at its expense, shall maintain and pay for continuously throughout the Term a service contract which meets (the manufacturer’s recommendations of the “HVAC system installed in the Premises Service Contract”) with a licensed HVAC repair and which is maintenance contractor (“HVAC Contractor”) reasonably approved by Landlord, which approval HVAC Service Contract shall not be unreasonably withheldprovide for the periodic inspection and servicing of the HVAC equipment at least once every sixty (60) days during the Term, and the preparation of a report of any defective conditions, together with any recommendations for maintenance and repair. Tenant shall provide Landlord reserves with a copy of the Service Contract and each service report issued thereunder promptly upon mutual execution or receipt thereof. Further, Landlord shall have the right to hire a licensed contract with an independent HVAC repair and maintenance contractor to inspect annually the (“Landlord’s HVAC system. If this contractor finds deficiencies in the condition Contractor”), who shall perform an annual survey of the HVAC system, Tenant agrees systems to make all repairs and corrections within a reasonable period of time at verify the work performed by Tenant’s expenseHVAC Contractor and the status of the HVAC systems. Tenant shall follow all reasonable recommendations of Tenant’s HVAC Contractor and Landlord’s HVAC Contractor for the maintenance and repair of the HVAC systems. The cost of Landlord’s HVAC Contractor shall be reimbursable to Landlord as an Operating Expense; provided, and after however, that in no event shall Tenant be responsible for any portion of such cost to the extent it exceeds Ten Thousand Dollars ($10,000) in any given Computation Year. Notwithstanding anything to the contrary herein, if Landlord, in its reasonable discretion, determines that Tenant’s existing HVAC Contractor’s work is unsatisfactory, Landlord shall have the right to require Tenant to, within thirty (30) days after Tenant’s receipt of such notice pay the cost of the inspections by from Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the terminate such existing HVAC system for the Building is operated by Contractor and enter into 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, its Agents, or contractors at any timenew service contract with a different contractor reasonably acceptable to Landlord.

Maintenance by Tenant. Subject to Any and all repairs, replacements, maintenance and other care of the provisions Leased Premises which are not expressly the responsibility and obligation of Paragraph 12(bthe Landlord under Sections 9(a), 9(c), 9(d) and (c9(e), throughout will be the Term Tenant shall, at its sole expense and at all times (whether or not such portion responsibility of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, all of which will be performed and whether or not the need for such repairs occurs as a result of completed at Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) sole cost and expense all as reasonably necessary to keep and maintain the Premises Improvements in good order, condition, and repairrepair including, including but not limited without limitation, all repairs, maintenance and replacement to glassthe mechanical, 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, and repair all utility lighting, electrical and plumbing systems, fixtures systems and equipment, including without limitation, electricity, gasutility systems, fire sprinkler suppression system, dock door equipment and stand pipesthe heating, fire alarms, smoke detection, HVAC, waterventilation, and sewerair-conditioning systems serving the Leased Premises (collectively, 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacementsSystems”); provided, however, that so long Tenant’s obligations in connection with the Building Systems installed pursuant to the Landlord’s Work shall be subject to Landlord’s obligations under the One Year Building Systems Warranty set forth above . In addition, Tenant shall perform all routine maintenance and upkeep of the Structural Elements of the Leased Premises (including, without limitation, any painting). Without limiting the generality of the foregoing, Tenant shall implement: (i) a janitorial program of cleaning sufficient to keep the Leased Premises in a safe, clean, and sanitary condition at all times; (ii) a program of grass cutting and landscape maintenance sufficient to keep all landscaped areas in a safe, clean, and sightly condition at all times; (iii) a regularly scheduled program of preventive maintenance and repair of the Building Systems which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the Building Systems in good order, condition, and repair at all times; (iv) a regularly scheduled program of sealing, re-topping, and striping all driveways and parking lots which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains all driveways and parking lots in a safe, clean, and sightly condition at all times, including without limitation, (1) sweeping the all driveways and parking lots once in the spring and once in the fall; (2) asphalt patch as any such replacement is not required needed every 2-3 years; (3) crack fill pavement every 3-5 years; (4) striping every 5 years or as needed due to the negligence normal wear; and (v) proper ice and snow removal that maintains all driveways, parking lots, private drive lanes and sidewalks in a safe condition without causing damage thereto. Tenant shall not be responsible for making any repairs occasioned by any gross negligence, intentional act, or willful misconduct of TenantLandlord or its employees, its contractors, or agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in all of which event, subject to the provisions of paragraph 16 below, Tenant repairs shall be responsible for the full made promptly by Landlord at its cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to (a) Except for damage caused by fire or other insured casualty, the provisions repair of Paragraph 12(b) and (c)which is provided for in Article V, throughout the Term Tenant shall, at its sole expense own expense: (i) subject to paragraph (ii) below, maintain and at all times (whether repair the interior and the exterior and the structure of the Building in good order and first class condition in the same manner as a careful and prudent owner would do including, without limitation, the repair of wear and tear which is necessary to maintain the improvements and equipment of the Building in such manner so that they function properly having regard to their nature and purpose for which they are intended to be used or not such portion to keep the appearance of the Premises requiring repairsneat, clean and presentable. Notwithstanding the foregoing, the Tenant’s repair obligation aforesaid shall apply during the Term and any extension, provided that upon the expiration of the Term or any extension, the Tenant shall be required to leave the Premises in the same condition as on the Commencement Date, assuming that all construction pursuant to Section 1.03(b) had been completed; and (ii) maintain and make such repairs and replacements to the structure, roof, equipment, facilities, paved areas, fences, landscaping and other installations forming part of the Building or the means Premises to keep same in good order and first class condition in the same manner as a careful and prudent owner would do including, without limitation, the repair of repairing wear and tear which is necessary to maintain same in such manner so that they function properly having regard to their nature and the samepurpose for which they are intended to be used or to keep the appearance of the Premises neat, are reasonably clean and presentable. Notwithstanding the foregoing, the Tenant shall not be required to replace the structure of the Building or readily accessible to Tenantthe roof, and whether or the Landlord will replace, at its sole cost, if same cannot be repaired, the structure of the Building and the roof. (b) The Landlord may enter the Premises to view the state of repair. If the Landlord notifies the Tenant of the need for such repairs occurs as a result of Tenant’s use, any prior userepairs, the elementsTenant will repair in accordance with such notice, subject to the exceptions set out in subsection (a) above. On the expiration or date of early termination of this lease, the age Tenant shall surrender the Premises to the Landlord in a good state of repair consistent with the obligations imposed upon the Tenant during the Term. No provision of this subsection (b) shall require the Tenant on the expiration or other termination of this lease to repair reasonable wear and tear, except to the extent that repair of wear and tear is necessary to maintain the improvements and equipment of the Building in such portion manner so that they shall function properly, having regard to their nature and the purpose for which they are intended to be used, and except to the extent that repair of wear and tear is necessary to keep the appearance of the Premises neat, clean and presentable. All repairs required to be made pursuant to this subsection (b) shall be completed prior to the date upon which this lease terminates. (c) If the Tenant is in default of the provisions of subsections (a) and (b) above, the Landlord may proceed to make the needed repairs and may then charge its costs for so doing to the Tenant for immediate payment on demand. (d) The Tenant shall keep the Premises and the sidewalks and other areas adjacent to the Premises clean and free of refuse and other obstructions, and shall comply with any laws governing the condition or cleanliness of the Premises). The Tenant shall also, (1) keep at its own expense, operate and maintain the Lands and parking areas, entrance areas, driveways, walkways, ramps and landscaped areas on the Lands in a proper and first class manner. (e) The Tenant shall not, by its act or omission, permit anything to occur in the Premises which shall be or shall result in good order, condition, and repair, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and a nuisance. (f) The Tenant shall promptly comply with the interior requirements of all laws at any time in force during the Term which affect the condition or use of the Premises, (excepting only those portions and with every reasonable recommendation or requirement of the Building Insurers Advisory Organization (as determined from time to be maintained time by the Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and conditionor by any recognized body having similar functions, or any insurance company by which either the Landlord or the Tenant may be insured during the Term. If the Tenant defaults under the provisions of this subsection, the Landlord may itself comply with the requirements of this subsection, and repair the Tenant shall pay all utility lighting, and plumbing systems, fixtures and equipment, expenses (including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located insurance premiums) incurred by the Landlord in or so doing on demand. (g) The Tenant shall heat the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject Building at its own expense to paragraph 16 hereof, repair all such temperature as may be necessary to prevent 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional RentBuilding, the monthly amortized cost of such replacement. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building Leasehold Improvements and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any timeTrade Fixtures.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b(a) and (c)Tenant agrees that it will, throughout the Term Tenant shall, at its sole expense and at all times during the Term of this Lease and at its own cost and expense, keep (whether or not such portion i) the interior of the Leased Premises requiring repairs, or and 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 the Premises in good order, condition, and repairappurtenances thereto, including but not limited to glassthe heating system, air conditioning system, toilets, plumbing lines, windows, window framesglass, door closerselectric lines, locksfixtures, storefrontsstore front and equipment, interior in good condition of repair, making such replacements as may be necessary from time to time, it being expressly understood that Tenant will be obligated to make all repairs and exterior doors and door frames, replacements necessary to keep the Leased Premises 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 appurtenances thereto in good order and condition; and (ii) the Leased Premises and entryways, sidewalks, driveways and repair all utility lightingdelivery areas adjacent to said Leased Premises clean and free from obstruction, rubbish, dirt, snow and plumbing systemsice. (b) Tenant covenants that it will, fixtures at its own cost and equipmentexpense, including without limitationwithin a reasonable time after being notified in writing by Landlord of the need therefor, electricitymake such repairs to roof, gasoutside walls, fire sprinkler windows, store front, doors, gutters and stand pipesdownspouts of the Leased Premises as may be necessary in order to keep such building in good condition of repair, 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 unless said repairs are occasioned by the negligence or willful misconduct act of Tenant Landlord or any of its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agentscustomers, employees or inviteescontractors, including, but not limited to, defects in, or Tenantthe failure of Landlord to fully complete, Landlord’s failure Work as required pursuant to maintain the Premises, or any portion thereofParagraph 5 above, in good condition which event such repairs shall be made by and repair as required herein at the expense of Landlord. (in which event, subject to the provisions of paragraph 16 below, c) Tenant shall be responsible for the full cost of any replacement even if capital store all trash, rubbish and garbage in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published appropriate manner as reasonably required by the Wall Street Journal, plus one percent (1%), Landlord and Tenant shall pay Landlord monthly, as Additional Rent, place said trash in the monthly amortized cost of such replacementoutside receptacles provided by Tenant. Tenant shall not do anything to cause burn or otherwise dispose of any damagetrash, deterioration waste, rubbish or unsightliness to garbage in or about the Building and the Outside Areas. Leased Premises. (d) Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for all charges during the cost of Term, as may be extended, for landscape maintenance, pond maintenance, gas, electricity, water and sewer, telephone or other communication or utility used not including those in paragraph 4(c) above, rendered or supplied upon or in connection with the inspectionsLeased Premises and shall indemnify Owner against any liability or damages on such account. Tenant acknowledges that the 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 will provide proof of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timepayment upon Owner’s request.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) Except for Landlord's obligations described in Section 12 above and (c)any janitorial services provided by Landlord under Section 9 above, throughout the Term Tenant shallTenant, at its Tenant's sole expense cost and at all times (whether or not such portion of the Premises requiring repairsexpense, 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) will keep and maintain the Premises in good ordergood, conditionclean, sanitary, neat and fully operative condition and repair, including but not limited to glassreasonable wear and tear and damage by casualty (which shall be governed by Section 24 hereof) excepted, 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, window framesplate glass and doors; (f) kitchen or break-room fixtures, door closers, locks, storefronts, interior appliances and exterior doors equipment; and door frames, and the interior of (g) Tenant's personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, (excepting only those portions 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 to be maintained by Landlordor Complex, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, and repair 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 the same may change from time to time. At the expiration 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 early termination of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 belowthis Lease, Tenant shall be responsible for deliver up the full cost Premises to Landlord in as good condition as at the Commencement Date or the completion of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal "Alterations" (as defined below) that are not required to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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 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, its Agents, or contractors at any timerespectively.

Maintenance by Tenant. Subject (a) Tenant agrees that it will, at its own cost and expense, keep the interior of the Premises and the appurtenances thereto, including without limitation the heating and air conditioning systems, toilets, plumbing lines, sprinkler system, windows, glass, electric lines, fixtures, and equipment, in good condition and repair, making such replacements as may be necessary from time to time. Tenant shall be responsible for all repairs and replacements necessary to keep the Premises and the appurtenances thereto in good order and condition except those which Landlord has expressly agreed to make under the provisions of Paragraph 12(bSection 13 of this Lease. Tenant further shall be responsible, at Tenant’s sole cost and expense, for the maintenance, repair, and replacement, as necessary, of any and all dock(s) serving the Premises. Landlord hereby assigns all available warranties, if any, to Tenant for systems which Tenant is required to maintain, and shall upon request provide copies of same to Tenant. (b) Tenant shall store all trash, rubbish and garbage in fully-closed containers at the rear of the Premises. Tenant shall not burn or otherwise dispose of any trash, waste, rubbish or garbage in or about the Premises. Tenant shall pay for the cost of trash and rubbish removal or pay its pro-rata share, in the event that Landlord provides for trash and rubbish removal. (c)) In connection with the requirements of this Section 14, throughout Tenant agrees to obtain and maintain from a reputable company a quarterly maintenance contract on the Term heating and air conditioning systems and to furnish Landlord with a copy of said contract on the Rent Commencement Date. (d) Tenant shallagrees that it will, at its sole expense Tenant’s expense, comply with any mandatory preventative maintenance items required by insurance carriers, rating authorities or public officials to minimize loss frequency and/or severity within the Premises. (e) Tenant shall keep the Premises free from insects pests and vermin of all kinds, and for that purpose Tenant shall use, at Tenant’s cost, such pest extermination contractor as Landlord may direct and at such intervals as Landlord may reasonably require. (f) Sprinkler systems, if any, located in Tenant’s area shall be maintained, at Tenant’s sole expense, in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all times (whether or not such portion sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the Premises requiring repairssprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact the Commercial Property Manager at 0000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000, (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or the means of repairing the sameemployees, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs and/or 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 the Premises in good order, condition, and repair, 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, and repair 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacementobligations hereunder. Tenant shall not do anything replace all sprinkler heads due to cause any damage, deterioration painting or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at environmental exposure from Tenant’s expense, and after thirty (30) days notice pay the operations. All other cost of maintaining the inspections by Landlordsprinkler system in Tenant’s contractor. If no deficiencies are found, Landlord area shall pay for the cost of the inspections. Tenant acknowledges that the 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 paid by Tenant, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to (a) Except for damage caused by fire or other insured casualty, the provisions repair of Paragraph 12(b) and (c)which is provided for in Article V, throughout the Term Tenant shall, at its sole expense own expense; (i) maintain and at all times (whether repair the interior and exterior of the Building, including the roof and parking lot, in good order and first class condition in the same manner as a careful and prudent owner would do including, without limitation, the repair of wear and tear which is necessary to maintain the improvements and equipment of the Building in such manner so that they function properly having regard to their nature and purpose for which they are intended to be used or not such portion to keep the appearance of the Premises requiring repairsneat, clean and presentable, provided that the Tenant shall not be required to repair any structural defects, unless such structural defects are caused or contributed to by the fault or negligence of the Tenant or those for whom it is in law responsible, in which case the repair of such structural defects shall be the Tenant's responsibility; and (ii) maintain and make such repairs and replacements to the roof (except for structural defects, unless such structural defects are caused or contributed to by the fault or the means negligence of repairing the sameTenant or those for whom it is in law responsible), are reasonably equipment, facilities, paved areas, fences, landscaping and other installations forming part of the Building or readily accessible to Tenantthe Premises, including the Leasehold Improvements, heating, ventilating, air-conditioning, mechanical, electrical and plumbing systems, and whether to keep same in good order and first class condition in the same manner as a careful and prudent owner would do including, without limitation, the repair of wear and tear which is necessary to maintain same in such manner so that they function properly having regard to their nature and the purpose for which they are intended to be used or not to keep the appearance of the Premises neat, clean and presentable. (b) The Landlord may, with 24 hours prior notice, except in cases of emergency when no notice is required, enter the Premises to view the state of repair. If the Landlord notifies the Tenant of the need for such repairs occurs as a result of Tenant’s use, any prior userepairs, the elementsTenant will repair in accordance with such notice, subject to the exceptions set out in subsection (a) above. On the expiration or date of early termination of this lease, the age Tenant shall surrender the Premises to the Landlord in broom-swept condition and in a good state of such portion repair consistent with the obligations imposed upon the Tenant during the Term. No provision of this subsection (b) shall require the Tenant on the expiration or other termination of this lease to repair reasonable wear and tear, except to the extent that repair of wear and tear is necessary to maintain the improvements and equipment of the Premises)Building in such manner so that they shall function properly, (1) having regard to their nature and the purpose for which they are intended to be used, and except to the extent that repair of wear and tear is necessary to keep and maintain the appearance of the Premises neat, clean and presentable. All repairs required to be made pursuant to this subsection (b) shall be completed prior to the date upon which this lease terminates. (c) If the Tenant is in good orderdefault of the provisions of subsections (a) and (b) above, conditionthe Landlord may proceed to make the needed repairs and may then charge its costs for so doing to the Tenant for immediate payment on demand. (d) The Tenant shall keep the Premises and the sidewalks and other areas adjacent to the Premises, clean and free of refuse and other obstructions, and repair, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and shall comply with any laws governing the interior condition or cleanliness of the Premises, the sidewalks and such adjacent areas. (excepting only those portions e) The Tenant shall not, by its act or omission, permit anything to occur in the Premises which shall be or shall result in a nuisance. (f) The Tenant shall promptly comply with the requirements of all laws at any time in force during the Term which affect the condition or use of the Building to be maintained by LandlordPremises. If the Tenant defaults under the provisions of this subsection, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and conditionthe Landlord may itself comply with the requirements of this subsection, and repair the Tenant shall within 20 business days pay 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 reasonable expenses incurred by the Landlord in or on so doing. (g) The Tenant shall heat the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject Building at its own expense to paragraph 16 hereof, repair all such temperature as may be necessary to prevent 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional RentBuilding, the monthly amortized cost of such replacement. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building Leasehold Improvements and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any timeTrade Fixtures.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c12(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 the Premises 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 repair 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 Paragraph 16 hereof, repair all damage to the Building or the Outside Areas Area caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and or the Outside AreasArea. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of for the HVAC system air conditioning, heating and ventilating systems installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheldLandlord (the “HVAC Contract”). Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC air conditioning, heating, and ventilating system. If this contractor finds deficiencies in the condition of the HVAC this system, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Notwithstanding the foregoing, during the first twelve (12) months of the Term of this Lease, Landlord shall pay to Tenant acknowledges that the amount of $2,635 per month (which amount represents the cost differential between an Airco standard HVAC system for service contract and an Airco “Guaranteed Lifetime Program” HVAC service contract) to cover a portion of the Building is operated cost of any HVAC Contract required to be maintained by a personal computer and related software located Tenant hereunder; provided, that, in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property lieu of Landlord making such payments to Tenant in cash each month during such 12-month period, an amount equal to $2,635 shall be credited against each monthly Additional Rent payment due and shall not be removed from the Building payable by Tenant, its Agents, or contractors at any timeTenant during such 12-month period.

Maintenance by Tenant. Subject Except for the items specifically set forth in Section 10 as Management’s obligations, neither Management nor Owner shall have any responsibility to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and at all times (whether repair 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, maintain any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain such being the Premises in good order, condition, and repair, 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, and repair 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct sole responsibility of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthlyshall, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, keep and after thirty (30) days notice pay the cost maintain all aspects and areas of the inspections Premises in good repair and in a sanitary, clean, and aesthetically pleasing condition. Tenant shall maintain the Premises in compliance with all applicable statutes, laws, ordinances, and regulations. In particular, but not by Landlord’s contractorway of limitation, Tenant shall keep the sinks, faucets, light fixtures, toilets, doors, locks, hardware carpeting, ceilings, flooring, windows, window coverings, interior walls, fences and fixtures in, or, or about the Premises in good and working condition and repair and shall keep the Premises free from all rubbish and debris. If no deficiencies are foundTenant shall use all fixtures, Landlord appliances, and facilities located at the Premises in a reasonable manner. Tenant shall pay for all damage to the cost Premises and repairs and maintenance required due to the use, misuse or negligence of Tenant or Tenant’s guests, agents, invitees, or licensees. Any failure by Tenant to comply with the terms of this Section 11 is a “misuse” of the inspectionsPremises. Tenant shall pay, as additional Rent, immediately upon Management’s request, all of Owner’s and Management’s costs and expenses resulting from any damage to the Premises and repairs and maintenance required due to the use, misuse or negligence of Tenant or Tenant’s guests, agents, invitees, or licensees immediately upon request from Management. If the Premises are not kept in the manner required by this Lease, then Management, or its agents, may enter the Premises without interference with Tenant’s possession of the Premises, and Management may then place the Premises, as applicable, in the same condition of repair and cleanliness as is necessary to comply with this Section, and Tenant shall pay, as additional Rent, Management’s and Owner’s expenses for such repairs and maintenance, and the amount of such expenses may be offset from the Security Deposit as provided in this Lease. The Premises are equipped with one or more smoke detection devices, and Tenant is responsible for replacing the batteries in those devices and must promptly report to Management any problems with, or maintenance or repairs needed in connection with such devices. In addition, Tenant is solely responsible for the conduct and safety of all inhabitants, guests, invitees, licensees, and trespasses. Tenant acknowledges and agrees that the HVAC system Management is not responsible for the Building is operated by a personal computer condition of the Premises and expressly and unconditionally agrees to release, hold harmless and indemnify Management for any causes of action arising out of this Lease, related software located in an electrical room in to the Building. Tenant further acknowledges that condition of the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, Premises or contractors at any timeregarding damage or injury to persons or property.

Maintenance by Tenant. Subject to Throughout the provisions of Paragraph 12(b) and (c)Term, throughout the Term Tenant shall, at its sole expense expense, subject to Paragraphs 5(a) 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)13(b) hereof, (1) keep and maintain in good order and condition the Premises including, without limitation, all Tenant Improvements, Alterations, utility meters, all special or supplemental HVAC systems, and electrical systems located within the Premises, all fixtures, furniture and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant's signs, locks, closing devices, security devices, interior windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Premises to the extent such facilities and appliances are intended for the exclusive use of Tenant, if any, custom lighting, and any alterations, additions and other property located within the Premises in good order, condition, first-class condition and repair, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior reasonable wear and exterior doors tear excepted 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)Tenant's Property, (2) keep and maintain in good order and condition, repair and repair 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 of Tenant's security systems in or on about or serving 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 hereofmaintain and replace all specialty lamps, repair bulbs, starters and ballasts. Tenant shall replace, at its expense, any and all damage to plate and other glass in and about the Building Premises which is damaged or the Outside Areas caused broken by the negligence or willful misconduct of Tenant or its agentsTenant, employees, contractors Tenant's Agents or invitees. Tenant’s obligation to maintain the Premises in good condition Such maintenance and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant repairs shall be responsible for the full cost of any replacement even if capital performed with due diligence, lien-free and in nature)a first-class and workmanlike manner, then if any replacements constitute a capital expenditure under generally accepted accounting principlesby licensed contractor(s) which are selected by Tenant and approved by Landlord, which approval Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacementnot unreasonably withhold or delay. Tenant shall not do nor shall Tenant allow Tenant's Agents to 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 recommendations of the HVAC system installed in the Premises and which is approved by LandlordPremises, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in or 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, its Agents, or contractors at any timeProject.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c), throughout the Term The Tenant shall, at its sole expense all times, keep the Leased Premises (including maintenance of exterior entrances, all glass, show window moldings and at frames, delivery doors and loading docks) and all times partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and equipment, sewer systems and any air-conditioning system exclusively serving the Leased Premises whether located inside or not such portion of outside 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 Leased Premises), (1) keep and maintain the Premises in good order, conditioncondition and repair (including reasonable periodic painting as determined by the Landlord), and repairdamage by unavoidable casualty excepted, 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 except for structural portions of the Building to Leased Premises, which shall be maintained by the Landlord. The Tenant further agrees to keep the inside and outside of all glass in doors and windows of the Leased Premises cleaned; to replace promptly at its own expense with glass of a like kind and quality any plate glass or window glass of the Leased Premises which may become cracked or broken; not to place or maintain any merchandise or other articles on the foot walk adjacent thereto or elsewhere on the exterior thereof; to maintain the Leased Premises in a clean, as provided orderly and sanitary condition and free of insects, rodents, vermin and other pests; not to permit accumulations of garbage, trash, rubbish, litter and other refuse in Paragraph 12(c) below)the Leased Premises and the immediately adjacent portion of the Shopping Center, (2) keep and maintain in good order and conditionto remove the same at its own expense, and repair 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 to keep such refuse in proper containers (or in trash room maintained by Tenant) on the exterior of the Leased Premises until called for it to be removed; to keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the confines of the Leased Premises; not to cause or permit objectionable odors to emanate or be dispelled from the Leased Premises; to comply with all laws and ordinances and all valid rules and regulations of any Federal, state, municipal or public authority having jurisdiction with respect to the Leased Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used to conduct its business in the PremisesLeased Premises in all respects in a dignified manner in accordance with high standards of store operation. In the event the Landlord is required to make repairs: (i) to structural portions of the Leased Premises by reason of Tenant's negligent acts or negligent omissions to act, or (3ii) subject to paragraph 16 hereof, repair all damage to the Building or Common Areas and Facilities of the Outside Areas caused Shopping Center by reason of the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct acts of Tenant, its employees or agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to Landlord may add the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal repairs to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c)Except as otherwise expressly provided in Section 9.1 above, throughout the Term Tenant shall, at its sole expense and shall at all times keep the entire Premises and every part thereof including all entrances and vestibules and all slabs, exterior walls, columns, beams, roof and all other structural and non-structural elements, partitions, windows and window frames and moldings, glass, doors, door openers, fixtures including leasehold improvements, equipment and appurtenances thereof (whether or not such portion including lighting, heating, electrical, plumbing (including applicable greasetraps), life safety, security systems, duct work, ventilating, air conditioning fixtures and systems, and any other component of the Premises requiring repairs, or HVAC system within the means of repairing the same, are reasonably or readily accessible to TenantPremises, 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), (1other mechanical equipment and appurtenances) keep and maintain the Premises in good order, condition, and repair, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior all other parts of the Premises, (excepting only those portions and parts of Tenant’s Work not on the Building Premises, if any, not required herein to be maintained by Landlord, as provided in Paragraph 12(c) below)good order, condition and repair and clean, orderly, sanitary and safe, damage by unavoidable casualty and repairs that are occasioned by the willful misconduct and/or gross negligence of Landlord excepted, (2) keep including, but not limited to, doing such things as are necessary to cause the Premises to comply with applicable laws, ordinances, rules, regulations and maintain in good order orders of governmental and conditionpublic bodies and agencies, such as but not limited to OSHA). If replacement of equipment, fixtures and appurtenances thereto is necessary to comply with the prior sentence, Tenant shall replace the same with new or completely reconditioned equipment, fixtures and appurtenances, and repair 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 damages done in or by such replacement. Without limiting the foregoing and if applicable, Tenant shall, at Tenant’s expense and at such times as Landlord deems appropriate, utilize Landlord’s designated contractor (so long as its charges are commercially reasonable) to clean any kitchen exhaust systems and ducts on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) . All such work shall be performed subject to paragraph 16 hereofLandlord’s standards and Tenant shall, repair all damage following each such cleaning, provide Landlord with photographs and other certificates and receipts satisfactory to the Building or the Outside Areas caused by the negligence or willful misconduct of Landlord evidencing that such cleaning has been conducted. If Tenant or its agents, employees, contractors or invitees. fails to perform Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein obligations hereunder within five (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved 5) days after written demand by Landlord, which approval Landlord without further notice may, but shall not be unreasonably withheld. Landlord reserves the right obligated to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Tenant agrees to make all repairs and corrections within a reasonable period of time at perform Tenant’s expenseobligations or perform work resulting from Tenant’s acts, actions or omissions and after thirty (30) days notice pay add the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for same to the cost next installment of the inspections. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located Minimum Monthly Rent due hereunder to be repaid 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, its Agents, or contractors at any timefull.

Maintenance by Tenant. Subject Tenant agrees to keep the premises and appurtenances thereto including all glass and doors, including all Leasehold improvements made by Landlord or Tenant in good repair, free from filth, overloading, and danger of fire or any nuisance. Tenant shall pay for those failures or damages caused by its neglect or misuse. At the expiration or other termination of this Lease, Tenant shall return to the provisions of Paragraph 12(b) premises to Landlord in as good condition as when received by Tenant, except only for usual wear and use, damage by fire, or other casualty, condemnation, Hazardous Substances (cother than those released or emitted by Tenant), throughout and alterations or other interior improvements which it is permitted to surrender at the Term Tenant shall, at its sole expense and at all times (whether or not such portion termination of the Premises requiring repairs, or Lease. Except for the means of repairing the same, obligations which are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s useresponsibility pursuant to the preceding sentence, any prior use, the elements, or the age of such portion of the Premises), (1) Landlord shall keep and maintain the Premises and the Building in good working order. In addition, conditionLandlord will provide electricity, water, sewer, gas, elevator, janitorial, and HVAC service to the Premises at the same levels provided to similar office buildings in the area. Notwithstanding anything to the contrary herein, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, including but not limited maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Building, or their respective agents, employees or contractors, (b) for which Landlord has a right of reimbursement from others, (c) to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior structural portions of the Premises, (excepting only those portions of the Building to d) which could be maintained by Landlord, treated as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, and repair 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’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if a “capital in nature), then if any replacements constitute a capital expenditure expenditure” under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal (e) to the prime rate then published by the Wall Street Journalheating, plus one percent (1%)ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises and the Building, and (f) to any portion of the Building outside of the demising walls of the Premises. Notwithstanding the foregoing, Tenant shall pay Landlord monthly, as Additional Rent, for its share of the monthly amortized cost of such replacement. Tenant shall not do anything to cause any damage, deterioration or unsightliness repairs described in subsections (d) - (f) to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed extent such costs are properly included in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any timeOperating Expenses.

Maintenance by Tenant. Subject to The TENANT shall be wholly responsible for 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 routine interior maintenance of the Premises requiring repairsleased premises, and will keep them in as good condition as when originally occupied by TENANT, reasonable wear and tear and damage by fire and the elements excepted; and will keep them in an orderly, clean and sanitary condition as required by the laws and ordinances applicable thereto; will neither do nor permit to be done therein anything which is in violation of the terms of insurance policies on said building or the means of repairing the samelaws or ordinances applicable thereto; will neither commit nor suffer waste in said premises and will pay for all glass, are reasonably broken by its fault or readily accessible to Tenantanothers, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, negligence or the age fault or negligence of such portion its employees, invitees, customers or agents. It is agreed that the routine maintenance and repair obligations of the Premises), (1) keep and maintain the Premises in good order, condition, and repair, including but not limited TENANT hereunder shall extend to glass, windows, window frames, door closers, locks, storefronts, all interior and exterior doors and door frames, and the interior of the Premises, (excepting only those pans or portions of the Building to be maintained by Landlordleased premises including glass, as provided in Paragraph 12(c) below), (2) keep entrance and maintain in good order overhead garage doors and conditionrelated hardware, and repair including all utility lightingportions of the heating, air conditioning, plumbing, sprinklers, electrical and plumbing systemsmechanical fixtures, fixtures and equipment, including without limitationconnections and appurtenances, 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 except as such items may be covered by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacementsmanufacturer warranties; provided, however, it is understood and agreed that so long as all such items shall be of good quality and in operating condition at the commencement of this Lease. Landlord will warranty all existing mechanical equipment in the demised premise until August 31, 2007, TENANT shall at all times keep the leased premises in a neat and clean condition and free from garbage, ashes, waste and accumulation of rubbish or filth, and all garbage, waste, and rubbish shall be removed promptly by TENANT at its own expense. TENANT shall keep the sidewalks directly adjoining the leased premises swept and free from ice and snow and other obstructions. In the event the TENANT fails to perform any such replacement act required of TENANT under this Lease after receiving written notice from LANDLORD, the LANDLORD may, in addition to any other remedy provided herein, perform or satisfy the obligation of TENANT which is not required in default and the reasonable cost thereof shall become an amount immediately due from the TENANT to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, LANDLORD with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one Ten percent (110%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. 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 recommendations of the HVAC system installed in the Premises and which is approved by Landlord, which approval shall not be unreasonably withheld. Landlord 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, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any timeper annum until paid.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(bParagraphs 12(c) and (c12(d), 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 the Premises 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 repair 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 Paragraph 16 hereof, repair all damage to the Building or the Outside Areas which is caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to shall maintain and pay for at all times during the Term of this Lease (including the Warranty Period (defined below)), at Tenant’s expense, a service contract for the maintenance and repair of the HVAC system serving the Building which meets the manufacturer’s recommendations of the HVAC system installed in the Premises therefor and which contract is approved by Landlord, which approval shall not be unreasonably withheld. Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this the HVAC contractor finds any deficiencies in the condition of the HVAC system, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are foundfound in the condition of the HVAC system, Landlord shall pay for the cost of the inspections. Tenant acknowledges that the 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, its Agents, or contractors at any time.