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 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.

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 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 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)Tenant’s Property, (2) keep and maintain in good order and condition, condition as well as 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 the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in about or serving the Premises, (3) subject to paragraph 16 hereofmaintain and replace all specialty lamps, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agentsbulbs, employees, contractors or invitees. Tenant’s obligation to maintain the Premises starters and ballasts 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, (4) maintain the regular removal of trash from the Premises by undertaking normal interior cleaning and janitorial services ensuring the good, orderly and sanitary condition of the Premises and Tenant’s property and (5) maintain, repair and replace any heating, ventilating, air conditioning exclusively serving the Premises (the “Premises HVAC”). To the extent any repairs or any portion thereofreplacements required to be made by Tenant hereunder constitute a Capital Expenditure, in good condition and repair as required herein Landlord shall reimburse Tenant, within ten (10) days following demand, a fraction of Tenant’s actual out-of-pocket costs for such Capital Expenditure, the numerator of which shall equal the estimated useful life (in which event, subject months) of such Capital Expenditure minus the number of months remaining in the Term subsequent to the provisions Capital Expenditure, and the denominator of paragraph 16 below, Tenant which shall be responsible the estimated useful life (in months) of such Capital Expenditure. For purposes of this Lease, a “Capital Expenditure” means any expenditure for the full cost acquisition of any replacement even if fixed or capital in nature)assets with respect to, then if any replacements constitute a capital expenditure or additions to, the Premises (including replacements, capitalized repairs and improvements) which are required to be capitalized under generally accepted accounting principles, . Tenant at all times shall keep in place a maintenance contract for the regular maintenance of the Premises HVAC. Landlord shall complete transfer all Premises HVAC warranties to Tenant within thirty (30) days of 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 replacementCommencement Date. 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 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 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 time.

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 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 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 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 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 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)expense, (1) keep and maintain the Premises in good order, conditionorder and condition the Building, and repairrepair and replace every part thereof, including but not limited to glass, windows, window frames, door closerswindow casements, locks, storefrontsskylights, interior and exterior doors doors, door frames and door framesclosers; interior lighting (including, without limitation, light bulbs and ballasts), the portions of the plumbing and electrical systems located in or exclusively serving the Premises, all communications systems serving the Building, Tenant’s signage, interior demising walls and partitions, equipment, interior painting and interior walls and floors, and the interior of roll-up doors, ramps and dock equipment, including, without limitation, dock bumpers, and dock lights located in or on the Premises, Building (excepting only those portions of the Building or the Project to be maintained by Landlord, as provided in Paragraph 12(c13(b) 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 PremisesBuilding, and (3) subject to paragraph 16 hereofkeep and maintain in good order and condition, repair and replace all damage of Tenant’s security systems in or about or serving the Building and, except to the extent that Landlord notifies Tenant in writing of its intention to arrange for such monitoring, cause the fire alarm systems serving the Building to be monitored by a monitoring or the Outside Areas caused protective services firm approved by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises Landlord 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 replacementwriting. Tenant shall not do nor shall Tenant allow Tenant’s Agents to do anything to cause any damage, deterioration or unsightliness to the Premises, the Building and or the Outside AreasProject. Notwithstanding the foregoing, Tenant agrees shall have no responsibility to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in repair any damage to the Premises and caused solely by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, which is approved not covered by Landlord, which approval shall not be unreasonably withheld. Landlord reserves the right insurance that Tenant is required to hire a licensed HVAC contractor to inspect annually the HVAC system. If carry under this contractor finds deficiencies Lease or otherwise has 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 timeeffect.

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 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.