Common use of Maintenance by Tenant Clause in Contracts

Maintenance by Tenant. Tenant shall at all tunes maintain the Premises and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (including lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or 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 which protrude through the roof of the Premises in good order, appearance, 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 be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of Tenant, and Tenant shall be obligated forthwith within ten (10) days of written demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3.

Maintenance by Tenant. Tenant shall at all tunes maintain times keep the Leased Premises and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (including but not limited to electrical, lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or Tenant solely serving the Premises and including leaks around ducts, pipes, vents or other parts of the heating, air conditioning, ventilating HVAC and plumbing equipment, lines and equipment or systems that solely serve servicing only the Premises which protrude through the roof of the Premises Leased Premises), all Tenant Improvements and other alterations made by Tenant and those items set forth on Schedule 3.1 attached hereto in good order, appearance, condition and repair, reasonable wear and tear excepted. Tenant shall provide Landlord with evidence at such times as set forth on Schedule 3.1 and at such other times as may be reasonably requested by Landlord, including all necessary replacements of any and all of said facilities. Anything in the foregoing to the contrary notwithstanding. Landlord shall maintain those portionsextent applicable, if anyservice contracts, of any fire protection systems that jointly serve the Premises invoices, payment records, preventative maintenance logs and any reports and 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 be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of Tenant, and Tenant shall be obligated forthwith within ten (10) days of written demand records reasonably requested by Landlord, to evidence that Tenant is timely performing its obligations in a good and workmanlike manner. Landlord shall be provided with reasonable access to the Leased Premises from time to time to verify Tenant’s compliance with the maintenance, repair and replacement obligations. If Tenant refuses or neglects to repair as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may access the Leased Premises and may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s property or to Tenant’s business by reason thereof and upon completion thereof, Tenant shall pay to Landlord’s costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of a xxxx therefore, as Additional Rent hereunderadditional rent. When used in this section, the term “repairs” shall include replacements and renewals when necessary and all such repairs shall be equal in quality and class of original work. For the avoidance of doubt, all such expenses repairs to be completed and paid and/or incurred for by Landlord, plus ten percent (10%) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the Term of the Lease, to maintain in full force and effect, a HVAC System maintenance and service agreement and a pest control contract, as set forth above and in each case with a contractor and under a service agreement reasonably acceptable Schedule 3.1 will not be included in Common Area costs pursuant to Landlord, If Tenant shall fail to enter into or to maintain in full force and effect or to pay for such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 35.5.

Maintenance by Tenant. Except as provided in Paragraph 12.2 below, Tenant shall shall, at all tunes maintain Tenant's sole cost and expense, keep in the Premises same condition, maintenance and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof repair as when received on the Commencement Date (including lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or 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 which protrude through the roof of the Premises in good order, appearance, condition and repair, reasonable wear and tear excepted), the interior of the Premises and every part thereof that solely serves the Premises, including all necessary replacements of any without limitation, the doors, entrances, vestibules, window casements and all of said facilitiesglass, showcases, skylights, glazing, plumbing pipes, electrical, wiring and conduits. Anything Tenant shall also at its sole cost and expense, keep in the foregoing same condition, maintenance and repair as when received on the Commencement Date (reasonable wear and tear excepted) package units of heating and air conditioning system if no Central Plant is installed (or if such package units are installed to service the contrary notwithstandingPremises in addition to a Central Plant). Damage thereto by fire, earthquake or other casualty, act of God, or the elements shall be governed by PARAGRAPH 22 below. Tenant shall obtain service contracts for the maintenance of the HV/AC package units and other building systems solely servicing the Premises (but not the Central Plant which Landlord shall maintain those portions, if any, of any fire protection systems that jointly serve pursuant to Paragraph 12.2 below) on at least a quarterly basis. If Tenant does not maintain the Premises as required hereunder promptly and any other leased premises in the Village Center. Should Tenant fail to perform any such maintenance or to make any such repairs or replacementsadequately, then. Landlord may, but need not, do so and Tenant shall not be obligated to, perform such maintenance and/or upon demand pay Landlord's cost therefor. Tenant hereby waives all right to make such repairs and/or replacements for, on behalf of, and at the expense of TenantLandlord as provided under any law, statute, or ordinance now or hereafter in effect. Subject to PARAGRAPH 22, Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as when received, broom clean, ordinary wear and tear, and Tenant shall be obligated forthwith within ten (10) days of written demand by Landlord, to pay to Landlord, as Additional Rent Alterations permitted hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3excepted.

Maintenance by Tenant. Throughout the Term, Tenant shall shall, at all tunes its sole expense, subject to Paragraphs 5(a) and 13(b) hereof, (1) keep and maintain in good order and condition the Premises and Tenant’s Property, (2) keep and maintain in good order and condition as well as repair and replace all floors coveringsof Tenant’s security systems in or about or serving the Premises, ceiling title (3) maintain and gridreplace all specialty lamps, bulbs, starters and ballasts in the Premises, (4) maintain the regular removal of trash from the Premises by undertaking normal interior wallscleaning and janitorial services ensuring the good, partitionsorderly and sanitary condition of the Premises and Tenant’s property and (5) maintain, doors, windows repair and glass, fixtures, equipment and appurtenances thereof (including lighting, plumbing fixtures and replace any heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or Tenant solely air conditioning exclusively serving the Premises and including leaks around ducts(the “Premises HVAC”). To the extent any repairs or replacements required to be made by Tenant hereunder constitute a Capital Expenditure, pipes, vents or other parts of the heating, air conditioning, ventilating and plumbing systems that solely serve the Premises which protrude through the roof of the Premises in good order, appearance, 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 be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of reimburse Tenant, and Tenant shall be obligated forthwith within ten (10) days following demand, a fraction of written demand by LandlordTenant’s actual out-of-pocket costs for such Capital Expenditure, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent the numerator of which shall equal the estimated useful life (10%in months) of such expenses for overhead and supervision. In addition Capital Expenditure minus the number of months remaining in the Term subsequent to the foregoingCapital Expenditure, and the denominator of which shall be the estimated useful life (in months) of such Capital Expenditure. For purposes of this Lease, a “Capital Expenditure” means any expenditure for the acquisition of fixed or capital assets with respect to, or additions to, the Premises (including replacements, capitalized repairs and improvements) which are required to be capitalized under generally accepted accounting principles. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during times shall keep in place a maintenance contract for the Term regular maintenance 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s option, tenant shall be in default hereunder and Premises HVAC. Landlord shall have the right in addition, and without prejudice transfer all Premises HVAC warranties 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 within thirty (30) days of the Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with not do nor shall Tenant allow Tenant’s Agents to do anything to cause any damage, deterioration or unsightliness to the generator, elevator and security system as provided in Article 3Premises or the Building.

Maintenance by Tenant. The Tenant shall shall, at all tunes maintain times, keep the Leased Premises (including maintenance of exterior entrances, all glass, show window moldings and frames, delivery doors and loading docks) and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and heatingequipment, air conditioning, ventilating, electrical sewer systems and fire detection and protection systems installed by Landlord or Tenant solely any air-conditioning system exclusively serving the Leased Premises and including leaks around ducts, pipes, vents whether located inside or other parts of outside the heating, air conditioning, ventilating and plumbing systems that solely serve the Premises which protrude through the roof of the Premises Leased Premises) in good order, appearance, condition and repairrepair (including reasonable periodic painting as determined by the Landlord), reasonable wear and tear damage by unavoidable casualty excepted, including except for structural portions of the Leased Premises, which shall be maintained by the Landlord. The Tenant further agrees to keep the inside and outside of all necessary replacements 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, 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 the Leased Premises and the immediately adjacent portion of the Shopping Center, to remove the same at its own expense, and 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 all of said facilities. Anything to conduct its business in the foregoing Leased 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 (ii) to the contrary notwithstanding. Landlord shall maintain those portions, if any, Common Areas and Facilities of any fire protection systems that jointly serve the Premises and any other leased premises in Shopping Center by reason of 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 be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense acts of Tenant, and Tenant shall be obligated forthwith within ten (10) days of written demand by Landlordits employees or agents, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) the Landlord may add the cost of such expenses for overhead and supervision. In addition repairs to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3Rent.

Maintenance by Tenant. Tenant shall shall, at Tenant’s expense, at all tunes maintain times keep the Premises and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (including lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or 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 which protrude through the roof of the Premises thereto in good order, appearancecondition, condition and repair, reasonable wear clean, sanitary, and tear exceptedsafe, including the replacement of equipment, fixtures and all necessary replacements broken glass (with glass of the same size and quality), and shall, in a manner reasonably satisfactory to Landlord, decorate and paint the Premises at least once every five (5) years to maintain at all times a clean and sightly appearance. Tenant shall be responsible for the cleaning and removal of all spider webs and mold, as well as the repair of any cracks or breakage of the windows. If Tenant fails to perform any of its obligations as required within ten (10) days after notification thereof, Landlord may, but shall not be required to, perform and satisfy same with Tenant hereby agreeing to reimburse Landlord, as Additional Rent, for the cost thereof (including any overhead and administrative fees) promptly upon demand which demand shall include reasonable documentation thereof. Tenant shall make any and all of said facilities. Anything in additions, improvements, alterations, and repairs to or on the foregoing Premises required to the contrary notwithstanding. Landlord shall maintain those portionsaccommodate Tenant’s business operation (including, if anywithout limitation, of all modifications to any fire protection systems sprinkler system located within the Premises), that jointly serve may at any time during the Premises and Lease Term be required or recommended by any other leased premises in the Village Center. Should Tenant fail to perform any such maintenance lawful authorities, insurance underwriters, Inspection Rating Bureaus, or to make any such repairs or replacements, theninsurance inspectors designated by Landlord. Landlord may, but shall not be obligated to, perform deal directly with any authorities respecting their requirements for additions, improvements, alterations, or repairs. Landlord’s approval of plans and specifications shall not create any responsibility on the part of Landlord for their accuracy, sufficiency or compliance with applicable laws, rules or regulations. All such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of Tenant, and Tenant work shall be obligated forthwith within ten (10) days of written demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such expenses for overhead performed in a good and supervision. In addition to workmanlike manner in accordance with the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 requirements set forth in Section 3.06 hereof7.01. Landlord represents thatAll Tenant’s work and all such additions, to improvements, and alterations thereto shall become the best of Landlord’s knowledge, as property of the Commencement Date, Landlord upon the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3expiration or earlier termination of this Lease.

Maintenance by Tenant. Tenant The TENANT shall at be wholly responsible for the routine interior maintenance of the leased 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 laws or ordinances applicable thereto; will neither commit nor suffer waste in said premises and will pay for all tunes maintain the Premises and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixturesbroken by its fault or anothers, equipment negligence or the fault or negligence of its employees, invitees, customers or agents. It is agreed that the routine maintenance and appurtenances thereof (repair obligations of the TENANT hereunder shall extend to all interior pans or portions of the leased premises including lightingglass, plumbing fixtures entrance and heatingoverhead garage doors and related hardware, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or Tenant solely serving the Premises and including leaks around ducts, pipes, vents or other parts all portions of the heating, air conditioning, ventilating plumbing, sprinklers, electrical and plumbing systems mechanical fixtures, equipment, connections and appurtenances, except as such items may be covered by manufacturer warranties; provided, however, it is understood and agreed that solely serve all such items shall be of good quality and in operating condition at the Premises which protrude through the roof commencement of the Premises in good order, appearance, condition and repair, reasonable wear and tear excepted, including this Lease. Landlord will warranty all necessary replacements of any and all of said facilities. Anything existing mechanical equipment in the foregoing to demised premise until August 31, 2007, TENANT shall at all times keep 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 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 Village Centersidewalks directly adjoining the leased premises swept and free from ice and snow and other obstructions. Should Tenant fail In the event the TENANT fails to perform any such maintenance or to make any such repairs or replacementsact required of TENANT under this Lease after receiving written notice from LANDLORD, then. Landlord the LANDLORD may, but shall not be obligated toin addition to any other remedy provided herein, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, or satisfy the obligation of TENANT which is in default and the reasonable cost thereof shall become an amount immediately due from the TENANT to the LANDLORD with interest thereon at the expense of Tenant, and Tenant shall be obligated forthwith within ten (10) days of written demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten Ten percent (10%) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3per annum until paid.

Maintenance by Tenant. 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 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 (other than those released or emitted by Tenant), and alterations or other interior improvements which it is permitted to surrender at all tunes the termination of the Lease. Except for the obligations which are Tenant’s responsibility pursuant to the preceding sentence, Landlord shall keep and maintain the Premises and all floors coveringsthe Building in good working order. In addition, ceiling title Landlord will provide electricity, water, sewer, gas, elevator, janitorial, and gridHVAC service to the Premises at the same levels provided to similar office buildings in the area. Notwithstanding anything to the contrary herein, interior wallsLandlord shall perform and construct, partitionsand Tenant shall have no responsibility to perform or construct, doorsany repair, windows and glassmaintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Building, fixturesor their respective agents, equipment and appurtenances thereof employees or contractors, (including lightingb) for which Landlord has a right of reimbursement from others, plumbing fixtures and (c) to the structural portions of the Premises, (d) which could be treated as a “capital expenditure” under generally accepted accounting principles, (e) to the heating, ventilating, air conditioning, ventilatingelectrical, electrical water, sewer, and fire detection and protection plumbing systems installed by Landlord or Tenant solely serving the Premises and including leaks around ductsthe Building, pipes, vents or other parts and (f) to any portion of the heating, air conditioning, ventilating and plumbing systems that solely serve the Premises which protrude through the roof Building outside of the Premises demising walls of the Premises. Notwithstanding the foregoing, Tenant shall pay for its share of the repairs described in good order, appearance, condition and repair, reasonable wear and tear excepted, including all necessary replacements of any and all of said facilities. Anything in the foregoing subsections (d) - (f) 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 extent such costs are properly included 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 be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of Tenant, and Tenant shall be obligated forthwith within ten (10) days of written demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the 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 such contract and falls to cure the same within the applicable cure period, then, at Landlord’s 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 Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3Operating Expenses.

Maintenance by Tenant. Tenant shall at all tunes maintain the Premises and all floors coveringsIf, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (including lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed as a result of any drawing by Landlord or Tenant solely serving on the Premises and including leaks around ductsLetter of Credit, pipes, vents or other parts the amount of the heating, air conditioning, ventilating and plumbing systems that solely serve the Premises which protrude through the roof Letter of the Premises in good order, appearance, 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 be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of Tenant, and Tenant Credit shall be obligated forthwith less than the Letter of Credit Amount, Tenant shall, within ten (10) days thereafter, provide Landlord with additional letter(s) of written demand credit in an amount equal to the deficiency, and any such additional letter(s) of credit shall comply with all of the provisions of this Article 21, and if Tenant fails to comply with the foregoing, notwithstanding anything to the contrary contained in Article 19 above, the same shall constitute an incurable default by LandlordTenant. Tenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Landlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. Without limiting the generality of the foregoing, if the Letter of Credit expires earlier than the LC Expiration Date. Landlord will accept a renewal or replacement thereof (such renewal or replacement letter of credit to pay be in effect and delivered to Landlord, as Additional Rent hereunderapplicable, all such expenses paid and/or incurred by Landlord, plus ten percent not later than thirty (10%30) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or days prior to the Commencement Date to enter into, and at all time during the Term expiration of the LeaseLetter of Credit), which shall be irrevocable and automatically renewable as above provided through the LC Expiration Date upon the same terms as the expiring Letter of Credit or such other terms as may be acceptable to Landlord in its sole discretion. However, if the Letter of Credit is not timely renewed, or if Tenant fails to maintain the Letter of Credit in full force and effect, a HVAC System maintenance and service agreement and a pest control contract, the amount and in each case accordance with a contractor and under a service agreement reasonably acceptable to Landlordthe terms set forth in this Article 21, If Tenant shall fail to enter into or to maintain in full force and effect or to pay for such contract and falls to cure the same within the applicable cure period, then, at Landlord’s option, tenant shall be in default hereunder and Landlord shall have the right to present the Letter of Credit to the Bank in additionaccordance with the terms of this Article 21, and without prejudice to all other rights and remedies available to Landlord, to contract for such services on Tenant’s behalf and the proceeds of the Letter of Credit may be applied by Landlord against any Rent payable by Tenant under this Lease that is not paid when due and/or to pay for all losses and damages that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any sums due to maintain such contract in force, breach or default by Tenant under this Lease. Any unused proceeds shall constitute the property of Landlord and Tenant shall need not be obligated, forthwith upon demand, segregated from Landlord’s other assets. Landlord agrees to pay to Landlord as Additional Rent Tenant within thirty (30) days after the total sum LC Expiration Date the amount of expenses so incurred any proceeds of the Letter of Credit received by Landlord plus interest thereon from the date and not applied against any Rent payable by Tenant under this Lease that was not paid when due or used to pay for any losses and/or damages suffered by Landlord (or reasonably estimated by Landlord that it will suffer) as a result of payment at the rate set forth in Section 3.06 hereof. Landlord represents thatany breach or default by Tenant under this Lease; provided, however, that if prior to the best LC Expiration Date a voluntary petition is filed by Tenant, or an involuntary petition is filed against Tenant by any of LandlordTenant’s knowledgecreditors, as under the Bankruptcy Code, then Landlord shall not be obligated to make such payment in the amount of the Commencement Date, the HVAC System is unused Letter of Credit proceeds until either all preference issues relating to payments under this Lease have been resolved in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3such bankruptcy or reorganization case or such bankruptcy or reorganization case has been dismissed.