Common use of Maintenance of Demised Premises Clause in Contracts

Maintenance of Demised Premises. (a) Tenant shall keep the non-structural elements of the demised premises, and all doors, windows and glass in and about the demised premises (including, without limitation, all Fixtures and supplemental HVAC equipment within the demised premises or serving the demised premises), in good condition and repair, free of vermin and, upon expiration or earlier termination of the Term, Tenant shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear and damage due to fire or other casualty excepted. Tenant’s obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the demised premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms of this lease, shall be performed by Landlord at Tenant’s expense. (b) Tenant shall not commit or allow to be committed any waste or damage to any portion of the demised premises or the Building. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to , Landlord reasonably determines that any capital improvement, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.

Maintenance of Demised Premises. Except with respect to damage caused by the negligence or other acts of Lessor and/or Lessor’s agents, vendors, contractors, members, officers, directors, shareholders and employees (acollectively, “Lessor’s Agents”) Tenant Lessee, at Lessee’s sole cost and expense, shall keep the non-structural elements Demised Premises, including all portions of the demised premisesbuilding, landscaping and all doors, windows and glass in and about the demised premises (including, without limitation, all Fixtures and supplemental HVAC equipment within the demised premises or serving the demised premises)equipment, in good condition and repair, free of vermin and, upon expiration or earlier termination of repair throughout the Term, Tenant shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear and damage due to fire or other casualty the effects of time excepted. Tenant; provided, however, that Lessee’s obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the demised premises or anywhere in the Building. Any liability for any item of maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms shall be limited as set forth in Article VIII of this leaseLease. Lessor, at Lessor’s sole cost and expense, shall be performed responsible to repair or remedy damage caused by Landlord at Tenantthe negligence or other acts of Lessor and Lessor’s expense. agents, contractors, vendors, invitees, and employees. In the event Lessor fails to remedy such damage as required above within twenty (20) days’ after receipt of notice form Lessee or in the event of an emergency, Lessee may make such repairs and Lessor will reimburse Lessee for such costs within thirty (30) days’ after receipt of the xxxx and if Lessor fails to reimburse Lessee, Lessee within such thirty (30) days, Lessee may deduct the cost from the next due Basic Rent payment. Notwithstanding anything in this Lease to the contrary, Lessor shall have the right, but not the obligation, to take such actions as are reasonably necessary to prevent or mitigate damages or injury to persons or property arising out of the need for Lessee to make repairs or maintain the Demised Premises but only where (a) an emergency exists, or (b) Tenant any delay or further delay in taking action would likely result in irreparable harm and/or cause, increase or compound damages or injury to persons or property. Lessor shall not commit or allow promptly give notice to be committed any waste or damage to any portion the Lessee of its exercise of the demised premises or foregoing right. Lessee shall reimburse Lessor the Building. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which actual costs and expenses incurred in taking such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to , Landlord reasonably determines that any capital improvement, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment actions within thirty (30) days after demand therefor andreceipt of a statement therefore. Any such amounts due will be deemed additional rent. Lessee further agrees to replace (with systems of equal usable years remaining from lease commencement) all systems, if Tenant shall fail to do soafter the termination of this Lease, Landlord shall have including the rightroof, among all other remedies available to it at law or in equityHVAC, parking lot and exterior of the building. Lessee also agrees, within twenty-four (24) months after the Lease Commencement Date, to terminate this lease upon thirty (30) days noticemake necessary repairs using contractors selected by Lessee presented to Lessee as “Immediate Repairs & Deferred Maintenance Cost Opinion” on April 13, 2020. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.

Maintenance of Demised Premises. (a) Tenant shall keep 7.1. From and after the non-structural elements date that possession of the demised premisesleased property is delivered to Tenant, and until the end of the term of this Lease, Tenant shall, at its sole cost, keep neat and clean and maintain in good order, condition and repair the leased property and every part thereof in substantially the same condition as existed at the Commencement Date, normal wear and tear excepted, including, without limitation, the exterior and interior portions of all doors, windows and plate glass in surrounding the leased property, fixtures and about the demised premises interior walls, floors, ceilings, signs (includingincluding exterior signs where permitted), without limitationand all wiring, all Fixtures heating, air conditioning and supplemental HVAC equipment electrical systems, sprinkler systems within the demised premises or serving leased property, interior building appliances and similar equipment, all plumbing and sewage facilities within the demised premises), in good condition and repair, leased property including the free of vermin and, upon expiration or earlier termination of flow up to the Term, main sewerline. Tenant shall surrender keep the same leased property and any part and portion thereof in a tenantable and attractive condition through-out the term of this Lease, and consistent with the terms hereof. Tenant further agrees to Landlord keep and maintain the leased property in the same condition as when first occupieda clean, reasonable sanitary and safe condition, normal wear and tear excepted, in accordance with state and damage due local law, provided, however, that in no event shall Tenant be liable for the failure of the leased property to fire comply with the state or other casualty excepted. Tenant’s obligation shall include, without limitation, the obligation local law if such failure to repair all damage caused by Tenant, its agents, employees, invitees and licensees comply occurred prior to the equipment Commencement Date and other installations in the demised premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms of this lease, shall be performed by Landlord at Tenant’s expensecontinued thereafter. (b) 7.2. Tenant shall not commit make alterations, improvements and/or additions to the leased property (“Tenant Improvements”) or allow to be committed sell or otherwise transfer any waste or damage to any portion of the demised premises leased property or the Building. appurtenances therein (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to , Landlord reasonably determines that any capital improvement, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business other than in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (iordinary course of business) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (lesswithout first obtaining, in each caseinstance, amounts previously expended for a Major CI) the prior written consent of Landlord (“Threshold”provided, however, that non-structural alterations, improvements and/or additions based on operational decisions are not subject to this provision). 7.3. Landlord, Landlord shall perform at its sole cost and expense, may make such Major CI and complete same as soon as reasonably practicable; and (ii) alterations, improvements and/or additions to the extent that Landlord’s Major CI Estimate exceeds the Thresholdleased property as Landlord deems appropriate, Landlord shall notify Tenant thereof and Landlord provided such improvements shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord materially interfere with Tenant’s Proportionate Share operation of the difference between Business unless Tenant so consents. 7.4. At the request of Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor andalterations, if improvements and/or additions to the leased property as Landlord deems appropriate, provided such improvements shall not materially interfere with Tenant’s operation of the Business unless Tenant so consents and Landlord funds all costs and expenses associated with such alterations, improvements and/or additions. 7.5. All additions, improvements, and fixtures which may be made or installed by either Landlord or Tenant upon the leased property during the term of this Lease, except for any additions, improvements, and fixtures made or installed by any lessee under a Shop Lease, shall remain upon the leased property, and at the termination of this Lease shall be surrendered with the leased property as a part thereof. 7.6. Upon any surrender of the leased property, Tenant shall fail redeliver the leased property to do so, Landlord shall have the right, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days noticeLandlord. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.

Maintenance of Demised Premises. (a) 4.1 Maintenance Obligations of Tenant. Tenant will be responsible and shall keep ---------------------------------- perform on a timely basis all maintenance, repairs and upkeep on the non-structural elements of Demised Premises, except for the demised premises, limited maintenance responsibilities retained by the Landlord hereunder. Such obligation to repair and all doors, windows and glass in and about the demised premises (including, without limitation, all Fixtures and supplemental HVAC equipment within the demised premises or serving the demised premises), in good condition and repair, free of vermin and, upon expiration or earlier termination of the Term, Tenant shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear and damage due to fire or other casualty excepted. Tenant’s obligation maintain shall include, without limitationbut shall not be limited to, the obligation to repair maintain the Demised Premises in a clean, orderly and sanitary condition, to perform or cause to be performed, at its expense, and in a timely fashion all damage caused by Tenantordinary and normal maintenance and servicing of all plumbing, its agentselectrical, employeesheating and air conditioning equipment and fixtures associated with the Demised Premises, invitees and licensees including but not limited to the replacement of light bulbs and air filters, and the replacement of any and all damaged or broken glass, plate or otherwise, from any cause whatsoever. Tenant shall further be responsible for the ordinary, customary or minor repair, maintenance and replacement of any and all plumbing, electrical, heating and air conditioning equipment located within the Demised Premises and all improvements associated with any "Tenant Improvements", as such are defined herein or as may be defined in any addendum to this Lease. Furthermore, the Tenant shall be responsible for all minor repairs associated with the structure, building and other installations Landlord Improvements, as such is defined herein. For definition purposes, repairs, maintenance and replacement of any one incident, in the demised premises amount of Five Hundred and 00/100 ($500.00) Dollars or anywhere less should be considered to be ordinary, customary or minor repairs and covered as Tenant's responsibility. Repairs, of any one incident in the Buildingamount of more than Five Hundred and 00/100 dollars should be considered major repairs and covered as Landlords responsibility. Any maintenance, repair or replacement Tenant agrees to provide Landlord with such evidence and records as Landlord may request from time to time to provide evidence that Tenant is fulfilling the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms of this lease, shall be performed by Landlord at Tenant’s expense. (b) Tenant shall not commit or allow to be committed any waste or damage to any portion of the demised premises or the Building. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4)maintenance requirements imposed hereunder. If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to , Landlord reasonably determines that any capital improvement, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”)Additionally, Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) be entitled to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share make periodic inspections of the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises)Demised Premises at commercially reasonable times. If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.'s initials ------------------

Maintenance of Demised Premises. 7.1 Lessor shall maintain and keep in good repair the roof over the Demised Premises and the structural portions of the exterior walls of the Demised Premises; however, (aI) Tenant Lessee shall be responsible for giving Lessor notice of the necessity for such maintenance and repairs; and (II) Lessee shall be financially responsible for damages to the roof or exterior walls caused by any act or omission of Lessee, its employees, agents, invitees, subtenants, assignees or contractors. Except as specifically provided herein, Lessor shall not be responsible for any maintenance, repairs or improvements of any kind, in, or upon the Demised Premises. Lessor's responsibility for effecting repairs as stated in this Article in no way precludes Lessee's reimbursement obligations defined in Article XII. Lessor hereby agrees to diligently seek to cure any and all uncompleted maintenance, repairs or improvements throughout the term of the lease. 7.2 Lessee shall keep and maintain in good order, condition and repair (which repair shall mean replace if necessary) the non-structural elements of the demised premisesDemised Premises and every part thereof, and all doors, windows and glass in and about the demised premises (including, without limitation, the exterior and interior portions of all Fixtures loading docks, doors, door checks, security gates, windows, glass, utility facilities, plumbing and supplemental HVAC equipment sewage facilities within the demised premises Demised Premises or under the floor slab including free flow up to the main sewer line; all heating and air-conditioning equipment and apparatus including exterior mechanical equipment exterior utility facilities and exterior electrical equipment serving the demised premises)Demised Premises; and all interior walls, floors and ceilings, including painting and adjacent sidewalks; and shall at all times comply with applicable building codes. Lessee shall contract for, in good condition its own name, and repairshall pay for; (a) a qualified service contractor to inspect, free of vermin andadjust, upon expiration or earlier termination of the Termclean and repair heating, Tenant shall surrender the same to Landlord in the same condition as when first occupiedventilating and air conditioning equipment, reasonable wear including changing filters on a quarterly basis, and tear and damage due to fire or other casualty excepted. Tenant’s obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the demised premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms of this lease, shall be performed by Landlord at Tenant’s expense. (b) Tenant a qualified service contractor to render pest control services to the Demised Premises. All such service contractors shall not commit or allow to be committed any waste or damage to any portion of the demised premises or the Building. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions prior written approval of Article 4)Lessor which shall not be unreasonably withheld, delayed or conditioned. If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out Upon delivery of possession of the Building requires special handlingDemised Premises, Tenant Lessor shall give Landlord reasonable prior notice thereof; and provide HVAC system in good working order. Lessor shall employ only persons holding provide Lessee a Master Rigger’s license to do such workletter from the contractor stating that the HVAC systems are in good working order upon occupancy. (d) If7.3 Lessee shall permit Lessor or its designees to erect, on or prior use, maintain and repair pipes, cables, conduits, plumbing, vents and wires in, to , Landlord reasonably determines that any capital improvement, capital repair or alteration to and through the demised premises or the BuildingDemised Premises, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) and to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) Lessor may now or hereafter deem to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to for the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% proper operation and maintenance of the amount of installments of Fixed Rent remaining Property. All such work shall be done, so far as practical, in such manner as to be paid by Tenant through the balance avoid interference with Lessee's use of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days noticeDemised Premises.

Maintenance of Demised Premises. (a) Tenant, at its sole cost and expense, beginning on the Commencement Date and continuing throughout the Lease term, shall maintain the Demised Premises (including any improvements erected or installed by Tenant on the Demised Premises), and shall keep the non-structural elements same in good order and condition, and irrespective of such guaranty shall make and perform all repairs and maintenance thereof (including inspecting and maintaining the HVAC units at least as often as suggested by the manufacturer, and the repair and maintenance of all driveways, pathways, private roadways, sidewalks, curbs, parking areas, loading areas, landscaped areas, entrances and passageways on the Demised Premises, and sealcoating the parking areas and drives, not less often than every 4 years, to maintain such areas in good order and condition, and shall remove all accumulated snow, ice and debris from any and all driveways, pathways, private roadways, sidewalks, curbs, parking areas, loading areas, entrances and passageways located in the Demised Premises, and keep all portions of the demised premisesDemised Premises in a clean and orderly condition free of snow, ice, dirt, rubbish, debris and unlawful obstructions), and all doorsnecessary maintenance repairs thereto, windows interior and glass exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. When used in and about the demised premises (including, without limitation, all Fixtures and supplemental HVAC equipment within the demised premises or serving the demised premisesthis Section 8.(a), "repairs" shall ------------- include all necessary replacements, renewals, alterations, additions and betterments, including interior and exterior painting, and all repairs shall be at least equal in good condition quality to the original work and repairshall be made in accordance with all applicable laws, free ordinances and regulations. The necessity for or adequacy of vermin andmaintenance and repairs shall be measured by the commercially reasonable standards which are appropriate for improvements of similar construction and class, upon expiration or earlier termination of the Term, provided that Tenant shall surrender the same in any event make all repairs necessary to Landlord in the same condition as when first occupied, reasonable wear and tear and avoid any structural damage due to fire or other casualty excepted. Tenant’s obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees or injury to the equipment and other installations in Landlord's Improvements. Landlord shall have the demised premises or anywhere in the Building. Any maintenanceright, repair or replacement from time to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation time to perform pursuant inspect to the terms of this lease, shall be performed by Landlord at Tenant’s expenseDemised Premises for compliance with those obligations. (b) Tenant shall not commit accomplish all maintenance for which it is responsible on a commercially reasonably timely basis; provided, however, that such maintenance shall be performed as promptly as circumstances necessitate if a hazardous or allow to be committed any waste or damage to any portion of the demised premises or the Buildingemergency situation exists. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcementExcept as otherwise set forth in this Lease, subject to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to , Landlord reasonably determines that any capital improvement, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of furnish any Major CI that benefits only the demised premises; services or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Threshold in the case of facilities or to make any Major CI that benefits the Building (whether repairs or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentencealterations in, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law about or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) Demises Premises or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; any improvements hereafter erected thereon and (ii) Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and all improvements hereafter erected thereon, and waives any right created by any law now or hereafter in force to, make repairs to the extent that Demised Premises or improvements hereafter erected thereon at Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify 's expense. (d) Tenant thereof and Landlord shall not be required do or suffer any waste or damage, disfigurement or injury to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Demised Premises, or any improvements hereafter erected thereon at Landlord’s Major CI Estimate and the Major CI Available Amount in the case of 's cost, or permit or suffer any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share overloading of the difference between floors or other use of the Landlord’s Major CI Estimate 's Improvements that would place an undue stress on the same or any portion thereof beyond that for which the same was designed pursuant to the Final Plans and Specifications; provided, however, that the Major CI Available Amount terms of this Section 8.(d) shall in no way be interpreted to limit the case ------------- rights of any Major CI that benefits the Building (whether or not including the demised premises)Tenant pursuant to Section 7 of this Lease. If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.---------

Maintenance of Demised Premises. (a) Tenant shall keep the non-structural elements of the demised premisesDemised Premises, and all doors, interior windows and glass partitions in and about the demised premises Demised Premises (including, without limitation, all Fixtures and supplemental HVAC equipment within the demised premises or serving the demised premises), equipment) in good condition and repair, free of vermin and, upon expiration or earlier termination of the Term, subject to Tenant’s right to remove its trade fixtures and other property under this Lease, Tenant shall surrender the same to Landlord in the same condition as when first occupiedbroom clean condition, reasonable wear and tear tear, casualty and damage due condemnation excepted (provided that Tenant shall remove any supplemental HVAC equipment and shall restore the area of such equipment to fire or other casualty exceptedthe condition existing prior to its installation). Without limiting the foregoing, Tenant shall keep the Demised Premises clean in a manner commensurate with the standards of first-class office buildings of similar age, located in El Paso, Texas. Tenant’s obligation shall include, without limitation, : (i) the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the demised premises Demised Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises Demised Premises and which is Tenant’s obligation to perform pursuant to the terms of this leaseperform, shall be performed by Landlord at Tenant’s expense. (b) Tenant shall not commit or allow to be committed any waste or damage to any portion of the demised premises or the BuildingIntentionally Omitted. (c) Tenant shall not place a load upon any floor of the demised premises Demised Premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). Landlord represents that the design maximum floor load of the Premises is 70 pounds per square foot live load (live load meaning the weight of furniture, equipment, people, supplies and the like, as distinguished from the weight of the building, secondary structures, and finishing materials). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to , Landlord reasonably determines that any capital improvement, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.

Maintenance of Demised Premises. A. Landlord shall maintain at its cost: the roof and exterior walls, excepting any doors or windows therein, common areas (aincluding parking lots and drives) Tenant shall keep the non-and any structural elements portions of the demised premises, Demised Premises; making repairs thereto becoming necessary during the initial term and all doors, windows and glass in and about the demised premises (including, without limitation, all Fixtures and supplemental HVAC equipment within the demised premises any renewal period unless occasioned by any act or serving the demised premises), in good condition and repair, free negligence of vermin and, upon expiration or earlier termination of the Term, Tenant shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear and damage due to fire or other casualty excepted. Tenant’s obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employeescontractors, invitees and licensees to the equipment and other installations invitees, or employees in the demised premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms of this lease, event such damage shall be performed repaired by Landlord at Tenant’s expense's sole cost and expense or in the event Landlord pays for such damage then Landlord shall be entitled to reimbursement from the Tenant within fifteen (15) days after Landlord invoices Tenant. (b) B. Tenant covenants and agrees to keep and maintain the Demised Premises and the fixtures and improvements therein in good order, condition and repair, and to make promptly all repairs or replacements becoming necessary during the initial term and any renewal period as extended including, but without limitations, repairs or replacements of windows, doors, glass ( which shall be replaced with glass of the same size and quality), electrical, plumbing and sewage lines and fixtures within the Demised Premises, and all heating, air conditioning, ventilating and refrigeration equipment and ducts and vents attached thereto within or which service the Demised Premises, interior walls, floor covering and ceilings, and all elevators, docks, conveyors, fire extinguishers and building appliances of every kind. All repairs and replacements made by Tenant shall not commit or allow to be committed any waste or damage to any portion of the demised premises or the Building. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject equal in quality to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior notice thereof; and shall employ only persons holding a Master Rigger’s license to do such original work. (d) If, on C. On default of Tenant in making any repairs or prior replacements required to be made by Tenant hereunder or in maintaining the Demised Premises, Landlord reasonably determines that any capital improvementmay, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord but shall not be required to, make such repairs or replacements or to perform such Major CI until and unless: (x) Tenant pays Landlord maintain the difference between Landlord’s Major CI Estimate Demised Premises for Tenant's account, and the Threshold in expenses thereof shall be payable by Tenant on demand, or at Landlord's election, together with the case next installment of any Major CI that benefits only Rent due hereunder. D. Landlord shall maintain at its cost the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share common areas including without limitation, the cost of lighting, cleaning, repairing, striping, sealing and snow plowing of the difference between Landlord’s Major CI Estimate walkways, drives, parking lots, service areas and the Threshold other common areas; exterior repairs; roof maintenance; service contracts; landscaping; and all other expenses paid in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance connection with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% operation of the amount Premises and property of installments of Fixed Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”Premises is a part.("Common Area Maintenance Charges"), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days notice.

Maintenance of Demised Premises. (a8.1 Landlord shall keep and maintain the HVAC system, the roof over the Premises and the structural portions of the exterior walls, all common hallways, parking areas, and any other common areas of the Property in good repair, provided that Tenant shall give Landlord prior notice of the necessity for such repairs and further provided that any damage thereto shall not have been caused by any act or negligence of Tenant, its employees, agents, invitees, subtenants, assignees or contractors, in which event such damage shall be promptly repaired by Tenant. Other than for Landlord’s negligent acts or omissions, in no event shall Landlord be liable for damages, or for lost business, or for injuries to person(s) or property arising from the Landlord’s failure to make such repairs, nor shall Landlord be liable for damages, for lost business, or for injuries to person(s) or property arising from defective workmanship or materials used in making such repairs. Except as specifically provided herein, Landlord shall not be responsible for any maintenance repairs or the making of any improvements of any kind in or upon the Premises. 8.2 Tenant shall keep the non-structural elements of the demised premisesand maintain in good order, condition, and all doorsrepair (which repair shall mean replace if necessary) the Premises and every part thereof, windows and glass in and about the demised premises (except as hereinbefore provided, including, without limitation, the exterior and interior portions of all Fixtures doors, door checks, windows, glass, utility facilities, plumbing and supplemental HVAC equipment sewage facilities within the demised premises Premises, interior walls, floors, and ceilings, including painting and carpeting, and all interior improvements, and shall, at all times, comply with applicable building codes. If Tenant refuses or serving the demised premises), in good condition and repair, free of vermin and, upon expiration neglects to commence or earlier termination complete any of the Term, Tenant shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear obligations above set forth promptly and tear and damage due to fire or other casualty excepted. Tenant’s obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the demised premises or anywhere in the Building. Any maintenance, repair or replacement to the windows adequately within ten (including, without limitation, any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the demised premises and which is Tenant’s obligation to perform pursuant to the terms of this lease, shall be performed by Landlord at Tenant’s expense. (b10) Tenant shall not commit or allow to be committed any waste or damage to any portion of the demised premises or the Building. (c) Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot which such floor was designed (or previously reinforced) to carry (unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building requires special handling, Tenant shall give Landlord reasonable prior days after notice thereof; and shall employ only persons holding a Master Rigger’s license to do such work. (d) If, on or prior to from Landlord, Landlord reasonably determines that any capital improvementmay, capital repair or alteration to the demised premises or the Building, as applicable, is necessary or appropriate to be performed for Tenant to reasonably conduct its business in the demised premises or to reasonably maintain the Building (such capital improvement, capital repair or alteration, a “Major CI”): (i) to the extent that Landlord’s reasonable estimate of the cost of such Major CI (“Landlord’s Major CI Estimate”) does not exceed $ (less, in each case, amounts previously expended for a Major CI) (“Threshold”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Threshold, Landlord shall notify Tenant thereof and Landlord but shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Threshold in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as reasonably practicable. For the purpose hereof, Tenant’s Proportionate Share shall mean %. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, make or complete said maintenance or repairs and Tenant shall pay the cost thereof to Landlord shall have the rightupon demand, among all other remedies available to it at law or in equity, to terminate this lease upon thirty (30) days notice. (e) If after , this lease remains in effect, and Landlord reasonably determines that a Major CI is necessary or appropriate said cost to be performed (“Landlord’s Determination”) and: (i) to the extent that Landlord’s Major CI Estimate does not exceed the sum of: (x) 50% of the amount of installments of Fixed considered as Additional Rent remaining to be paid by Tenant through the balance of the Term (not to exceed 90 days); and (y) 50% of the amount of Fixed Rent paid by Tenant to Landlord under this lease up to the month in which the date of Landlord’s Determination occurs, to the extent that such amounts of Fixed Rent have not been (and are not contemplated to be) expended pursuant to the terms of Section 4.05(d) or this Section 4.04(e) (such sum, “Major CI Available Amount”), Landlord shall perform such Major CI and complete same as soon as reasonably practicable; and (ii) to the extent that Landlord’s Major CI Estimate exceeds the Major CI Available Amount, Landlord shall notify Tenant thereof and Landlord shall not be required to perform such Major CI until and unless: (x) Tenant pays Landlord the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits only the demised premises; or (y) Tenant pays Landlord Tenant’s Proportionate Share of the difference between Landlord’s Major CI Estimate and the Major CI Available Amount in the case of any Major CI that benefits the Building (whether or not including the demised premises). If Tenant pays the specified amount in accordance with the immediately preceding sentence, Landlord shall perform such Major CI and complete same as soon as practicable. Tenant shall make such payment within thirty (30) days after demand therefor and, if Tenant shall fail to do so, Landlord shall have the right, among all other remedies available to it at law or on equity, to terminate this lease upon thirty (30) days noticehereunder.