Common use of Maintenance of the Premises Clause in Contracts

Maintenance of the Premises. Notwithstanding anything to the contrary in --------------------------- Paragraph 10, Landlord shall repair, including replacement related to, damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant shall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not be considered material, and Landlord may elect, in its sole and absolute discretion, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Lease.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including replacement related toall Buildings, damage to or structures located thereon, the structural shellGrounds, foundationwatering systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Xxxxxx as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its sole own expense, maintain the interior of all structures on the Premises in a sightly and absolute discretionpresentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair and/or replace by the sameLessor at its expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and make such repairs for which the Lessee shall become liable and does hereby agree to pay to the Lessor. In the event alternative, the Term Lessor may after ten (10) days’ notice treat such a failure as a breach of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord and may avail itself of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseall other remedies therefor.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including replacement related toall Buildings, damage to or structures located thereon, the structural shellGrounds, foundationwatering systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Xxxxxx as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its sole own expense, maintain the interior of all structures on the Premises in a sightly and absolute discretionpresentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair and/or replace by the sameLessor at its expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and make such repairs for which the Lessee shall become liable and does hereby agree to pay to the Lessor. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Lease.the

Maintenance of the Premises. Notwithstanding anything (a) Tenant shall, at its sole cost and expense, take good care of, maintain and make all repairs, in and to the contrary in --------------------------- Paragraph 10Premises, Landlord shall repairand the fixtures and equipment therein and appurtenances thereto, including replacement related towithout limitation, damage all doors and entrances, signs, floor covering. walls, columns, partitions, lighting fixtures, HVAC System and other heating and air-conditioning equipment, hot water systems, plumbing and sewerage facilities, sprinkler systems and sprinkler heads, if any, located within or serving the Premises. Tenant shall also maintain a service contract for the HVAC System reasonably acceptable to Owner. Tenant shall also, at its own cost and expense, keep the structural shell, foundation, sidewalks and roof structure (but not the interior improvements, roof membrane, or glazing) parking areas in front of the building leased hereunder at Landlord's costPremises free from snow, however, Landlord shall amortize the cost of the repair over the useful life of said repair, ice and other obstructions or encumbrances. If Tenant shall be responsible for paying refuses or neglects to Landlord one hundred percent (100%) clean maintain or make repairs or otherwise fails to perform any of Tenant's pro rata share of repairs or maintenance obligations hereunder, Owner shall have the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damageright, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, but shall not be considered materialobligated, to perform such maintenance, make such repairs or perform same on behalf of and for the account of Tenant. All sums so paid by Owner in connection with the payment or performance by it or any of the obligations of Tenant hereunder and all actual and reasonable costs, expenses and disbursements paid in connection therewith or enforcing or endeavoring to enforce any right under or in connection with this Lease, or pursuant to law, together with interest thereon at the maximum legal rate from the respective dates of the making of such payment, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Owner upon demand by Owner. For purposes hereof, "repairs" shall mean all repairs, replacements, renewals, alterations, additions and betterments. All contracts between Tenant and others for installations, maintenance, and Landlord may electrepairs and alterations involving the Premises, in its sole and absolute discretionincluding maintenance agreements, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due subject to the Extended Term prior written approval of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year periodOwner, Tenant would which approval shall not be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseunreasonably withheld or delayed.

Maintenance of the Premises. Notwithstanding anything Tenant shall at all times keep the Rail Facility and other improvements located on the Premises in good operating condition and repair. Additionally, Tenant shall keep the Premises and any other portion of the Refinery used by Tenant pursuant to the contrary in --------------------------- Paragraph 10, Landlord shall repair, including replacement related to, damage to the structural shell, foundationthis Lease free from accumulations of waste material or rubbish resulting from Tenant’s use thereof, and roof structure (but not Tenant shall remove at its own expense all temporary structures, rubbish and waste materials resulting therefrom. Tenant shall take all commercially reasonable steps to eliminate or minimize the interior improvementsuse, roof membrane, storage or glazing) generation of Hazardous Substances in connection with the use of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Premises. Tenant shall be responsible for paying safely and properly handling, removing and disposing of all Solid Wastes and Hazardous Substances used, stored or generated in conjunction with any use of the Premises. Upon completion of any work on or about the Premises, Tenant shall leave the work site in a clean and orderly condition, free from trash, rubbish, debris and other wastes. “Solid Wastes,” as used herein, shall mean, without limitation, those waste materials not otherwise defined by federal, state or local law or ordinance as being hazardous, including, without limitation, “universal wastes” as defined in 40 CFR 273 and “used oil” as defined in 40 CFR 260. “Hazardous Substances,” as used herein, shall have the same meaning as is provided in 40 CFR 300.5 (but including petroleum, including crude oil or any fraction thereof). Tenant shall use commercially reasonable efforts to reduce and minimize accidents arising in connection with use of the Premises and shall promptly report to Landlord one hundred percent (100%) all accidents or occurrences resulting in lost‑time injuries to Tenant’s employees or third parties and damage to Landlord’s property or third parties arising out of Tenant's pro rata share ’s use of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Premises. Tenant shall be responsible for 100 percent promptly report any governmental inspections relative to operations conducted by Tenant on the Premises as well as the Refinery and the result of any such costs for repair and/or replacement or damage so caused by the Tenantinspections. For Example: In the event (i) the roof purlin Where advance notice of an inspection is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was madegiven, Tenant would be charged its prorata share shall promptly notify Landlord of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not be considered material, and Landlord may elect, in its sole and absolute discretion, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost Tenant shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to inform Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending any notices, warnings, or asserted violations issued by any governmental agencies relative to any activities performed by Tenant on the Term of the LeaseRefinery.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including all Buildings, or structures located thereon, the Grounds, watering Formatted: Tabbed_L2, Tabs: Not at 72 pt Deleted: parking lots, driveways, Deleted: Lessee further agrees to maintain and keep in good repair gas, water, sewer facilities and equipment and the like and the Lessor shall have no responsibility to make any restoration or replacement related to, damage to the structural shell, foundationof such facilities. systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor at its expense shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of all structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its sole expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and absolute discretion, not make such repairs for which the Lessee shall become liable and does hereby agree to repair and/or replace pay to the sameLessor. In the event alternative, the Term Lessor may after ten (10) days’ notice treat such a failure as a breach of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord and may avail itself of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseall other remedies therefor.

Maintenance of the Premises. Notwithstanding anything to the contrary Tenant shall, at its own expense, maintain in --------------------------- Paragraph 10, Landlord shall repair, including replacement related to, damage to the structural shell, foundation, good repair and roof structure (but not safe condition the interior improvements, roof membrane, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant shall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threateningincluding all electrical, plumbing, heating, ventilation and air conditioning systems and any other mechanical systems; as well as the exterior walls and roof, and the sidewalks, parking lot, lawn and plantings. An annual inspection shall be made on or before the anniversary of the effective date of this lease by representatives of Landlord and Tenant to evaluate the condition of the premises and necessity for which repairs for maintenance. If the Landlord and Tenant fail to agree on the necessity of repairs or maintenance within 30 days of the date of such inspection or notification to Tenant by Landlord of the necessity of repairs or maintenance, Deleted: 1991 Deleted: 00 Xxxx Xxxxxxx Xxxxxx Deleted: 149.5 Deleted: 22 Deleted: 4 Deleted: 127.5 Comment [c1]: This description does not match with what is not responsiblein the City’s GIS records. Numbers from GIS website used here. Deleted: ... [1] Deleted: twenty- Deleted: 2 Deleted: a Deleted: Tenant shall comply with the restrictions and covenants of the Historic Easement. Deleted: Any redecoration, alterations, or improvements shall not be subject to restrictions and covenants of the Historic Easement. Deleted: s Deleted: the Deleted: Landlord shall provide snow removal services when needed. Deleted: ; the need for such repairs or maintenance and the scope thereof shall be determined as follows: Landlord and Tenant each shall select one arbitrator, and the two arbitrators so chosen shall select a third arbitrator. The arbitrators shall then, by majority vote of the three, determine the necessity for repairs and maintenance and the scope of such repairs or maintenance. The Tenant shall thereupon perform such repairs or maintenance at its expense in a reasonable period of time. If Tenant shall fail to do so, the Landlord may, at its option, cause such repairs or maintenance to be performed, and the expense of so doing shall be considered material, and Landlord may elect, in its sole and absolute discretion, not as additional rent pursuant to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseparagraph 11.

Maintenance of the Premises. Notwithstanding anything During the term of this Lease Agreement, Lessee agrees to keep and maintain the Premises in good condition and repair, reasonable wear and tear excepted. Lessee shall, at Lessee's cost and expense, have repaired any damages to the contrary in --------------------------- Paragraph 10water heater and electrical wiring and fixtures; replace all broken glass; keep sinks, Landlord shall lavatories, commodes, and sewer lines open; repair any plumbing or heating equipment that may be damaged or require maintenance; maintain, repair, including replacement related toand replace all floor surfaces and carpets; maintain all wall coverings and attend to interior painting and trim; and keep and maintain all tenantable repairs. Lessee shall further bear the cost and expense of snow removal in and about the Premises, damage to lawn mowing in and about the structural shell, foundationPremises, and roof structure the maintenance and care of existing landscaping, if any. Lessor's sole responsibility for the Premises shall be for the maintenance, repair, and replacement (but not the interior improvements, roof membrane, or glazingas and when necessary) of the building leased hereunder at Landlord's costroof, howeverexterior maintenance, Landlord shall amortize the cost maintenance of structural portions of the repair over improvements on the useful life Premises, maintenance of said repairthe concrete slab and foundation, maintenance of conduits, ducts, and Tenant shall be responsible for paying utility mains which are located outside and under the building or are incorporated in the walls thereof, and the maintenance of public water and sewer line connections to Landlord one hundred percent (100%) of Tenant's pro rata share the Premises. At the conclusion of the amortization term of said cost over this Lease Agreement, Lessee agrees to the full Term remaining in deliver the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damagePremises to Lessor, peaceably and quietly, in which event Tenant broom-clean condition, reasonable wear and tear excepted. Lessee shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused have the right to remove all personal property and equipment installed by the TenantLessee. For Example: In the event (i) the roof purlin It is repaired at a cost of $10,000further understood and agreed that all fixtures and improvements, dividing walls, etc., shall remain "as is", and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at Lessee shall have no obligation to restore the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not be considered material, and Landlord may elect, in its sole and absolute discretion, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due Premises to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; condition which existed prior to Lessee's occupancy and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaserenovation.

Maintenance of the Premises. Notwithstanding The Tenant shall, at its sole cost, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the contrary Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in --------------------------- Paragraph 10whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall repairhave the right at all reasonable times and upon prior reasonable written or verbal notice, including replacement related to, damage to examine the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) condition of the building leased hereunder at Landlord's cost, however, Landlord shall amortize Premises and notify the cost Tenant of deficiencies and the repair over the useful life of said repair, and Tenant shall be make good any deficiencies for which it is responsible for paying to Landlord one hundred percent within fifteen (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (3015) days from the date of notice such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from Landlord. Tenant hereby waives all rights under, the date of such Notice and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not lifesuch repairs have been completed within forty-threatening, and for which Tenant is not responsible, shall not be considered material, and Landlord may elect, in its sole and absolute discretion, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: five (i45) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leasedays.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including replacement related toall Buildings, damage to or structures located thereon, the structural shellGrounds, foundationwatering systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor at its expense shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of all structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its sole expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and absolute discretion, not make such repairs for which the Lessee shall become liable and does hereby agree to repair and/or replace pay to the sameLessor. In the event alternative, the Term Lessor may after ten (10) days’ notice treat such a failure as a breach of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord and may avail itself of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseall other remedies therefor.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including replacement related toall Buildings, damage to or structures located thereon, the structural shellGrounds, foundationwatering systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Lessee as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its sole own expense, maintain the interior of all structures on the Premises in a sightly and absolute discretionpresentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair and/or replace by the sameLessor at its expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and make such repairs for which the Lessee shall become liable and does hereby agree to pay to the Lessor. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Lease.the

Maintenance of the Premises. Notwithstanding anything Tenant agrees to maintain the Premises in good order and condition, normal wear and tear excepted. This shall include all necessary cleaning of floors, walls, restroom facilities, ceilings, and light fixtures within the Premises. Landlord shall perform all repairs and maintenance of the building located at Premises related to (including but not limited to) the: structure, exterior doors, roof, HVAC, Fire Alarm System, water mains, electrical risers, plumbing, sewers, lighting, etc. Provided, however, the Tenant shall not be required to pay more than Fifty Thousand and No/100 Dollars ($50,000.00) during the last year of the Initial Term for any maintenance item of a capital nature. For purposes of general maintenance and upkeep of the Premises, Tenant will immediately advise Landlord of any damage to the contrary Premises. Subject to the waiver of subrogation and waiver of claims as set forth in --------------------------- Paragraph 10Section XII.F. and G., all damage to the Premises or to the fixtures and equipment serving the building generally caused by Tenant, its agents, employees, or invitees, may be repaired, restored, or replaced by Landlord at the expense of Tenant and will be collectible by Landlord. Landlord shall complete all necessary repairs while making reasonable efforts to reduce interference with Tenant conducting business during the course of the necessary maintenance or repairs. Further, Landlord shall repair, including replacement related to, notify Tenant in writing at least seventy-two (72) hours in advance if Landlord intends to perform necessary or routine maintenance on the Property when said maintenance activities will take place within the Premises and may result in interference with Tenant or Tenant’s employees conducting business on the Premises. Payments for said damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant shall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would will be due within thirty ten (3010) days after mailing of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 a statement of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not be considered material, and Landlord may elect, in its sole and absolute discretion, not to costs associated with said repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseincurred by Landlord.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including replacement related toall Buildings, damage to or structures located thereon, the structural shellGrounds, foundationwatering systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Lessee as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in Deleted: at its sole expense 2015. Lessee shall, at its own expense, maintain the interior of all structures on the Premises in a sightly and absolute discretionpresentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair and/or replace by the sameLessor at its expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and make such repairs for which the Lessee shall become liable and does hereby agree to pay to the Lessor. In the event the Term of the Lease is extended for any reason whatsoeverLessee shall reimburse and pay Lesssor, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year periodwithout offset or deduction, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Lease.Deleted:

Maintenance of the Premises. Notwithstanding anything to The Lessee shall comply with the contrary in --------------------------- Paragraph 10, Landlord shall repair, including replacement related to, damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) provisions of the building leased hereunder at Landlord's costinternal regulations currently in effect, however, Landlord shall amortize and/or the cost provisions of the repair over co-ownership regulations. The Lessor company shall reserve the useful life right to make any changes in the said regulations for the sake of said repairan improvement in general well-being. The Lessee shall use the leased premises with care, maintaining them and Tenant returning them at the end of the lease in good condition in terms of minor repairs incumbent upon the tenant and all types of maintenance. The Lessee shall maintain and replace, as needed, as its entire responsibility, all of the facilities and fixtures intended for its personal use. The posting of signs shall be prohibited. The Lessee shall be solely responsible for paying the expenses associated with all work that it deems useful or necessary in connection with its business activity, along with all repairs and all work of any kind that may be required by the regulations that are currently effective or that may become effective in the future, particularly with regard to Landlord one hundred percent (100%) health, safety, and working conditions. Any installation or storage of Tenant's pro rata share objects whose weight would exceed the weight limit of the amortization floors shall be prohibited. The Lessee shall immediately inform the Lessor, with subsequent written confirmation, of said cost over any and all repairs that may be incumbent upon the full Term remaining Lessor to perform, subject to the penalty of being held responsible for any and all deterioration or damage resulting from the silence or delay of the Lessee. At all times the Lessee shall allow free access to the leased premises by the Lessor, its agents, and its architect, so that they may assure themselves of the proper state of maintenance of the premises. The Lessee hereby expressly waives recourse to the provisions of Article 1724 of the Civil Code. The Lessee shall allow any and all repairs, reconstruction work, vertical additions, and other work of any kind that is carried out on the leased premises or in the Lease at building. The Lessee shall not seek any indemnification or reduction in the time the repair and/or replacement is made; provided Tenant has not caused such damagerent, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 regardless of the California extent and/or duration of the aforementioned work. The Lessee shall remove, at its own expense and without delay, any and all fixtures, fittings, and/or furnishings whose removal is necessary in order for the repairs described in Article 606 of the Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not to be considered material, and Landlord may elect, in its sole and absolute discretion, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseperformed.

Maintenance of the Premises. Notwithstanding anything (a) Tenant shall, at its sole cost and expense, take good care of, maintain and make all repairs, in and to the contrary in --------------------------- Paragraph 10Premises, Landlord shall repairand the fixtures and equipment therein and appurtenances thereto, including replacement related towithout limitation, damage all doors and entrances, signs, floor covering, walls, columns, partitions, lighting fixtures, HVAC System and other heating and air-conditioning equipment, hot water systems, plumbing and sewerage facilities, sprinkler systems and sprinkler heads, if any, located within or serving the Premises. Tenant shall also maintain a service contract for the HVAC System reasonably acceptable to Owner. Tenant shall also, at its own cost and expense, keep the structural shell, foundation, sidewalks and roof structure (but not the interior improvements, roof membrane, or glazing) parking areas in front of the building leased hereunder at Landlord's costPremises free from snow, however, Landlord shall amortize the cost of the repair over the useful life of said repair, ice and other obstructions or encumbrances. If Tenant shall be responsible for paying refuses or neglects to Landlord one hundred percent (100%) clean maintain or make repairs or otherwise fails to perform any of Tenant's pro rata share of repairs or maintenance obligations hereunder, Owner shall have the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damageright, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, but shall not be considered materialobligated, to perform such maintenance, make such repairs or perform same on behalf of and for the account of Tenant. All sums so paid by Owner in connection with the payment or performance by it or any of the obligations of Tenant hereunder and all actual and reasonable costs, expenses and disbursements paid in connection therewith or enforcing or endeavoring to enforce any right under or in connection with this Lease, or pursuant to law, together with interest thereon at the maximum legal rate from the respective dates of the making of such payment, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Owner upon demand by Owner. For purposes hereof, "repairs" shall mean all repairs, replacements, renewals, alterations, additions and betterments. All contracts between Tenant and others for installations, maintenance, and Landlord may electrepairs and alterations involving the Premises, in its sole and absolute discretionincluding maintenance agreements, not to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due subject to the Extended Term prior written approval of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year periodOwner, Tenant would which approval shall not be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseunreasonably withheld or delayed.

Maintenance of the Premises. Notwithstanding anything to (a) Lessee shall at all times, at its expense, maintain the contrary in --------------------------- Paragraph 10, Landlord shall repairPremises, including replacement related toall Buildings, damage to or structures located thereon, the structural shellGrounds, foundationwatering systems, and roof structure (but not the interior improvementstrees, roof membranebushes, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repairshrubs, and Tenant other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall be responsible for paying make municipal water and sewer service available to Landlord one hundred percent (100%) of Tenant's pro rata share of buildings on the amortization of said cost over the full Term remaining same terms and conditions as water and sewer are made available to other property in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent Village of any such costs for repair and/or replacement or damage so caused by the TenantShorewood Hills. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, Lessee shall not be considered materialliable for cost of repairs or replacement of damaged portions of the municipal water and sewer service systems (and their components) that provide water and sewer service to the Premises except to the extent such cost arises in whole or in part from the negligence or willful misconduct of Lessee or its members, employees, agents or invitees. Lessee shall, at its expense, pave and Landlord may electmaintain the parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Lessee as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its sole own expense, maintain the interior of all structures on the Premises in a sightly and absolute discretionpresentable condition, normal wear and tear not excepted. This section shall not apply to any Building or area of the Grounds used exclusively by the Lessor, which Building or area of the Grounds shall be maintained at all times in a condition of sightliness and good repair and/or replace by the sameLessor at its expense. If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right, after ten (10) days' notice in writing of the existence of a breach hereunder, to enter the Premises and make such repairs for which the Lessee shall become liable and does hereby agree to pay to the Lessor. In the event alternative, the Term Lessor may after ten (10) days’ notice treat such a failure as a breach of the Lease is extended for any reason whatsoever, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord and may avail itself of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Term of the Leaseall other remedies therefor.

Maintenance of the Premises. Notwithstanding anything to the contrary in --------------------------- Paragraph 10Xxxxxxxxx 0, Landlord Xxxxxxxx shall repair, including replacement related to, repair damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant shall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired repair purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 /20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. effect Notwithstanding the foregoing, a crack in the foundation foundation, or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not be considered material, and nor shall Landlord may elect, in its sole and absolute discretion, not to be responsible for repair and/or replace the of same. In the event the Term of the Lease is extended extended, pursuant to Paragraph 54 ("Option to Extend Lease for Five (5) Years") or by any reason whatsoeverother agreement between Landlord and Tenant, Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the additional amount payable to Landlord due to the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease for an additional five year period, Tenant would be liable for an additional payment to Landlord of $2,500 as Additional Rent. Said payment would be due in full immediately upon Tenant's execution exercise of an agreement extending the Term of the Leaseits Option to Extend.