Common use of Maintenance, Repairs and Replacements Clause in Contracts

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintenance of the exterior and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last five

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance required to Landlord shall only be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintaining the slab, foundation and roof of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the exterior Leased Premises, including but not limited to painting, wall covering, floor covering and interior all non-structural elements of the BuildingLeased Premises and any appurtenances, includingstructures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not limited tobe obligated, to perform maintenance or make such repairs and/or or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises on behalf of and for the maintenance and repairs and/or replacements required account of Tenant; in such event, such work shall be paid for by reason Tenant as additional rent promptly upon receipt of construction and/or design defects in the Improvementsa xxxx. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for All maintenance, repair repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord prior to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or replacements to in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the Premises or any part thereof except to the extent maintenancecontractor and all subcontractors, repair or replacements are required due to the negligent acts or omissions or willful misconduct of laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or its agents obligations incurred by or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, on behalf of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roofTenant, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) years; during days after the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fivefiling thereof.

Maintenance, Repairs and Replacements. Except (i) Each Unit Owner, at his own expense, shall furnish and be responsible for costs covered all maintenance of, repairs to and replacements within his own Unit. Maintenance of, repairs to and replacements within the Common Elements shall be the responsibility of and shall be furnished by the Landlord's insurance required Association. The cost of maintenance of, repairs to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from and replacements within the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant Common Element shall be solely responsible for maintenance part of the exterior common expenses subject to the By-Laws, rules and interior non-structural elements regulations of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and Association. The expenses for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacement of a Unit's water heater, furnace, air conditioner, and heating and air conditioning ducts shall be home by the owner of the Unit to which such Limited Common Elements are appurtenant and at the discretion of the Board, maintenance of, repairs to and replacements within the other Limited Common Elements may be assessed in whole or in part to Unit Owners benefitted thereby, and, further, at the discretion of the Board, the Board may direct Unit Owners who stand to be benefitted by such maintenance of, repairs to and replacement within the Limited Common Elements to arrange for such maintenance, repairs and replacement in the name and for the account of such benefitted Unit Owners, pay the cost thereof with their own funds, and procure and deliver to the Premises Board such lien waivers and contractor's and sub-contractor's sworn statements as may be required to protect the Property from all mechanic's or any part thereof except materialmen's lien claims that may arise therefrom. If due to the extent act or neglect of a Unit Owner, or of his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repair or replacements replacement are required due to the negligent acts which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintainsuch maintenance, repair and replace any and all elementsor replacements, both structural and non-structural, of as may be determined by the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except Association to the extent of a construction or design defect not covered by the guarantyAssociation's insurance or sufficient proceeds are not collected from the insurance carrier. Following the expiration The authorized representatives of the guarantyAssociation, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence Board or of the amount and payment Managing Agent with approval of the costs Board shall be entitled to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition reasonable access to the Landlord's maintenance individual Units and repair obligations set forth herein and otherwise set forth Limited Common Elements as may be required in this Lease, Landlord agrees to maintain connection with the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design preservation of any individual Unit or construction defect Limited Common Elements in the Other Improvements. If Tenant is event of an emergency, or in connection with maintenance of, repairs or replacements within the Common Elements, Limited Common Elements or any equipment, facilities or fixtures affecting or serving other Units, Common Elements and Limited Common Elements or to make any alteration required during the last fiveby any governmental authority.

Maintenance, Repairs and Replacements. 10.1 Tenant’s Maintenance, Repair, and Replacement Obligations. Except for those portions of the Premises that Section 10.2 requires Landlord to maintain and subject to the provisions of Section 11.6, Tenant shall, at Tenant’s sole cost (i) for costs covered by the Landlord's insurance required to be maintained hereunderall partitions, (ii) for condemnation proceeds to be received by Tenantfixtures, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees)equipment, or (iv) as otherwise set forth in this Leaseinterior painting, Tenant shall be solely responsible for maintenance of the exterior and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front walls and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements floors of the Premises (whether or not same serve only the Premises), including, without limitation, any dividing walls contiguous to any portion of the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects Premises) Notwithstanding anything to the contrary in the Improvements)foregoing, but shall have no other responsibility if Tenant is required to make or pay for maintenance, repair any repairs or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must that relate to alterations or items that will have value to Landlord in leasing the Premises as general office space to a subsequent office tenant, Tenant shall only be amortized according to generally accepted accounting principles. In addition responsible for paying that portion of the costs for such repair or maintenance that is attributable to the Landlord's portion of the useful life of such repair or maintenance that falls within the remaining Term, as extended or renewed from time to time. For example, if there were 3 years remaining in the Term and Tenant were required to perform a capital repair to a standard roof-top HVAC chiller (but not to any specialized HVAC controls or equipment that would not be required for a standard office tenant) costing $40,000 where the useful life of such repair was 10 years, then Tenant would be required to pay $12,000 towards such repair and the Landlord would be responsible $28,000, subject to a reimbursement from Tenant to reflect the longer Term if Tenant extends or renews the Term after such payment. The attorney fee provision in Section 30.7 of this Lease applies with respect to any dispute between Landlord and Tenant regarding any payment owed under this Section 10. 1. Tenant’s obligation to keep, maintain, preserve and repair the Premises shall specifically extend to the cleanup and removal of any and all “Hazardous Materials”, as Section 26.1 defines that term, that any Tenant Party releases or discharges anywhere in, on or about the Property. Unless Landlord otherwise notifies Tenant in writing that Landlord has elected to procure and maintain any or all of the following described contracts, Tenant shall, at Tenant’s sole cost and expense: (i) enter into and maintain in effect, from the Lease Date through the expiration of the Term, a preventive maintenance and repair obligations set forth herein service contract with a qualified maintenance contractor who is reasonably acceptable to Landlord for the regularly-scheduled servicing of all HVAC systems and equipment in or serving the Premises that requires that filters be replaced at least quarterly or more often if suggested by the operation or maintenance manual for the applicable equipment, and that is otherwise set forth on terms reasonably acceptable to Landlord; (ii) enter into and maintain in this Leaseeffect from the Lease Date through the expiration of the Term a contract or contracts with a qualified contractor who is reasonably acceptable to Landlord for the regularly-scheduled maintenance, servicing, and inspection of all sprinklers and all fire and life safety alarms and systems in or serving the Premises that requires inspections at least quarterly or more often if required by any governmental authority with jurisdiction, and that requires the contractor to submit to all applicable governmental authorities all required certificates of inspection or compliance, and that is otherwise on terms reasonably acceptable to Landlord; (iii) ensure that all certificates of inspection or compliance relating to the sprinklers, fire alarms, and other life-safety systems and equipment in or serving the Premises that any governmental authority requires are timely and properly submitted; and (iv) deliver to Landlord agrees copies of all contracts and certificates that the preceding clauses require Tenant to maintain or cause to be submitted, together with any additional evidence of compliance Landlord reasonably requests. Tenant will promptly deliver to Landlord a true and complete copy of each such contract and any and all renewals or extensions of such contracts, and each service report or other summary received by Tenant in connection with such contracts. Tenant is solely responsible for all of the Other Improvements immediately surrounding maintenance, repairs, and replacements this Section 10.1 obligates Tenant to perform, and Tenant is not Landlord’s agent or contractor with respect to any of such maintenance, repairs, or replacements. 10.2 Landlord’s Maintenance, Repair, and Replacement Obligations. Landlord shall, at Landlord’s expense, subject to reimbursement as an Operating Expense, perform such maintenance, repairs, and replacements as are needed to keep in good and clean condition and repair, reasonable wear and tear excepted: (a) the Buildingplumbing, including sidewalks electrical, mechanical and landscapingall utility connections, except systems and equipment up to the extent such maintenance is required due to a design or construction defect point of hook up in the Other Improvements. If Tenant is required during Premises that are not maintained by the last fiveutility service provider and that do not exclusively serve the Premises;

Maintenance, Repairs and Replacements. Each Unit Owner, at his own expense, shall furnish and be responsible for all maintenance of, repairs to and replacements within his Unit. Except (i) for costs covered to the extent hereinafter set forth, maintenance of, repairs to and replacements within the Common Elements shall be the responsibility of and shall be furnished by the Landlord's insurance required to be maintained hereunderAssociation, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from and the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant cost thereof shall be solely responsible for maintenance part of the exterior common expenses, subject to the By- Laws, and interior non-structural elements Rules and regulations of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and Association. The expenses for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacement of a Unit’s water heater, furnace, air conditioner, heating, and air conditioning ducts, and plumbing and electrical wiring serving only such Unit, shall be borne by the Owner of the Unit to which such Limited Common Elements are appurtenant; and, at the discretion of the Board, maintenance of, repairs to, and replacements within the other Limited Common Elements may be assessed in whole or in part to Unit Owners benefited thereby. Further, at the discretion of the Board, the Board may direct Unit owners who stand to be benefited by such maintenance of, repairs to, and replacements within the Limited Common Elements to arrange for such maintenance, repairs, and replacements in the name and for the account of such benefited Unit Owners, pay the cost thereof with their own funds, and procure and deliver to the Premises Board such lien waivers and contractor’s and subcontractor’s sworn statements as may be required to protect the property from all mechanic’s or any part thereof except materialmen’s lien claims that maintain, repair, or replace the electrical wiring, plumbing, or other utilities of a Unit, it shall become necessary to gain entry to another Unit, it shall be the extent responsibility of the Association to provide such maintenance, repair or replacement, but the cost of such maintenance, repair, or replacement may be assessed to the Unit Owners benefited thereby, as herein above provided. If, due to the act or neglect of a Unit Owner, or of his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements are required due to which would otherwise be a common expense, then such Unit Owner shall pay for, such damage or such maintenance, repairs and replacements, as may be determined by the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); providedBoard, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guarantyAssociation’s insurance. Following the expiration The authorized representatives of the guarantyAssociation, Landlord shall continue to maintain the roofBoard, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence or of the amount and payment Managing Agent with approval of the costs Board, shall be entitled to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition reasonable access to the Landlord's maintenance individual Units and repair obligations set forth herein and otherwise set forth Limited Common Elements as may be required in this Lease, Landlord agrees to maintain connection with the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design preservation of any individual Unit or construction defect Limited Common Elements in the Other Improvements. If Tenant is event of an emergency, or in connection with maintenance of, repairs to, or replacements within the Common Elements, Limited Common Elements, or any equipment, facilities or fixtures affecting or serving other Units, Common Elements and Limited Common Elements, or to make any alteration required during the last fiveby any governmental authority.

Maintenance, Repairs and Replacements. Except (a) Landlord shall, at its sole cost and expense, perform all necessary maintenance, repairs and replacements and keep in good condition and repair all structural components of the Improvements (as hereinafter defined), including without limitation the outer walls, roof, and foundation of the Improvements (the “Structural Components”), but specifically excluding the roof membrane. Notwithstanding any of the foregoing, Landlord shall have no obligation to make repairs to and/or replace the Structural Components if the repair or replacement is necessitated by a negligent act or omission of Tenant, Tenant’s employees, agents, licensees and the like, said obligation being that of Tenant (and the parties hereto agree that the normal and customary operation of Tenant’s business shall not create an obligation by Tenant to make any repairs or replacements hereunder). Landlord shall, at its sole cost and expense, repair any damage to other portions of the Premises arising as a result of Landlord’s (i) for costs covered by failure to perform its obligations pursuant to the Landlord's insurance required to be maintained hereunder, preceding sentence and/or (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions negligence or willful misconduct act and those of Landlord its contractors, agents and employees. (or b) Tenant shall, at its agents or employees)sole cost and expense, or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintenance of the exterior and interior non-structural elements of the Building, including, but not limited toperform all necessary maintenance, repairs and/or replacements to plate glassand replacements, Tenant's store front and doors, plumbing, heating, electrical keep in good condition and air conditioning systems which serve only repair the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the entire Premises), including, without limitationlimit, the roofparking, roof structuredriveways, floor slablandscape areas and utility systems (also including HVAC system, foundationelectrical, load bearing walls plumbing, security, and exterior structural walls (unless required by reason of construction or design defects in the Improvementscomponents thereof), but shall have no other responsibility for maintenancethan the items explicitly required to be maintained, repair or replacements repaired and replaced by Landlord pursuant to Section 5.03(a). The parties agree that the Premises or any roof of the north office/warehouse building, that is part thereof except to of the extent maintenancePremises, repair or replacements are required due to is, as of the negligent acts or omissions or willful misconduct date of Landlord (or its agents or employees); providedthis Lease Agreement, however, this provision is in no way intended to limit Landlord's obligation to maintain, need of repair and replace any and all elements, both structural and nonTenant has agreed to re-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on seal the roof shall be at no cost to Tenant’s expense, except to the extent of using a construction or design defect not covered by the guaranty. Following the expiration of the guarantylicensed contractor, Landlord shall continue to maintain the roofDiversified Roofing Corporation, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fivetwelve

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance required obligations imposed upon Tenant in the immediately following subsection, and subject to be maintained hereunderthe sections of this Lease titled "Damage and Destruction" and "Building and Tenant Improvements," Landlord shall operate, (ii) for condemnation proceeds to be received by Tenantmaintain, (iii) for obligations arising from repair and replace, when necessary, the negligent acts or omissions or willful misconduct of Landlord (or building and its agents or employees)common areas, or (iv) as otherwise set forth in this Leasethe parking areas and the real estate upon which the building and its common areas and the parking areas are located, Tenant shall be solely responsible for maintenance including all structural components of the exterior same and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the ImprovementsPremises. Landlord shall maintain all Such structural elements of the Premises (whether or not same serve only the Premises), includingcomponents include, without limitation, heating, air conditioning, ventilation, water, sprinkler, plumbing, lighting (excluding any lighting fixtures within the roofPremises installed by Tenant) electrical, roof structureelevator, floor slabfire escape and alarm (excluding any alarm installed in the Premises by Tenant) equipment, foundationsystems, load bearing fixtures (excluding Tenant's trade and telecommunications fixtures and equipment), supplies, services, service panels and structures for, and windows and panels of, the building and its common areas, the parking areas and the Premises and the exterior walls and exterior structural the areas above the surface of the ceilings, below the surface of the floors and behind the surface of the interior walls of the Premises. Landlord's duties under this subsection shall include, without limitation, (unless i) keeping the building and its common areas and parking areas free of rodents, insects and other pests; (ii) policing and keeping the building's common areas and the parking areas clean, sanitary, orderly, sightly, unobstructed and free from trash, debris, ice and snow; (iii) preventing water pipes in or that serve the building, and those that serve the Premises, from freezing; (iv) maintaining the lawn, shrubs, plants, trees and other landscaping of the building's common areas and the parking areas, if any and (v) doing all work necessary to continuously provide the services Landlord is required by reason of construction or design defects in to provide under the Improvements), but section below titled "Services." Landlord shall have no other responsibility reimburse Tenant for maintenance, any repair or replacements to replacement work for which Tenant is responsible under the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to following subsection that is necessitated by the negligent acts act or omissions omission or willful misconduct fault of Landlord (or its agents employees, agents, vendors, licensees or employees); provided, however, this provision is in no way intended invitees. Landlord promptly shall begin and shall diligently pursue to limit Landlord's obligation to maintain, repair completion any needed repairs and replace any and all elements, both structural and non-structural, replacements of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to which it receives written notice from Tenant, except to the extent or of which it otherwise has actual notice, in accordance with Laws, in a construction or design defect not covered by the guaranty. Following the expiration of the guarantyworkmanlike manner, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to and using applicable industry standards, methods and procedures, with good quality materials and, when required, after obtaining a permit for such work from the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this LeaseCity (collectively, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last five"WORK STANDARDS").

Maintenance, Repairs and Replacements. Except (i) for costs covered Each Unit Owner shall furnish and be responsible for; at his own expense, all of the maintenance, repairs and replacements within his own Unit. Maintenance, repairs and replacements of the Common Elements including the care of trees, shrubs, and grass, grass cutting, snow removal and repairs of driveways, parking spaces and sidewalks shall be furnished by the Landlord's insurance Board as part of the Common Expenses, subject to the rules and regulations of the Board and the provisions of ARTICLE XV hereof. The Condominium Association or the Developer shall have the right to require the Unit Owner(s) to remove from or relocate within, their respective Unit(s) any portable personal property if in the sole opinion of the authorized representative(s) of the Association or Developer there must be performed maintenance on the common elements which would require the entry upon any individual Unit and the presence of said personal property would impair the ability to perform the repairs or would create a risk of damage to the said personal property. The Association, Developer or their representative shall have the right to enter upon any individual Unit to perform maintenance on the common elements and to cut grass and weeds located within any Unit. Failure of the Unit Owner(s) to remove, or relocate their said personal property within three (3) days of notice to so move will be deemed as authorization for the Associations or Developers representative(s) to move said personal property to perform the necessary required maintenance. Except in an emergency situation, to be maintained hereunderdetermined in the sole discretion of the Association or the Developer, there shall be seven (ii7) days notice given to the Unit Owner(s) by the Association or Developer in the manner prescribed herein for condemnation proceeds all other notices. Failure of the Unit Owner(s) to comply with a proper request to move the it said personal property will result in said owner(s) incurring all expense that the Association or Developer incurs, including attorney's fees and court costs, if any, resulting from said failure to comply. The Board may cause to be received by Tenantdischarged any mechanics' lien or other encumbrance which, (iii) in the opinion of the Board, may constitute a lien against the property or common elements, other than against a particular Unit and its corresponding percentage of owner ship in the Common Elements. When less than all the Unit Owners ale responsible for obligations arising from the negligent acts or omissions or willful misconduct existence of Landlord (or its agents or employees)any such lien, or (iv) as otherwise set forth in this Lease, Tenant the Unit Owners responsible shall be solely responsible jointly and severally liable for the amount necessary to discharge the same and for all costs and expenses (including attorneys' fees) incurred by reason of such lien. Whenever the Board shall determine, in its discretion, that any maintenance or repair of any Unit is necessary to protect the exterior and interior non-structural elements Common Elements or any other portion of the Building, includingthe Board may cause a written notice of the necessity for such maintenance or repair to be served by delivering a copy thereof to any occupant of such Unit, but not limited toor by mailing the same by certified or registered mail to the Owner at the Unit. If such Unit Owner fails or refuses to perform any such maintenance or repair within a reasonable time which is to be stated in the notice (or any extension thereof approved by the Board), repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the Board may cause such maintenance and repairs and/or replacements required by reason repair to be performed at the expense of construction and/or design defects in the Improvementssuch Unit Owner. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises)If, including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts act or omissions neglect of a Unit Owner, a member of his family, his household pet or willful misconduct of Landlord (his guest or its agents any authorized occupancy or employees); providedvisitor or such Unit Owner, however, this provision is in no way intended damage shall be caused to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant elements or to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roofa Unit or Unit Owner by others, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof or maintenance, repairs or replacements shall be at no required, the cost to Tenantof which would otherwise be a Common Expense, except to the extent of a construction or design defect not covered then such Unit Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the guaranty. Following the expiration of the guarantyBoard, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such damage or maintenance is required due not covered by insurance. The Board shall have exclusive authority to a design take, or construction defect in refrain from taking, any action pursuant to this ARTICLE VIII, Section 1. All expenses which, pursuant to this Section 1, are chargeable to any Unit Owner, may be specifically assessed to such Unit Owner and shall be payable by such Unit Owner as prescribed by the Other Improvements. If Tenant is required during the last fiveBoard.

Maintenance, Repairs and Replacements. Except (i) for costs covered by the A. Following Landlord's insurance required to be maintained hereundercompletion of the Tenant improvements referenced in paragraph 1C, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Leaseabove, Tenant shall be solely responsible for maintenance of the exterior all maintenance, repairs and interior non-structural elements of the Building(with structural being defined as foundation, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doorsload-bearing walls, plumbing, heatingHVAC systems and roof) replacements to or for the benefit of the Premises which are not otherwise included in "Operating Expenses" and, electrical at Tenant's sole expense, shall make all maintenance, repairs and air conditioning systems which serve only non-structural (defined as above) replacements, ordinary and extraordinary, foreseen and unforeseen, required to keep and maintain the Premises and all systems, equipment and apparatus appurtenant thereto or used in connection therewith in good order and condition, as determined by Landlord. At the end of the Lease term, Tenant shall surrender the Premises to Landlord in the same condition existing following completion of the Tenant improvements, subject to any subsequent improvements or alterations approved by Landlord (unless in connection with such approval Landlord requires that such improvements or alterations be removed at the end of the Lease term) and further subject to ordinary wear and tear. B. Any repairs, maintenance and replacements and any labor performed or materials furnished in, on or about the Premises shall be performed and furnished by Tenant in strict compliance with all applicable laws, regulations, ordinances and all requirements of all duly constituted municipal authorities or other governmental bodies having jurisdiction over the Premises, the requirements of any board of underwriters having jurisdiction thereof and shall be performed in a quality manner C. Landlord or Landlord's management company may procure a service contract for the maintenance and repairs and/or replacements required by reason entire building of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of which the Premises is a part (whether or not same serve only for items such as the Premisesplumbing and HVAC components), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless Tenant shall not be required to directly enter into a service contract with a service contractor. The costs of any such service contract obtained by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintainmanagement company) for the building of which the Premises is a part shall be, repair and replace any and all elementsnotwithstanding paragraph 4B (ii), both structural and non-structuralan "Operating Expense". In the event Landlord's (or its management company's) service contract covers additional buildings, the expense of the Common Areas pursuant such contract allocable to the terms building of this Lease. In connection with Landlord's maintenance obligations pertaining to which the roof, Tenant Premises is a part shall deliver to Landlord a constitute an "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fiveOperating Expense".

Maintenance, Repairs and Replacements. Except (i) for costs covered ------------------------------------- by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents agents, employees or employeesother tenants), or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintenance of the exterior and interior non-structural nonstructural elements of the BuildingExisting Building and Leasehold Improvements, including, but not limited to, the following repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises: floors (other than structural floors); walls (other than the exterior face or service corridor walls); ceilings; utility meters; pipes and conduits within the Premises; fixtures within the Premises; any mechanical systems pertinent to the loading dock servicing the Premises (including any mechanical systems pertinent to the drainage thereof); electrical, heating, ventilating and air-conditioning equipment and systems located inside the Premises or on the roof of the Shopping Center which are installed by Tenant or which exclusively serve the Premises; sprinkler equipment, fire protection equipment and other equipment within the Premises; the storefront(s); security systems within the Premises; locks and closing devices; window sashes, casements and frames; glass; and doors and door frames. During the last five (5) years of the Term of the Lease (without consideration to the exercise of any additional Renewal Options) Tenant shall be obligated to so install or construct alterations or incur expenditures pursuant to this paragraph; provided, however, that if Tenant is required to expend any sum in satisfaction of its obligations hereunder, and if the resulting improvement to the Premises cannot be fully amortized in accordance with generally accepted accounting principles, or the Internal Revenue Code and Regulations, over the remainder of the Term (without consideration to the exercise of any additional Renewal Options), Tenant shall so notify Landlord and Landlord shall either (a) direct Tenant that Landlord elects not to cause Tenant to make such capital expenditure, and Tenant shall thereby be relieved of any liability for such replacement obligation (unless such capital expenditure involves the HVAC system in the Existing Building, in which event Landlord shall be deemed to have elected (b) immediately following) or (b) direct Tenant to make such capital expenditure in which event Tenant shall be reimbursed by Landlord at the end of the Term by that amount of the cost associated with such replacement, construction or alteration (but not repair costs) for the maintenance and repairs and/or replacements required by reason period beyond the remainder of construction and/or design defects in the ImprovementsTerm (with consideration to the exercise of any additional Renewal Options, it being understood that if Tenant exercises a remaining Renewal Option, Landlord shall have no obligation to reimburse a capital expenditure with respect to the HVAC System incurred prior to commencement of the Renewal Period). Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, flooring system, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements)walls, but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees)thereof; provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Existing Building, including sidewalks and landscaping. Should either party fail to perform its obligations under this paragraph 10, the other party may, at its option, effect such maintenance, replacements or repairs, provided that such curing party shall have given the nonperforming party thirty (30) days' prior written notice, except in the case of emergencies (in which event only such notice as may be reasonable under the circumstances shall be required); but further provided that such thirty (30) day period (or reasonable period in event of emergencies) shall be extended in respect of any cure that cannot with reasonable diligence be accomplished within such period so long as the party required to effect such cure has commenced such cure within such thirty (30) day period (or reasonable period in event of emergencies) and thereafter diligently prosecutes such cure to completion; and further provided that, prior to the extent curing party affecting the maintenance, replacement, or repair obligation of the nonperforming party following expiration of the thirty (30) day period set forth above (as same may be extended as set forth above), the curing party shall deliver a second notice of default to the nonperforming party granting ten (10) additional days in which the nonperforming party may cure its failure, following which continued failure the curing party may then effect its cure. The nonperforming party shall reimburse the other party on demand for the reasonable and actual amount so expended (as evidenced by detailed invoice), plus interest at the Default Rate. However, in the event of emergency repairs, no interest shall accrue if reimbursed within thirty (30) days of request (including detailed invoice) for reimbursement. All maintenance, repairs or replacements shall be done by Tenant or Landlord lien-free and in a good and workmanlike manner consistent with the quality of labor and materials used in originally constructing the Premises and Common Areas, as applicable, and in accordance with all applicable law. In order for Landlord and Tenant to effectively perform their maintenance, repair and replacement obligations hereunder, Tenant and Landlord, as applicable, shall assign to the other party any and all manufacturers' and contractors' warranties relating to such maintenance work performed on behalf of the other party to the party who is required due to a design maintain same under the Lease. Tenant agrees that Landlord, its agents, employees, servants or construction defect contractors, may, upon 48 hours prior written notice (emergencies excepted) enter the Premises during normal business hours for the purpose of inspecting the condition of same, during which inspections, Landlord shall not unreasonably disturb Tenant's conduct of business in the Other ImprovementsPremises. If Nothing contained in this Lease shall imply any duty on the part of Landlord or Tenant to do any work which the other is required during to perform, nor shall it constitute a waiver of one another's default in failing to do the last fivesame.

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Subject to Landlord's insurance obligation -------------------------------------- concerning the Premises as specified in subparagraph 35.f. hereof, Tenant shall at all times be responsible for all replacements, repairs, maintenance, and restorations required to be maintained hereundermade to the Premises in order that it shall at all times be in good operating condition. By way of illustration, (ii) for condemnation proceeds to be received by and not limitation, of Tenant, (iii) for obligations arising from 's obligation described in the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Leaseprevious sentence, Tenant shall be solely responsible for maintenance of at all times keep the exterior Premises, interior and interior non-structural elements of the Buildingexterior, in good order and good operating condition, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front : the parking lot and doors, plumbing, heating, electrical access areas; all yard and air conditioning systems which serve only landscape areas; the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only building within the Premises), including, without limitation, including the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structuralstructural and interior and exterior portions thereof, all entrances, all plate glass windows, all partitions, all doors, floors, insulation, hardware, fixtures, and equipment, and appurtenances thereof (such as lighting, plumbing and plumbing fixtures, and any heating, ventilating, and air conditioning systems), including reasonably periodic painting of the Common Areas pursuant interior and exterior of the Premises and replacement of any equipment or appurtenance, if necessary. Subject to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roofobligation under paragraph 29 hereof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during keep the period of said guaranty Landlord's maintenance on the roof shall be at no cost to TenantPremises in compliance with all codes, except ordinances, statutes, regulations, and other governmental requirements applicable to the extent Premises as any such codes, ordinances, statutes, regulations, or requirements may be amended from time to time, including structural or non- structural modifications required thereby. Tenant further agrees to keep the Premises adequately heated so as to prevent the freezing of pipes. Tenant shall, at its cost, and as Landlord may reasonably require, use a construction or design defect not covered by reputable service company to inspect the guaranty. Following the expiration heating, air conditioning and ventilating systems of the guarantyPremises and shall promptly perform any repair, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent replacement recommended by such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fivecontractor.

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintenance of the exterior and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of in good condition and repair during the Premises (whether or not same serve only the Premises)Term, including, without limitationat Landlord’s sole expense, the roof, roof structurethe exterior walls, floor slabthe foundations, foundation, the load bearing walls walls, and exterior the structural walls (unless required by reason columns and beams of construction or design defects in the Improvements)building on the Premises, but shall have no other responsibility for maintenance, repair or replacements to all paved and landscaped areas on the Premises or any part thereof except to the extent maintenance(including grass cutting and snow removal from driveways, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair parking areas and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance sidewalks on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guarantyProperty). Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord for an equitable share of the costs incurred by Landlord to perform grass cutting and snow removal services on the Property. Tenant shall pay such reimbursement amounts to Landlord within thirty (30) days of demand and after its receipt of reasonable supportive evidence any statement of such expenses from Landlord. During the first twelve (12) months of the amount Term, Landlord shall maintain in good condition and payment repair, at Landlord’s sole expense, the heating, ventilating and air conditioning systems serving the Premises ("HVAC"). Upon expiration of the first twelve (12) months of the Term, Tenant, at its sole expense, shall be responsible for the maintenance and repair of the HVAC and shall provide for regular preventative maintenance of the HVAC systems to be performed not less than once every six (6) months during the Term; provided, however, that Tenant’s obligation for costs to repair the HVAC systems (in addition to Tenant’s costs to have the foregoing preventative maintenance performed), shall not exceed $500 per maintenance item occurrence and an annual aggregate of $1,500, and Landlord shall be reimbursedresponsible for the remainder of such cost, provided that Landlord has approved in advance the contractor that performs such work. All maintenance In the event any repair and/or replacement of the HVAC following the first twelve (12) months of the Term constitutes a capital nature must Capital Improvement (as defined below), Landlord shall be amortized according to responsible for the prompt performance of such repair or replacement work and Landlord may amortize the cost of such repair and/or replacement on a straight line basis over the useful life of such item as reasonably determined by Landlord in accordance with generally accepted accounting principlesprinciples (“GAAP”), in which event, Tenant, as additional rent hereunder, shall pay the amortized amount of the cost of such repair or replacement attributable to such year, plus interest on the outstanding amount at 6% per annum, which amount plus accrued interest shall be paid by Tenant to Landlord in equal monthly installments at the same time that Base Rent is due. In addition Tenant, at its election, may prepay all or a portion of such amount prior to the Landlord's date such amount is due without penalty. For purposes hereof, the term “Capital Improvement” refers to any item the cost of which, under GAAP, would be amortized over the useful life of the asset being replaced, or repaired. Except for those maintenance and repair obligations items Landlord is responsible to perform described above, Tenant shall, without cost to Landlord, diligently cause the Premises, and all improvements, fixtures, systems and equipment from time to time located on or exclusively serving the Premises, to be kept in good repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage thereto. Should Tenant fail to perform such obligations, Landlord may (without any obligation so to do) cause such maintenance and repairs to be accomplished at the cost of Tenant. Any costs incurred by Landlord in so doing shall be payable by Tenant upon demand and shall bear interest at the Default Rate until paid in full (such right of Landlord to be subject to the property management agreements of the parties set forth herein and otherwise set forth in below). Notwithstanding the foregoing terms of this Leaseparagraph, upon written notice to Landlord, Landlord agrees shall be responsible, at its sole expense, for the prompt performance of any maintenance and repair item concerning the Premises that (i) does not concern the HVAC and is reasonably estimated to maintain cost in excess of $250, (ii) is non-routine and not of the Other Improvements immediately surrounding type that is customarily repaired or maintained by maintenance and repair personnel employed by the BuildingCity of St. Louis, including sidewalks (iii) is unrelated to Tenant’s specific use of the Premises, and landscaping, except (iv) is not damage or misuse related to Tenant’s operations on the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fivePremises.

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, at its sole expense, shall keep and maintain the Premises (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintenance of the exterior and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, all heating, air conditioning, plumbing and electrical equipment, driveways and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects parking areas) in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, good repair and replace any condition and shall make all elementsrepairs, both replacements and renewals, whether structural and or non-structural, foreseen or unforeseen, ordinary or extraordinary, which are necessary to put and maintain the Premises in such a state of good repair and condition. All repairs, replacements and renewals required by this Paragraph 7 to be performed by Tenant shall be made promptly, as and when necessary, and shall be in quality and class at least equal to the original work. Should Tenant, in an effort to maintain the Premises in a state of good repair and condition, provide any replacements to any Improvements constituting part of the Common Areas pursuant Premises, said replacements shall be the Landlord’s property to be retained by Landlord at the terms expiration or termination of this Lease and shall become a part of the Improvements as that term is used in this Lease. In connection Tenant shall be responsible for all cleaning, landscaping, mowing, snow removal, and garbage and refuse removal expenses with Landlord's maintenance obligations pertaining respect to the roofPremises. In addition, Tenant shall deliver to Landlord keep the Premises in a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenantsafe and sanitary condition as required by all applicable governmental laws, except to the extent of a construction or design defect codes, and regulations. It is understood that Tenant is not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue required to maintain the roofPremises in a condition equal to new, provided but Tenant shall reimburse keep and maintain the Premises in such a manner so as to minimize, as far as practicable, the effects of use, decay and weather. Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence shall not be required to maintain all or any part of the amount and payment Premises. If the Tenant defaults in making any repairs, replacements or renewals required by this Paragraph to the Premises, the Landlord may, but shall not be required to, make such repairs, replacements or renewals for the account of the costs Tenant, and the expense thereof shall constitute and be collectable as additional rent. Nothing herein shall imply any duty on the part of Landlord, however, to be reimbursed. All maintenance effectuate any such repairs, replacements or renewals and the performance thereof by the Landlord shall not constitute a waiver of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fiveany default by Tenant.

Maintenance, Repairs and Replacements. Each Unit Owner, at his own expense, shall furnish and be responsible for all maintenance of, repairs to and replacements within his Unit. Except (i) for costs covered to the extent hereinafter set forth, maintenance of, repairs to and replacements within the Common Elements shall be the responsibility of and shall be furnished by the Landlord's insurance required to be maintained hereunderAssociation, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from and the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant cost thereof shall be solely responsible for maintenance part of the exterior common expenses, subject to the By-Laws, and interior non-structural elements rules & regulations of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and Association. The expenses for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacement of a Unit’s water heater, furnace, air conditioner, heating and air-conditioning ducts, and plumbing and electrical wiring serving only such Unit, shall be borne by the owner of the Unit to which such Limited Common Elements are appurtenant; and, at the discretion of the Board, maintenance of, repairs to, and replacements within the other Limited Common Elements may be assessed in whole or in part to Unit Owners benefited thereby. Further, at the discretion of the Board, the Board may direct Unit Owners who stand to be benefited by such maintenance of, repairs to, and replacements within the Limited Common Elements to arrange for such maintenance, repairs and replacements in the name and for the account of such benefited Unit Owners, pay the cost thereof with their own funds, and procure and deliver to the Premises Board such lien waivers and contractor’s and subcontractor's sworn statements as may be required to protect the Property from all mechanic’s or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees)materialmen’s lien claims that may arise therefrom; provided, however, this provision is that if, in no way intended to limit Landlord's obligation order to maintain, repair and repair, or replace any and all elementsthe electrical wiring, both structural and non-structuralplumbing or other utilities of a Unit, it shall become necessary to gain entry to another Unit, it shall be the responsibility of the Common Areas pursuant Association to provide such maintenance, repair or replacement, but the cost of such maintenance, repair, or replacement may be assessed to the terms of this LeaseUnit Owners benefited thereby, as hereinabove provided. In connection with Landlord's maintenance obligations pertaining If, due to the roofact or neglect of a Unit Owner, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum or of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be at no cost caused to Tenantthe Common Elements or to a Unit or Units owned by others, except or maintenance, repairs or replacements are required which would otherwise be a common expense, then such Unit Owner shall pay for such damage or such maintenance, repairs and replacements, as may be determined by the Board, to the extent of a construction or design defect not covered by the guarantyAssociation's insurance. Following the expiration The authorized representatives of the guarantyAssociation, Landlord shall continue to maintain the roofBoard, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence or of the amount and payment Managing Agent with approval of the costs Board, shall be entitled to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition reasonable access to the Landlord's maintenance individual Units and repair obligations set forth herein and otherwise set forth Limited Common Elements as may be required in this Lease, Landlord agrees to maintain connection with the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design preservation of any individual Unit or construction defect Limited Common Elements in the Other Improvements. If Tenant is event of an emergency, or in connection with maintenance of, repairs to, or replacements within the Common Elements, Limited Common Elements, or any equipment, facilities or fixtures affecting or serving other Units, Common Elements and Limited Common Elements, or to make any alteration required during the last fiveby any governmental authority.

Maintenance, Repairs and Replacements. Except (i) A. TENANT'S OBLIGATIONS. Tenant agrees, at Tenant's sole cost and -------------------- expense, to take good care of the Premises and keep same and all parts thereof, together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any equipment now or hereafter located in the Premises, including without limitation, water, sewer, gas, HVAC and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first class quality and sufficient for costs covered by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from proper maintenance and operation of the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Premises. Tenant shall be solely responsible for maintenance of keep and maintain the exterior Premises safe, secure and interior non-structural elements of the Buildingclean, specifically including, but not limited toby way of limitation, repairs and/or replacements removal of waste and refuse matter. Tenant shall not permit anything to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only be done upon the Premises (and for the shall perform all maintenance and repairs and/or replacements thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required by reason under the provisions of construction and/or design defects in this Lease. Tenant shall not obstruct or permit the Improvements. Landlord shall maintain all structural elements obstruction of the Premises (whether any parking area, adjoining street or not same serve only the Premises)sidewalk, including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is Tenant may utilize the parking areas as may be reasonably necessary in no way intended connection with any alterations to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas Premises performed by Tenant pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining Lease provided that Tenant shall not obstruct access to the roof, Tenant Building or the parking areas and shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during not unreasonably interfere with the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration use of the guaranty, same by Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fivethird parties.

Maintenance, Repairs and Replacements. Except 6.1 LANDLORD shall at all times during the Term hereof maintain and repair, at its own cost and expense, the Building foundation, structure of the floors and walls and structure of the roof (i) for costs covered by including supporting members but excluding roof insulation, roof water leaks, heating and air conditioning systems). In addition, LANDLORD shall replace the Landlord's insurance roof of the Building at its own cost and expense at the end of its useful life subject to Clause 6.4 hereof. 6.2 TENANT shall maintain and repair, at this own cost and expense, the interior of the Building including interior and exterior paint, roof cover and flashing as well as insulation, insulation maintenance, the air conditioning, heating and fire prevention systems and prevention such landscaping as may be presently on the LEASED PROPERTY. All of the installations, infrastructure and fixtures described in the inventory attached hereto as Exhibit “E”, form part of the LEASED PROPERTY. 6.3 TENANT binds itself to replace the installations, infrastructure and fixtures to which reference was made in Section 6.2 above, when required due to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for the negligence or lack of compliance on the part of TENANT with its maintenance obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant Agreement.. 6.4 LANDLORD shall be solely responsible for maintenance bound to replace the installations, infrastructure and fixtures of the exterior and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects Building mentioned in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, Clause 6.2 including the roof, roof structurewhen the useful normal expected life of same has expired, floor slab, foundation, load bearing walls provided however TENANT complied with its maintenance obligations and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are such replacement is not required due to TENANT’S negligence or fault. 6.5 LANDLORD agrees and covenants to carry out within a 6 month term, following the negligent acts or omissions or willful misconduct date of Landlord execution hereof, those improvements to be agreed between LANDLORD and TENANT, which total price will not exceed the amount of USD$100,000.00 (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, one hundred thousand dollars 00/100) legal currency of the Common Areas pursuant to the terms United States of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; America. 6.6 TENANT at all times during the period of said guaranty Landlord's maintenance on the roof TERM hereof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roofLEASED PROPERTY (as described on Exhibit “A”) in good order and will not allow the accumulation of trash, provided Tenant shall reimburse Landlord wastes, debris or other similar materials within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design LEASED PROPERTY or construction defect in the Other Improvements. If Tenant is required during the last fiveloading and unloading areas.

Maintenance, Repairs and Replacements. Except (i) for costs covered by Subject only to Section 5.05 hereof, the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant shall be solely responsible for maintenance of at its own cost repair, replace, maintain and keep the exterior Leased Premises and interior non-structural elements of every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front fixtures and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises furnishings (whether or not same serve only installed or furnished by the PremisesTenant), in good and substantial repair and condition as a prudent owner would do, damage by fire and any other perils against which the Landlord is required under this Lease to insure excepted. The Tenant shall also keep the driveways, walkways, and parking areas free and clear of snow and ice that the Tenant (including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls portion of the mutual driveway lying between the Lands that serve the Leased Premises and exterior structural walls the adjacent building). The Tenant agrees that upon not less than twenty-four (unless required by reason of construction or design defects 24) hours notice (except in the Improvements)case of emergency when no notice shall be required) the Landlord may enter and view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided always that if the Tenant shall not within fifteen (15) days' of such notice, but commence and proceed diligently with the execution of the repairs and works mentioned in such notice, it shall be lawful for the Landlord to enter upon the Leased Premises and execute such repairs and works at the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have no other responsibility for maintenance, repair expended in doing such maintenance and making such repairs and/or replacements together with fifteen percent (15%) of such costs as a management and supervisory fee; provided further that the doing of such maintenance or the making of any such repairs or replacements to by the Premises or any part thereof except to Landlord shall not relieve the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or Tenant from its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fivereplace.

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance a. Owner shall not be required to make any repairs, replacements or improvements of any kind upon, or to maintain, the demised premises. b. At its sole cost and expense, Tenant shall, throughout the Term of this Lease, take good care of the demised premises, the fixtures and appurtenances thereto and the parking lots and sidewalks about the demised premises, including all structures, improvements, betterments, landscaping, utility and sewage equipment, devices and lines, heating, ventilating, air conditioning equipment, fixtures and systems (together, the “HVAC Systems”), electrical, and all plumbing equipment, fixtures and systems, roof, roof decking, foundations, load bearing and non-load bearing walls, slabs, loading docks, drainage, lighting, and all appurtenances, fixtures and other facilities used or useful in connection with the use, operation or occupancy of the demised premises and all alterations and additions thereto and restorations and replacements thereof, and Tenant shall make, at its sole cost and expense, all repairs, replacements, and restorations thereto, including structural repairs, replacements and restorations, as and when appropriate or required by Owner to preserve same in good working order and condition, whether such repairs, replacements or restorations are ordinary or extraordinary or foreseen or unforeseen. For the avoidance of doubt, Tenant expressly acknowledges and agrees that Tenant shall be maintained hereunderresponsible, (ii) at Tenant’s sole cost and expense, for condemnation proceeds the maintenance, repair, and replacement of the HVAC Systems. c. Tenant shall not be entitled to be received any abatement or reduction of rent or additional rent, or to make claim for partial or total eviction, actual or constructive, or interference with or disruption of business or use of the demised premises, or make any claim for damage to property, by Tenant, (iii) for obligations reason of or arising from the negligent acts condition of the demised premises at any time, any repairs or omissions replacements made by or willful misconduct on behalf of Landlord (or its agents or employees)Owner, or (iv) as otherwise set forth in this Leaseany other matter, Tenant shall be solely responsible for maintenance thing, or cause, all of the exterior and interior non-structural elements of the Building, including, but not limited to, repairs and/or replacements to plate glass, which are expressly waived by Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and for the maintenance and repairs and/or replacements required by reason of construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations pertaining to the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days of demand and receipt of reasonable supportive evidence of the amount and payment of the costs to be reimbursed. All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last five.

Maintenance, Repairs and Replacements. Except A. Landlord covenants and agrees throughout the Term to: (i) for costs covered by maintain the Landlord's insurance required to be maintained hereunderstructural components of the Building, including exterior walls and the roof, all landscaped areas and the parking lot; (ii) for condemnation proceeds remedy any defects in Landlord’s Work during the period as specified in paragraph 7 of Exhibit B-2, upon written notice of such defects from Tenant; provided, however, so long as Landlord has assigned to Tenant all warranties obtained by Landlord with respect to improvements installed by or on behalf of Landlord as part of Landlord’s Work, each such obligation with respect to improvements that are the subject of and covered by such warranties shall expire on the third (3rd) anniversary of the Commencement Date, unless a longer warranty period is provided by any component or materials manufacturer. All expenses incurred by Landlord hereunder shall be received deemed Operating Costs, which shall be subject to reimbursement by TenantTenant as Additional Rent. Notwithstanding the foregoing to the contrary, (iii) for obligations arising from Landlord shall not be obligated to make any repairs necessitated by the negligent acts or omissions negligence or willful misconduct of Landlord (Tenant, its agents, employees, contractors, invitees or its agents or employees), or (iv) customers. Except as otherwise set forth expressly provided in this Lease, Landlord shall not be obligated perform any maintenance or to make any other repairs, replacements or improvements of any kind in or to the Premises, or upon any equipment, facilities or fixtures located in the Premises, including all signage. The provisions of this Section 15A. shall not apply in the case of damage or destruction by fire or other casualty or by eminent domain, in which event the obligations of Landlord shall be controlled by Section 18 and Section 19 of this Lease. Landlord shall have no obligation to repair until a reasonable time after the receipt by Landlord of written notice of the need for repairs. In the event that Landlord has elected to maintain the Premises as provided in Section 15(C), Landlord may elect to estimate Tenant’s Operating Costs. In such event, upon request of Landlord, Tenant shall be solely responsible for maintenance pay one-twelfth (1/12) thereof monthly in advance, together with the payment of Fixed Annual Rent. After the end of each Lease Year, Landlord shall furnish Tenant, upon request, a statement of the exterior actual Operating Costs. Tenant shall have thirty (30) days from receipt of such statement to review same and interior non-structural elements to submit to Landlord in writing any objections of Tenant thereto. If no written objections are received by Landlord within said thirty (30) day period, such statement shall be conclusively deemed to be correct as between the parties, and there shall be an adjustment with payment by or refund or credit to Tenant, as the case may require, to the end that Tenant shall pay the entire amount of Tenant’s Proportionate Share for such period but not in excess thereof. Any payments due by Tenant hereunder shall be received by Landlord on or before thirty (30) days following receipt by Tenant of said statement. Tenant covenants and agrees that Tenant shall remain liable for and shall pay its Proportionate Share of Operating Costs in the amounts and times as set forth herein, notwithstanding the expiration or earlier termination of this Lease. Tenant acknowledges that Operating Costs or any item or component of assessment or charge thereunder may be made or assessed by either Landlord and/or the owner or other entity controlling the Common Areas, and Tenant shall pay such charge to the party making such assessment. Landlord shall retain its records regarding Operating Costs for a period of at least twelve (12) months following the final billing for the Lease Year in question. In the event that Landlord elects to undertake maintenance and repair of the BuildingPremises, includingthen Landlord agrees that the following costs shall not be chargeable to Tenant as Operating Costs: (1) Leasing commissions, rent concessions to lessees, tenant improvements and allowances and advertising expenses; (2) Expenditures for capital improvements, except those which under generally accepted accounting principles are expenses or regarded as deferred expenses and except for capital expenditures required by changes in law after the date of this Lease, in either of which cases the cost thereof shall be included in expenses for the calendar year in which the costs are incurred and subsequent years, appropriately allocated to such years on a straight-line basis, to the extent that such items are amortized over an appropriate period, consistent with general accepted accounting principles, with an interest factor equal to the prime rate of The Wall Street Journal, but not limited toin no event greater than the highest rate of interest permitted to be charged by law at the time of Landlord’s having incurred said expenditure; (3) Painting, repairs and/or replacements redecorating or other work which Landlord performs for any lessee or prospective lessee; (4) Repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or condemnation; (5) Depreciation; (6) Interest on, amortization of, and fees and expenses in connection with any mortgages placed upon the Project by Landlord; (7) Rent payable under any lease to plate glasswhich this Lease is subject; (8) Costs and expenses of negotiating and enforcing leases against lessees, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and including attorneys’ fees; (9) Penalties for the maintenance late payment of any Real Estate Taxes or other Operating Costs and repairs and/or replacements required penalties and fines incurred due to Landlord’s violation of any applicable law; (10) Landlord’s general corporate overhead and administrative expenses; (11) Expenses for any item or service not available to Tenant but to certain other tenant(s) of the Project; (12) Expenses for any item or service which Tenant pays directly to a third party or separately pays to Landlord and expenses incurred by reason Landlord to the extent the same are chargeable to any other tenant or occupant of construction and/or design the Project, or third party; (13) Salaries of (i) employees above the grade of building superintendent or building manager, and (ii) employees whose time is not spent directly in the operation of the Project (which may be allocated by Landlord to account for the extent utilized for the Project). (14) Any cost incurred by the gross negligence or willful misconduct of the Landlord, its agents and employees; (15) Capital reserves; (16) The cost of correcting defects in the Improvementsinitial construction of the Building or other portions of the Project; (17) Costs and expenses of investigating, monitoring and remediating hazardous material on, under or about the Project, except as otherwise provided in this Lease; and (18) Any costs reimbursed directly to Landlord by its insurers or other third parties. If Landlord shall maintain purchase any item of capital equipment or make any capital expenditure designed to result in savings or reductions in any of the elements of Operating Costs, then the costs for such capital equipment or capital expenditure are to be included within the definition of “Operating Costs” for the Lease Year in which the costs are incurred and subsequent years, on a straight-line basis, to the extent that such items are amortized over such period of time as reasonably can be estimated as the time in which such savings or reductions in Operating Costs are expected to equal Landlord’s costs for such capital equipment or capital expenditure, with an interest factor equal to the prime rate of The Wall Street Journal, but in no event greater than the highest rate of interest permitted to be charged by law at the time of Landlord’s having incurred said costs. If Landlord shall lease any such item of capital equipment designed to result in savings or reductions in Operating Costs, then the rentals and other costs paid pursuant to such leasing shall be included in Operating Costs for the year in which they are incurred. B. As provided in Paragraph 7 of Exhibit B-2, Landlord hereby assigns to Tenant (to the extent assignable) all structural elements warranties, if any, received by Landlord from contractors, subcontractors, suppliers and manufacturers for materials and construction of that portion of the Premises (whether which is the Landlord’s Work but which shall be Tenant’s responsibility to maintain. To the extent not assigned to Tenant, Landlord shall enforce such warranties, if any, for Tenant’s benefit at no cost or not same serve only liability to Landlord. Landlord’s assignment of warranties shall be on a non-exclusive basis, such that Landlord shall have the Premises)right, independent of Tenant, to enforce such warranties. C. Except to the extent of Landlord’s obligations pursuant to Section 15A. above, Tenant shall keep the Premises in good repair and condition, including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenancerepair, repair or replacements are required due to the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees); provided, however, this provision is in no way intended to limit Landlord's obligation to maintain, and capital repair and replace any and all elements, both structural and non-structural, replacement of: (i) the interior of the Common Areas pursuant to Building; (ii) re-paving of the terms of this Lease. In connection parking lot in keeping with Landlord's maintenance obligations pertaining to best practices; and (iii) all Premises systems including electrical, plumbing, HVAC and life safety systems, and the roof, Tenant shall deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenantfixtures and appurtenances therein, except to the extent subject to warranty hereunder, and including repairs or replacement which would otherwise be an obligation of a construction or design defect not covered Landlord under subparagraph A above when those are necessitated by the guarantyact, omission or negligence of Tenant or its agents, employees or invitees. Following Notwithstanding the expiration foregoing, Tenant shall not be responsible for the capital cost to replace any item constituting a part of the guarantyBase Building, the useful life of which exceeds the remaining Term of this Lease; in the event of such required replacement, Landlord shall continue to maintain be responsible for the roof, provided cost of such replacement and Tenant shall reimburse the item pursuant to the capital expense provisions of Operating Expenses set forth above. Tenant shall also be responsible for janitorial services for the Premises consistent with best practices for property maintenance of class “A” commercial buildings. Tenant shall not suffer any damage, waste or deterioration to occur to the Premises. In the event that Tenant shall fail to properly maintain the Premises, such failure, after expiration of applicable notice and cure periods, if any, shall constitute an event of default hereunder. Upon such event, in addition to any right or remedy otherwise provided pursuant to this Lease, Landlord within may, at its option, if such failure has not been corrected after thirty (30) days of written notice to Tenant, (i) elect to perform such necessary maintenance or make such necessary repairs or replacement as Tenant shall have failed to make or perform, and the cost thereof shall be payable to Landlord on demand as Additional Rent, and receipt of reasonable supportive (ii) thereafter, perform such maintenance at Tenant’s expense with the cost thereof, including a fifteen percent (15%) administrative expense, chargeable to Tenant as Operating Costs. Tenant shall maintain a quarterly service contract on all HVAC systems, and shall provide Landlord evidence of the amount and payment continuation of such contract during the costs to be reimbursed. All maintenance term of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease. So long as Tenant is directly maintaining the Premises as provided above, Landlord agrees that its management fee shall be reduced to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last fiveone percent (1%).