Common use of OBLIGATIONS OF LANDLORD Clause in Contracts

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the common areas of the Property, and keep them in good condition, reasonable wear and tear excepted. The parties agree that, for purposes of this Article 6, Landlord’s obligations extend to the following locations (the “Points of Connection”): (a) with respect to the electrical power (including wiring, electrical components and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas of the Property and which serve the Buildings, to the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx gives such written notice to Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658

OBLIGATIONS OF LANDLORD. Landlord agrees that Tenant shall maintain and repair quietly enjoy the common areas Premises in accord with the provisions hereof, subject only to Section 17. Landlord shall: A. Keep the structure of the PropertyBuilding, and keep them all structural components thereof, including without limitation, footings, foundations, columns, exterior walls, interior weight bearing walls, floor and ceiling slabs, and roof (and all elements of the roof, whether structural or non-structural), in good conditioncondition and repair, reasonable ordinary wear and tear excepted, and make all necessary or appropriate replacements thereto, all at Landlord's sole cost and without inclusion in Operating Costs; and B. Keep all Building systems, including HVAC, life safety, fire suppression sprinkler systems and utility lines and conduits in good condition and repair, ordinary wear and tear excepted, and make all necessary or appropriate replacements thereto. The parties agree thatcost thereof shall be deemed an Operating Cost. C. Provide mains and conduits to supply water, for purposes of this Article 6gas, Landlord’s obligations extend electricity and sanitary sewer service to the following locations (Premises; and D. Consistent with the “Points of Connection”): (a) with respect budget approved by Tenant, operate, maintain and manage the Premises, including grounds and parking areas in a manner reasonably satisfactory to Tenant. All such maintenance which is provided by Landlord shall be provided as reasonably necessary for the electrical power (including wiring, electrical components comfortable use and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas occupancy of the Property and which serve Premises, upon the Buildings, to condition that the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any damages for failure to do so unless due to causes beyond its reasonable control; and E. Maintain in full force and effect during the term hereof, a policy of all-risk insurance, including Difference in Conditions, insuring the improvements for their full replacement value. It is understood that Landlord does not warrant that any of the services and utilities referred to above will be free from interruption from causes beyond the reasonable control of Landlord. Such interruption of service or utilities shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, provided Landlord uses all reasonable efforts to restore such failure continues for an unreasonable time after Xxxxxx gives such services and utilities as soon as possible. Tenant may, at its option, upon no less than ninety days written notice to Landlord, elect to perform obligations of Landlord contained in Section 7B, 7C, 7D and 7E. Upon such election, Tenant shall provide Landlord with verification of its performance in a form reasonably satisfactory to Landlord. In the event Landlord shall be in default of any of the terms and conditions of this Lease then, after Tenant waives has sent a written notice to Landlord of such default and Landlord and the holder of any mortgage against the Premises (but only if Tenant has been previously notified of the existence of such mortgage) has failed to cure such default within thirty (30) days after Landlord's receipt of such written notice, Tenant shall have the right to perform maintenance or make cure such default; provided, however, that if the failure set forth in Tenant's written notice is such that it requires more than thirty (30) days to correct, Tenant shall not be entitled to exercise the foregoing self-help right if Landlord (i) promptly and diligently commences curing the failure within thirty (30) days after the written notice is received by Landlord and (ii) diligently prosecutes to cure to completion such default. Notwithstanding the foregoing sentence, emergency repairs for which Landlord is responsible at are Landlord’s expense. Landlord’s liability with respect 's responsibility pursuant to any maintenance or repair for a specific provision of this Lease and which Landlord is responsible shall be limited necessary to the cost prevent imminent injury or damage to persons or Tenant's property may be made by Tenant after Tenant has notified Landlord of the maintenance or need for such emergency repair, if such notice is reasonably practical under the circumstances, in Tenant's reasonable opinion, and Landlord has failed to commence such repair within such period of time as is reasonable under the circumstances. Any damage to any part of If notice is not reasonably practical under the Property for which Landlord is responsible that is caused by circumstances, Tenant or any agentmay make such repairs without notice. Notwithstanding the foregoing provisions, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense despite such notices and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost expiration of such repairs incurred by Landlord. As used cure periods, except as expressly provided in this Lease, no rent or other payments due from Tenant hereunder may be offset by Tenant, and Tenant shall have no right to perform any obligation of Landlord. In the phrase “ISP Services” event Tenant has exercised a self-help right pursuant to the foregoing provisions of this Section 7, Landlord shall mean: reimburse Tenant for its reasonable out-of-pocket expenditures within thirty (i30) common grounds and road maintenance; days of presentation of invoice in detail reasonably satisfactory to Landlord together with interest from the date that is twenty (ii20) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related days following presentation of invoice until the date such charges have been paid at an annual equal to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658the rate specified in Section 22 herein.

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the Reserved Areas, and the common areas of the Property, and keep them in good condition, reasonable ordinary wear and tear and any periods of restoration or replacement excepted. The parties Landlord shall use and maintain the Reserved Areas in accordance with Applicable Law. With respect to Utilities and any other Infrastructure serving the Premises and located on portions of the Property other than the Premises, the Parties agree thatthat Landlord's obligations under this section 9.1 extend to, for purposes of this Article 6but exclude, Landlord’s obligations extend to the following locations (the “Points of Connection”): Connection (a) or with respect to roads, streets and any other such improvements for which there is no Point of Connection, the electrical power boundary of the Premises) unless otherwise provided in the Utility Plan. Landlord agrees that it shall maintain, at its sole cost and expense, in good condition and repair and as required by Applicable Laws: (including wiringi) those certain dikes and other flood control structures outside of the Premises that are under Landlord's control, electrical components and apparatuswhich are depicted on Exhibit X-x attached hereto, and auxiliary supporting systems (ii) that certain fencing in and equipment such around the Premises that are designated as HVAC equipment)Landlord's responsibility, natural gas service as depicted on Exhibit R-2 attached hereto. Landlord further agrees that to the extent the Airfield Management and water utility systems located on, in or under the common Operations Plan and Wildlife Management Plan address areas outside of the Property Premises owned by Landlord, Landlord shall maintain such areas as required by the Airfield Management and which serve the Buildings, Operations Plan and Wildlife Management Plan. Xxxxxxxx agrees to the applicable meter for each such utility system for each Building; and (b) comply with Applicable Laws with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for burrowing owl habitats located within the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable controlbut outside of the Premises. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time thirty (30) days after Xxxxxx gives such written notice to Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent; provided, employeehowever, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658thirty

OBLIGATIONS OF LANDLORD. At Landlord's cost and expense, Landlord shall maintain and repair only the common areas foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Tenant), the roof and other structural components of the Property, Premises and keep them in good condition, reasonable wear and tear excepted. The parties agree that, for purposes of this Article 6, Landlord’s obligations extend to the following locations (the “Points of Connection”): (a) with respect to the electrical power (including wiring, electrical components and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas of the Property and which serve the Buildings, to the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx Tenant gives such written notice to Landlord. Tenant waives Texxxx xaives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s 's expense. Landlord’s 's liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s 's expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred rexxxxx xxcurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658.

OBLIGATIONS OF LANDLORD. (i) At all times during the Term of this Lease Landlord shall maintain and repair (including capital replacements as needed) the common areas structural elements of the Propertyland, parking lot and keep them Building (including without limitation the land, the foundations, the load bearing walls and, except as otherwise provided in Section 10(b)(vi), the roof and roof membrane system) in good conditioncondition and repair, reasonable wear and tear and damage by fire or other casualty excepted. Landlord's obligation shall not include windows, glass or plate glass, doors, or the interior surfaces of exterior walls, unless due to the failure of a structural element of the Premises such as if the window seals in a majority of the windows failed, and Landlord's obligation shall not include the repair and maintenance items described as Tenant's responsibility under Section 10(b). Except as provided under Section 10(b)(ii) below, Landlord shall also be responsible for capital replacements (as determined in accordance with generally accepted real estate practices) to the Building Systems when needed. Landlord agrees that it shall deliver the Building Systems to the Tenant on the Delivery Date in working order. Except as otherwise expressly provided in this Lease all work performed by Landlord pursuant to this Section 10(a) shall be performed at Landlord's sole cost and expense. Landlord shall, at Landlord's expense, promptly repair any damage to the Premises caused by Landlord or any of the Landlord Parties. (ii) Throughout the Term, Landlord shall perform such roof inspections and maintenance to the roof and the roof membrane as may be required and the reasonable costs incurred by Landlord in order to perform or to cause to be performed such work shall be payable by Tenant as Additional Rent within thirty (30) days after written invoice for same. The parties agree that, that it shall be reasonable for purposes of this Article 6, Landlord’s obligations extend Landlord to perform or cause to be performed any work reasonably required in order to comply with the following locations (roof warranty for the “Points of Connection”): (a) with respect to the electrical power (including wiring, electrical components and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas roof of the Property and which serve the Buildings, to the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writingIn addition, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect request repairs to be made to the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx gives such written notice to Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at roof upon Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; 's request. (iii) structural fire response Notwithstanding the foregoing, if Landlord shall make a capital expenditure which effectuates cost savings to Tenant in Tenant's operation and periodic Fire Marshal inspections; maintenance of the Premises (iv) first responder operations (Hazardous Materialother than one which is required to be made pursuant to Section 12 below); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related , then Tenant shall reimburse Landlord for such capital expenditure to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658the extent of the savings.

OBLIGATIONS OF LANDLORD. Landlord shall maintain keep in good order; condition and repair the common areas structural portions, foundations, exterior walls, canopy, roof, downspouts and gutters of the PropertyBuilding (excluding all windows, doors, plate glass and storefronts, and keep them in good conditionexcept for damage caused by any act, reasonable wear negligence or omission of Tenant or its employees, agents, invitees, licensees, contractors or subtenants, damage or destruction caused by any casualty not required to be repaired under Article 17 and tear exceptedany condemnation or taking of the Premises or the Shopping Center governed by Article 18). The parties agree that, for purposes Such maintenance and repair of this Article 6, the structural portions and foundations of the Building and the structural members of the roof of the Building shall be at Landlord’s obligations extend to the following locations (the “Points of Connection”): (a) with respect to the electrical power sole cost and expense; all other maintenance and repair described above (including wiringmaintenance, electrical components repair and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas replacement of all portions of the Property and which serve the Buildings, to the applicable meter for each such utility system for each Building; and (b) with respect to the common areas roof of the Property and all utility systems Building other than electrical power, natural gas service the structural members) shall be included in Common Area Operating Costs and water, paid by Tenant pursuant to the point which is five (Article 5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect have no obligation to make any repairs or replacements hereunder until the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord expiration often (10) days following written notice from Tenant to Landlord of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx gives such written notice to Landlordtherefor. Tenant waives any right now or hereafter granted by law to make any repairs under this Paragraph 11.1 upon Landlord’s failure to do so hereunder or otherwise. Landlord shall give Tenant at least 48 hours prior verbal notice before entering the Building to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expenseobligations hereunder. Tenant shall provide Landlord with an emergency contact number for Landlord’s liability with respect use when 48 hours notice is not possible due to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658emergency circumstances.

OBLIGATIONS OF LANDLORD. Landlord shall, at Landlord’s sole cost and expense and at all times, keep all structural portions of the building foundation, structural portions of the exterior walls, structural portions of the roof, the roof membrane, and subsurface plumbing (as it relates to structural maintenance or repair), during the Term and all renewals thereof in good working order, condition and repair. Landlord shall maintain be responsible for causing the parking areas and repair the common areas driveways of the PropertyPremises to be swept periodically, and keep them for the maintenance of exterior landscaping, subject to reimbursement for the cost thereof pursuant to Section 3.1(b). Landlord slurry-coated a portion of the parking area adjacent to the Premises approximately two and one-half (2 1/2) years ago. Landlord will slurry-coat the remainder of such parking area (consisting of the rear of the parking area extending from approximately the back edge of the building in good conditionwhich the Premises is located to the rear boundary line of the parcel on which the Premises is located) within a reasonable time after the Commencement Date, reasonable wear weather permitting, and tear exceptedthe cost thereof shall not be included as an Operating Expense. Additional costs to maintain or repair such parking areas shall be included as Operating Expenses. The parties agree that, for purposes foregoing obligations of this Article 6, Landlord shall not diminish or otherwise affect Tenant’s duty to maintain the non-structural portions of the Premises pursuant to Section 6.1(a). Landlord’s obligations extend repairs will be at least equal in quality and workmanship to the following locations (original work and Landlord will make the “Points of Connection”): (a) with respect to the electrical power (including wiring, electrical components and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas of the Property and which serve the Buildings, to the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services repairs in accordance with Landlordall laws. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s current standards business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and practices (equipment therein. Notwithstanding the foregoing, Landlord agrees to use commercially reasonable efforts to perform repairs, improvements or alterations in such a manner as to minimize the inconvenience to Tenant’s business within the Premises. It is the intention of the Landlord and Tenant acknowledges that trash the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises. Tenant and Landlord expressly waive the benefit of any statute now or hereafter in effect to the extent it is collected only three (3) times per week). Landlord shall provide ISP Services inconsistent with the terms of this Lease with respect to, or which affords Tenant the right to make repairs at the expense of Landlord or to terminate this Lease by reason of, any needed repairs, provided that, in an emergency, Tenant may make any repairs reasonably necessary to prevent damage to persons or property and be reimbursed the reasonable cost thereof by Landlord to the Property in accordance with Landlord’s current practices and standards for extent the Property, subject same is not an Operating Expense or other expense that Tenant would be required to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx gives such written notice to Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to under this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658On the event Landlord fails to reimburse Tenant for such costs incurred by Tenant within ten (10) Business Days after Landlord’s receipt of written notice from Tenant, together with supporting invoices and evidence of Tenant’s payment thereof, Tenant shall have the right to offset such costs against rent next due under this Lease.

OBLIGATIONS OF LANDLORD. So long as Tenant shall perform each and every covenant to be performed by Tenant hereunder, Landlord agrees that Tenant shall maintain quietly enjoy the Premises in accord with the provisions hereof and repair the common areas that Landlord shall: A) Furnish heat and air conditioning to provide an environment that in Landlord's reasonable judgment is comfortable for occupancy of the PropertyPremises under normal business operations and in accordance with any applicable regulations daily from 8:00 A.M. to 6:00 P.M. (Saturdays after 1:00 P.M., Sundays and holidays excepted). If heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord, at the request of Tenant, shall install supplementary air conditioning equipment in the Premises, if such installation is deemed practical in the sole judgment of Landlord, and keep them the cost of any such equipment, together with the cost of installation, operation and maintenance thereof (including all utility costs incurred in connection therewith) shall be paid by Tenant to Landlord as additional rent, together with each monthly installment of Base Rent, at such rates as are determined by Landlord. Any such equipment will be owned by Landlord. B) Provide passenger elevator service in common with others at all times. C) Provide janitorial service in and about the Premises (Saturdays, Sundays and holidays excepted). Additional janitorial services will be a direct expense billable to Tenant. Landlord will reduce Tenant's Operating Cost share if Tenant contracts for its own janitorial services. All charges, additions, or deletions shall be provided in advance upon a thirty (30) day written request from Tenant to Landlord. D) Keep the foundations, the exterior walls and the roof of the Building in good conditionrepair, reasonable ordinary wear and tear excepted. The parties agree that; provided, however, if the need for purposes of this Article 6such repairs is directly or indirectly attributable to or results from any activity being conducted within the Premises, Landlord’s obligations extend Tenant agrees to the following locations (the “Points of Connection”): (a) reimburse Landlord for all costs and expenses incurred by Landlord with respect to such repairs. Landlord shall commence any repairs it is required to do hereunder as soon as reasonably practicable after receiving written notice from Tenant of the electrical power (including wiringnecessity for such repairs, electrical components but in no event shall Landlord be required to make any other repairs. Landlord's obligations hereunder shall be subject to the provisions of Sections 9 and apparatus10. E) Provide water for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord at such points of supply provided for general use of other tenants in the Building. F) Provide interior window covering of a venetian or similar blind for exterior windows as part of the Tenant's Leasehold Improvements. Tenant, at its own expense, and auxiliary supporting systems with Landlord's prior written consent may install drapes or other window coverings to the inside of said blinds (and equipment such as HVAC equipmentif installed shall maintain them in an attractive and safe condition); provided, natural gas service and water utility systems located onhowever, in or under the common areas sole discretion of Landlord they are in harmony with the exterior and interior appearance of the Property Building and which serve create no safety or fire hazard. G) Furnish Tenant with Twenty (20) keys or access cards for each corridor door entering the BuildingsPremises, and additional keys or access cards at a charge by Landlord on an order signed by Tenant. All such keys or access cards shall remain the property of Landlord. Except as provided in Subparagraph (J) below no additional locks shall be allowed on any door of the Premises without Landlord's written consent, and Tenant shall not make or permit to be made any duplicate keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord at the address then provided for the payment of rent all access cards and keys to the applicable meter Premises, and give to Landlord the combination of all locks for each such utility system safes, safe cabinets and vault doors, if any, in the Premises. H) Make and install or provide for each Building; the installation of Tenant's leasehold improvements in accordance with the plans and (b) with respect to the common areas of the Property specifications, terms and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx conditions set forth in writingExhibit B. Except as specifically provided for in this Lease, Landlord shall providehave no obligation to repair, improve, redecorate or remodel the Premises after occupancy. Without limiting the obligations of Landlord pursuant to the materials attached as Exhibit B, Landlord shall, in a Demand Servicegood and workmanlike manner, janitorial services in accordance with perform or cause to be performed the work and installation contemplated by the final plans, including any work and installation reasonably inferable therefrom and the obtaining of all necessary permits and approvals from applicable governmental and quasi-governmental authorities (such work and installation, "Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week's Work"). Landlord shall provide ISP Services with respect notify Tenant when Tenant's Leasehold Improvements have been substantially completed, and Tenant shall thereafter promptly inspect the Premises and furnish to Landlord a statement that the Premises have been completed subject to certain enumerated items (the "Punch List"). All items on the Punch List shall be completed in a diligent manner after the date of Substantial Completion. Landlord shall permit Tenant and/or its agents, representatives or employees to enter the Premises prior to the Property in accordance Commencement Date for any purpose consistent with Landlord’s current practices and standards for the Property, subject terms of this Lease. Landlord shall assign to temporary shut down for repairs, for security purposes, for compliance with Tenant any Applicable Laws warranties relating to those portions or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice elements of the need for any maintenance or repair Premises for which Tenant is responsible for repair and maintenance hereunder. Landlord's obligation under this Section shall not exceed Twenty-Five Dollars ($25.00) per square foot of Rentable Area. Any cost in excess of $25.00 per square foot Rentable Area shall be the obligation of Tenant. It is understood that Landlord is responsible, after which does not warrant that any of the services and utilities referred to above will be free from interruption from causes beyond the reasonable control of Landlord. Such interruption of service or utilities shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease. I) Landlord and Tenant agree to enter into a separate agreement allowing Tenant to install necessary communications and security equipment on the rooftop of the Building. J) Landlord shall have a reasonable opportunity allow Tenant to perform install, maintain and repair additional security devices, including locks and card access in the maintenance or make Premises as long as those additions are kept within the repair, Building's master system and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx gives such upon advance written notice to the Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible Any default of Tenant's obligations under such agreement shall be limited considered a default under the terms of this Lease. K) Landlord shall provide adequate exterior space for Tenant's signage, which signage shall be approved by Landlord and maintained by Tenant. Tenant and Landlord agree to work in a good faith effort with Landlord's Architect to design such signage to be in keeping with the cost first class quality of the maintenance or repair. Any damage to any part of the Property for which Building. L) Landlord is responsible that is caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing enter into a separate agreement allowing for the installation of an ATM in the south Building parking lot and a Night Depository with 24-hour access in the first floor interior common area space that is architecturally compatible with the Building and in a location approved by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in Any default of Tenant's obligations under such agreement shall be considered a default under the terms of this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658.

OBLIGATIONS OF LANDLORD. Landlord agrees that Tenant shall maintain quietly enjoy the Premises in accord with the provisions hereof, subject only to Section 18. Landlord shall: A. Furnish heat and repair the common areas air conditioning to provide an environment that in Tenant's reasonable judgment is comfortable for occupancy of the PropertyPremises for Tenant's business operations and in accordance with any applicable regulations. B. Provide passenger elevator service at all times. C. Provide janitorial service in and about the Premises as determined by Tenant in is reasonable judgment. D. Keep the structure of the Building, and keep them all structural components thereof, including without limitation, footings, foundations, columns, exterior walls, interior weight bearing walls, floor and ceiling slabs, and roof (and all elements of the roof, whether structural or non-structural), in good conditionrepair, reasonable ordinary wear and tear excepted. The parties agree that, and make all necessary or appropriate replacements thereto, all at Landlord's sole cost and without inclusion in Operating Costs. E. Provide water for process, drinking, lavatory and toilet purposes of this Article 6, drawn through fixtures installed by Landlord’s obligations extend . F. Provide electricity to the following locations Premises for lighting and operation of small business office equipment (but not equipment using amounts of power in excess of that for which the “Points of Connection”): (a) Premises are presently designed and rated). G. Landlord shall, consistent with respect the budget approved by Tenant, operate, maintain and manage the Project, including grounds and parking areas in a manner mutually satisfactory to Landlord and Tenant or as reasonably requested by Tenant. All such maintenance which is provided by Landlord shall be provided as reasonably necessary for the electrical power (including wiring, electrical components comfortable use and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas occupancy of the Property and which serve Premises during Tenant's business hours, upon the Buildings, to condition that the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any damages for failure to do so unless such failure continues due to causes beyond its control. H. Maintain in full force and effect during the term hereof, a policy of all-risk insurance, insuring the improvements for an unreasonable time after Xxxxxx gives such written notice their full replacement value. It is understood that Landlord does not warrant that any of the services and utilities referred to above will be free from interruption from causes beyond the reasonable control of Landlord. Tenant waives any right to perform maintenance Such interruption of service or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance utilities shall never be deemed an eviction or repair for which Landlord is responsible shall be limited to the cost disturbance of Tenant's use and possession of the maintenance Premises or repair. Any damage to any part thereof or render Landlord liable to Tenant for damages by abatement of the Property for which Landlord is responsible that is caused by rent or otherwise or relieve Tenant or any agent, employee, contractor, licensee or invitee from performance of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in 's obligations under this Lease, provided Landlord uses all reasonable efforts to restore such services and utilities as soon as possible. Following the phrase “ISP Services” transfer of Landlord's interest in the Project, other than a transfer for security purposes only, to an entity which is not controlled by Ryan Xxxpanies US, Inc., its parent, subsidiary or affiliate, or to an entity which is not controlled by the principals of Ryan, xxs parent, subsidiary or affiliates, Tenant may at any time during the Term, upon at least sixty (60) days prior notice, elect to assume the obligation of Landlord to operate, maintain and manage the Project (other than the obligations of Landlord under Sections 7D, 12 and 13 and for capital improvements that may be included in Operating Costs, which Landlord shall mean: (i) common grounds retain), in which event Operating Costs shall be prorated as of the date Tenant assumes such obligations and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and Landlord shall not thereafter be entitled to any management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658fee.