Common use of Repair and Maintenance Clause in Contracts

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Except for Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above's obligation under Section 5.1.4, Tenant at its cost shall maintain the leased premisesshall, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of during the term of this Lease AgreementLease, maintain the Premises in neat and clean order and condition, contract for daily cleaning and routine pest control services for the Premises, and perform all repairs to the Premises and all fixtures, systems, and equipment therein (including Tenant's equipment and other personal property) as are necessary to keep them in good and clean working order, appearance and condition and consistent with other premises in first-class buildings used for the Permitted Uses, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted and shall replace any damaged or broken glass in windows and doors of the Premises (except glass in the exterior walls of the Building) with glass of the same quality as that damaged or broken. Tenant shall secure and pay for, keep in full force and effect and enforce, contracts with appropriate and reputable service providers (such contracts and providers to be approved in advance by Landlord) providing for regular maintenance of any ventilating and air-conditioning systems or components servicing the Premises exclusively and copies of such contracts and service call requests and invoices shall be furnished to Landlord upon request. Tenant shall keep any garbage, trash, rubbish or other refuse in vermin-proof containers within the interior of the Premises until removed, and shall dispose of such refuse in properly sealed bags placed in dumpsters provided and emptied by Tenant's trash removal contractor at Tenant's sole expense. Landlord shall have no obligation to collect or dispose of any (a) radioactive, volatile, highly flammable, explosive of toxic materials, (b) needles, syringes, lancets, similar sharp objects or contaminated wares, (c) human or animal tissue or products, or prior termination(d) any other Hazardous Materials, any item identified in clauses (a) through (d), above, hereinafter referred to as "Excepted Waste". Tenant shall surrender the leased premises agrees that title to Landlord in the same condition as received, normal wear and tear, damage liability for any Excepted Waste from the elementsPremises shall remain with Tenant, fire or other casualty, damage even if Landlord is required to repair hereunder, or damage from the negligence or willful misconduct collects and/or disposes of Landlord, its agents or employees, exceptedany such Excepted Waste. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall maintain keep the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Premises including, without limitation, those portions of all Initial Tenant Improvements, other Tenant Work, Tenant Property, fixtures, systems and equipment now or hereafter on the systems lying outside Premises, or elsewhere exclusively serving the premises. c. The Landlord Premises, in good order, condition and repair, reasonable wear and tear excepted; shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, keep in a safe, clean secure and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEsanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include, without limitation, Tenant’s obligation to maintain floors and floor coverings, to repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in and exclusively serving the Premises. Tenant at shall hire its cost own cleaning contractor for the Premises and shall perform provide first-class janitorial service in the following: a. Any construction, modification and/or improvements made to Premises on each business day during the leased premise will be at Term (including daily disposal of trash from trash bins in the expense of the Premises). Tenant (unless otherwise agreed)shall arrange for its own appropriately sized dumpster, and will require shall locate the approval same in the vicinity of the Tenant’s loading bay in a manner reasonably approved by Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationIf applicable, Tenant shall surrender arrange for disposal of its own lab-related refuse by a licensed vendor in accordance with all applicable Legal Requirements. No storage shall be permitted outside of the leased premises to Landlord Premises. Storage inside the Premises shall be provided in a manner not visible from outside the same condition as receivedPremises. (For purposes of this Section, normal the term “reasonable wear and tear” constitutes that normal, damage gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees obligations duty to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesand/or repair as may be required hereunder.)

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Subject to provisions of Paragraph 15 of this Lease, below, Landlord shall keep and maintain the roof, paving, structural elements, landscaping, irrigation systems and exterior walls of the Building and the Property in good order and repair. Landlord at shall also keep and maintain in good order and repair the windows, window frames, doors, hardware, interior walls, and the electrical, plumbing, lighting, heating and air conditioning systems. Such expenses shall be included in Operating Expenses for purposes of Paragraph 3 above. If, however, any repairs or maintenance are required because of an act or omission of Tenant, or its cost agents, employees or invitees, then Tenant shall maintain the following: a. The structural parts pay to Landlord upon demand one hundred percent (100%) of the building costs of such repair or maintenance (except that if Landlord elects to file a claim and other improvementsis reimbursed, that are part Tenant shall pay only the amount not so reimbursed. Notwithstanding anything in this Lease to the contrary, after the initial construction of the leased premises which structural parts include Improvements in the foundationsPremises by Landlord pursuant to the provisions of Paragraph 6 of this Lease, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from no obligation to alter, remodel, improve, decorate, or paint the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection areaPremises or any part thereof. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. B. Except as expressly provided in paragraph 8.1 subparagraph 10.A above, Tenant shall, at its cost shall sole cost, keep and maintain the leased premisesinterior of the Premises in good and sanitary order, condition and repair. Notwithstanding anything to the contrary in the Lease, in no event shall Tenant's obligation to repair under this section extend to (i) damage and repairs covered under any insurance policy carried by Landlord in connection with the Premises or Building; (ii) damage caused by any defects In the design, construction or materials of the Building, including all janitorial care of the office and restroom facilities associated with this spacePremises, and at improvements installed therein by Landlord; (iii) damage caused in whole or in part by the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the gross negligence or willful misconduct of Landlord or Landlord's agents, employees, invitees or licensees; (iv) repairs covered under any Operating Expenses; (v) reasonable wear and tear; (vi) conditions covered under any warranties of Landlord's contractors; or (vii) damage by fire and other casualties, or acts of governmental authorities, or acts of god and the elements. Landlord may give Tenant written notice of any repairs that are required under the terms of this Lease and Tenant shall proceed forthwith to effect the same with-reasonable diligence, but in no event later than ten (10) days after receipt of such notice. If Tenant fails to proceed to repair or maintain the Premises with due diligence or within the ten (10) day period provided herein, Landlord may, in addition to any other remedies Landlord may have at law or in equity, perform the repairs or maintenance and, in such event, Tenant shall promptly reimburse Landlord the cost thereof, as Additional Rent within ten (10) days from written receipt, with interest thereon at the Interest Rate until such amount is paid in full by Tenant. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Landlord, its agents or employees, exceptedas provided in Section 1942 of said Civil Code. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord's Obligations. Landlord at its cost shall maintain keep in good ---------------------- order, condition and repair (i) the following: a. The structural parts of the building Building, which structural pans include only the foundation and subflooring of the Building and the structural condition of the roof and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Tenant), (ii) the roof membrane, and (iii) the common areas of the Project. The costs incurred by Landlord to perform the foregoing obligations to the extent they are deemed "Operating Costs" (as defined in Section 2C) shall be passed through to Tenant and other improvementstenants in the Project, except that are part any damage to any of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from foregoing caused by the negligence or willful misconduct acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Tenant or Tenant's agents, employees or contractors during the performance of the Work shall be repaired by Landlord, its agents solely at Tenant's expense, or employeesat Landlord's election, excepted. c. such repairs shall be made by Tenant, at Tenant's expense, with contractors approved by Landlord. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant also agrees to maintain outdoor areas affected by the operations shall have notified Landlord of the business in an orderly fashion, including, but not limited to, stacking need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and disposal 1942 of pallets, trash the California Civil Code and recycling areas, employee litter any similar or successor law regarding Tenant's right to make repairs and damage to deduct the facilitiesexpenses of such repairs from the Rent due under this Lease.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEThe LESSEE accepts responsibility for promptly reporting all conditions that require repair either via the computerized repair request system or to the Orchard Park Office. Landlord at The OWNER or its property manager will make repairs, paint, or make other alterations to the apartments, buildings and grounds. Routine maintenance and repairs will be made within reasonable time and during normal working hours. Emergency repairs will be carried out as soon as possible. Emergencies are those situations when failure of immediate repair would subject the LESSEE or other residents to imminent danger to their health or personal safety, or cause additional or extensive damage to the building or personal property. The LESSEE agrees to bear the cost shall maintain the following: a. The structural parts of the building and other improvements, that are part repair of any damage to or restoration of the leased premises which structural parts include the foundationsbuilding, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions equipment or furnishing resulting from any neglect or willful act of the systems lying outside LESSEE or guests. The OWNER and its property manager have sole discretion in determining the premises. c. amount of damages charged to the LESSEE for repairs and cleaning, provided, however that said charges will not exceed actual costs of said repairs and cleaning. Any repairs or maintenance for which the LESSEE is liable will be charged to the LESSEE. This charge will be paid by the LESSEE upon receipt of charges. The Landlord LESSEE may not undertake repairs personally or contract other persons to do so during the LESSEE’s tenancy or upon the termination of tenancy. The foregoing shall have all snow and ice removed from not limit the sidewalks leading LESSEE’s right to request that the UNIVERSITY repair damage, correct deficiencies, or otherwise service the premises during the tenancy. Notwithstanding such a request, the LESSEE shall be liable for any damages done to the premises as soon as practicable, and see that snow from or deficiencies created by the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as receivedLESSEE, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, tear excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Should it not be available during your stay, we limit the following: a. The structural parts refund to $20/day not to exceed $120 for the full term of the building booking It is cleaned prior to guest’s arrival & treated with time releasing tablets. These are not magic tablets. How clean this water stays is entirely up to our guests, who are encouraged to shower before entering the Hot Tub and other improvementsview it as a bathtub they are sharing with their entire group over multiple days. Regardless of length of stay, each booking comes with the initial cleaning. Additional Hot Tub change outs may be available for $125 plus taxes. As this task is coordinated around check-ins, the person doing the Hot Tub change out is not always available last minute. For that fee, the water is completely pumped out of the Hot Tub. The Hot Tub is then scrubbed and sanitized. Rinsed and this water is pumped out. The Hot Tub is then filled with water. This fresh water is heated and treated. Repair and maintenance problems must be reported to The Host at the time of arrival or occupancy or occurrence, otherwise such repairs or problems will be presumed to have been caused by the Renter & Renter will be held liable for any necessary repairs. The Host will not be responsible for any expenses incurred by the Renter or others unless we authorize Renter to incur such expenses in writing. Renter agrees to 1) allow at least 24 hours for the problem to be resolved, 2) Xxxxxx agrees to notify Host of issues they notice (such as loose door handles, running toilet, low battery remotes, etc.) that needs to be addressed 3) Let Host know if they in fact want the issue addressed during their stay (or after their departure). The Host very much appreciates being informed of anything needing to be addressed. Xxxxxx agrees throughout their stay to TEXT / MESSAGE, or email, about anything Renter think needs attention or even recommendations about items they’d like to see in the property, that would have made the stay more enjoyable. Host is proactive on addressing things & Xxxxxx agrees NOT to include any "temporary" issues in a Review. Renter agrees to focus any review on if it was as advertised, Focusing on Amenities, the Community the house is in, its general location, etc. Reviews take weeks to appear. Timely notice of anything needing attention not only helps the Host, but insures the issue is addressed either during Xxxxxx’s stay or prior to the next guest’s arrival. Routine Property maintenance is scheduled when properties are part not booked. Occasionally the unexpected happens and areas of the leased premises which structural parts include the foundationsproperty may be blocked off during emergency repairs (such as decks, bearing and exterior wallsdocks, subflooring and roofpool area, etc. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area ) Every effort is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed)not have this interfere with guest’s stay, and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termhowever sometimes this is unavoidable. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (a) Landlord at its cost shall maintain be responsible for the following: a. The structural parts following repair and maintenance obligations: (i) maintenance and repair of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those (including glass) portions of the Building, roof structure (including membrane) and concrete slabs; (ii) repairs and maintenance of the Building systems lying outside for electrical, mechanical, HVAC serving the premises. c. The Landlord shall have Premises or plumbing and all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, controls appurtenant thereto; (iii) parking areas, hallways courtyards, sidewalks, entry ways, the entry vestibule, lawns, landscaping and stairs other similar facilities of the Project, and restrooms(iv) structural portions of the Project. In emergency situations, in Tenant shall have the authority to contact directly any venders approved by Landlord and order repairs. In the event of a safedispute between Landlord and Tenant concerning which party should pay for the cost of said repairs and maintenance, clean and orderly conditionthe dispute shall be resolved by arbitration pursuant to Paragraph 40 of this Lease. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE(b) Tenant shall maintain and repair the interior portion of the Premises and any improvements serving only the Premises, such as security systems, and any additional tenant improvements, alterations or additions installed by or on behalf of Tenant within the Premises, however, excluding any portions thereof which are structural in nature or which are the obligation of Landlord under Paragraph 7(a). Tenant at shall be responsible for the expense of installation, operation, and maintenance of its cost shall perform telephone and other communications cabling from the following: a. Any construction, modification and/or improvements made point of entry into the Building to the leased premise will Premises and throughout the Premises. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. If Tenant fails after thirty (30) days’ written notice by Landlord to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the Tenant reasonable expenses thereof incurred by Landlord shall be reimbursed immediately as Additional Rent within thirty (unless otherwise agreed)30) days after submission of a xxxx or statement therefor; provided, and will require however, that in the approval event of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationnon-emergency repairs, Tenant shall surrender have the leased premises right to notify Landlord, in writing, within ten (10) business days of its receipt of Landlord’s written notice that Tenant disputes that said repairs should be made by Tenant. If Tenant provides such written notice to Landlord, Landlord and Tenant shall, for a period of twenty (20) days thereafter, attempt to resolve the dispute. If the parties are unable to resolve the dispute within such twenty (20) day period, the dispute shall be resolved by arbitration pursuant to Paragraph 40. Landlord shall not undertake any non-emergency repairs until the dispute is resolved. In the event that Landlord undertakes any emergency repairs, Tenant shall have the right to notify Landlord, in writing, within ten (10) business days of the same condition as receiveddate Tenant learns of the emergency repairs, normal wear that Tenant disputes the need for such repairs or that the costs thereof are Landlord’s responsibility under this Lease. If Tenant notifies Landlord of such dispute, Landlord and tearTenant shall then for a period of twenty (20) days thereafter, damage attempt to resolve the dispute. If the parties are unable to resolve the dispute within such twenty (20) day period, the dispute shall be resolved by arbitration pursuant to Paragraph 40. (c) The purpose of Paragraphs 7(a) and 7(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs therefor are covered under this Paragraph 7(c) and Paragraph 3. Tenant shall bear the full cost of repairs or maintenance interior or exterior, structural or otherwise, to preserve the Premises and the Building in good working order and condition, arising out of (i) the performance or existence of any alteration or modification to the Premises made by Tenant; (ii) the installation, use or operation of Tenant’s property or fixtures; (iii) the moving of Tenant’s property or fixtures in or out of the Building or in and about the Premises; or (iv) except to the extent any claims arising from any of the elements, fire foregoing are reimbursed by insurance carried by Landlord (or other casualty, damage Landlord is would have been reimbursed by Landlord’s insurance required to repair hereunderbe carried under this Lease had Landlord maintained the insurance required pursuant to Paragraph 10(f) of this Lease), are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, the acts, omissions or negligence of Tenant, or damage from the negligence or willful misconduct any of Landlordits servants, its agents or employees, exceptedcontractors, agents, visitors, or licensees, or the particular use or particular occupancy or manner of use or occupancy of the Premises by Tenant or any such person. c. Tenant also agrees (d) There shall be no abatement of Rent with respect to maintain outdoor areas affected by the operations any repairs, maintenance, alteration or improvement in or to any portion of the business Building, including the Premises, or in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage or to the facilitiesfixtures, appurtenances and equipment therein except as expressly set forth in Paragraphs 12(f), 20, and 21.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (a) Landlord at its cost shall maintain be responsible for the following: a. The structural parts following repair and maintenance obligations: (i) maintenance and repair of the building and other improvementsexterior (including glass), that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the Building, roof structure (including membrane) and concrete slabs; (ii) repairs and maintenance of the Building systems lying outside for electrical, mechanical, HVAC serving the premises. c. The Landlord shall have Premises or plumbing and all snow controls appurtenant thereto; and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, (iii) parking areas, hallways courtyards, sidewalks, entry ways, lawns, landscaping and stairs other similar facilities of the Project. In emergency situations, Tenant shall have the authority to contact directly any venders approved by Landlord and restroomsorder repairs. In the event of a dispute between Landlord and Tenant concerning which party should pay for the cost of said repairs and maintenance, in a safe, clean and orderly conditionthe dispute shall be resolved by arbitration pursuant to Paragraph 40 of this Lease. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE(b) Tenant shall maintain and repair the interior portion of the Premises and any improvements serving only the Premises, such as security systems, and any additional tenant improvements, alterations or additions installed by or on behalf of Tenant within the Premises, however, excluding any portions thereof which are structural in nature or which are the obligation of Landlord under Paragraph 7(a). Tenant at shall be responsible for the expense of installation, operation, and maintenance of its cost shall perform telephone and other communications cabling from the following: a. Any construction, modification and/or improvements made point of entry into the Building to the leased premise will Premises and throughout the Premises. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. If Tenant fails after thirty (30) days’ written notice by Landlord to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the Tenant reasonable expenses thereof incurred by Landlord shall be reimbursed immediately as Additional Rent within thirty (unless otherwise agreed)30) days after submission of a xxxx or statement therefor; provided, and will require however, that in the approval event of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationnon-emergency repairs, Tenant shall surrender have the leased premises right to notify Landlord, in writing, within ten (10) business days of its receipt of Landlord’s written notice that Tenant disputes that said repairs should be made by Tenant. If Tenant provides such written notice to Landlord, Landlord and Tenant shall, for a period of twenty (20) days thereafter, attempt to resolve the dispute. If the parties are unable to resolve the dispute within such twenty (20) day period, the dispute shall be resolved by arbitration pursuant to Paragraph 40. Landlord shall not undertake any non-emergency repairs until the dispute is resolved. In the event that Landlord undertakes any emergency repairs, Tenant shall have the right to notify Landlord, in writing, within ten (10) business days of the same condition as receiveddate Tenant learns of the emergency repairs, normal wear that Tenant disputes the need for such repairs or that the costs thereof are Landlord’s responsibility under this Lease. If Tenant notifies Landlord of such dispute, Landlord and tearTenant shall then for a period of twenty (20) days thereafter, damage attempt to resolve the dispute. If the parties are unable to resolve the dispute within such twenty (20) day period, the dispute shall be resolved by arbitration pursuant to Paragraph 40. (c) The purpose of Paragraphs 7(a) and 7(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs therefor are covered under this Paragraph 7(c) and Paragraph 3. Tenant shall bear the full cost of repairs or maintenance interior or exterior, structural or otherwise, to preserve the Premises and the Building in good working order and condition, arising out of (i) the performance or existence of any alteration or modification to the Premises made by Tenant; (ii) the installation, use or operation of Tenant’s property or fixtures; (iii) the moving of Tenant’s property or fixtures in or out of the Building or in and about the Premises; or (iv) except to the extent any claims arising from any of the elements, fire foregoing are reimbursed by insurance carried by Landlord (or other casualty, damage Landlord is would have been reimbursed by Landlord’s insurance required to repair hereunderbe carried under this Lease had Landlord maintained the insurance required pursuant to Paragraph 10(f) of this Lease), are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, the acts, omissions or negligence of Tenant, or damage any of its servants, employees, contractors, agents, visitors, or licensees, or the particular use or particular occupancy or manner of use or occupancy of the Premises by Tenant or any such person. (d) Except to the extent any claims arising from any of the foregoing are reimbursed by insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraphs 20 and 21, there shall be no abatement of Rent with respect to, and except for Landlord’s gross. negligence or willful misconduct of Landlordmisconduct, its agents Landlord shall not be liable for any injury to or employeesinterference with Tenant’s business arising from, excepted. c. Tenant also agrees any repairs, maintenance, alteration or improvement in or to maintain outdoor areas affected by the operations any portion of the business Building, including the Premises, or in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage or to the facilitiesfixtures, appurtenances and equipment therein.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. (1) The structural parts of the building and other improvements, Tenant covenants that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of during the term of this Lease Agreementand any renewal thereof, the Tenant shall keep the Leased Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Tenant shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Landlord’s, or prior terminationits agent’s, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear contractor’s and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the employee’s negligence or willful misconduct of Landlordintentional actions, its agents at no time is the Landlord responsible for any repairs or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesHangar or the Leased Premises. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Leased Premises including the Hangar to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; and, (b) if the Tenant refuses or neglects to keep the Leased Premises including the Hangar in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Leased Premises and Hangar, including by its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and repairs. If the Landlord makes such repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state of good repair and subject to the conditions contained in this Article 9(3). The Tenant may remove the Hangar provided the Tenant places the Leased Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal fees. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Leased Premises including the Hangar from any cause. (5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage, including damage to property or personal injury, as a result of the Tenant’s use of the Leased Premises, Airport or Property and the Tenant hereby waives any cause of action in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges that it shall not institute any claim or make any demand against the Landlord, or anyone that may claim indemnity from the Landlord, for any personal injury or damage to property, including aircraft, as a result of the Tenant’s use (including storage) of the Hangar, Airport or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other Tenant and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Tenant or its agents, customers, employees, contractors or invitees.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Subject to the provisions of Article 12, and except for damage caused by any act or omission of Tenant or persons acting under Tenant, Landlord at its cost shall maintain make such repairs and replacements to the following: a. The roof structure and roof membrane; exterior walls; floor slabs, footings, foundations, columns, and other structural parts components of the building Building; glass in exterior windows and exterior doors of the Building; and other improvementsBuilding systems up to the Utility Switching Points, that are part of the leased premises which structural parts include the foundations, bearing as may be necessary to properly maintain them in good repair and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The condition. Landlord shall have all snow and ice removed from no obligation to repair or maintain any portion of the sidewalks leading to the premises Premises or perform any service, except as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, specifically set forth in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEthis paragraph. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided promptly report in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises writing to Landlord in the same any defective condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage known to it that Landlord is required to repair. Tenant waives the benefit of any present or future law that provides Tenant the right to repair hereunderthe Premises or Property at Landlord’s expense or to terminate this Lease because of the condition of the Property or Premises (but nothing in this sentence shall be deemed to limit Tenant’s exercise of the remedies expressly provided in the immediately following paragraph). If Landlord is in default in the performance of any of its obligations under this Section 10.03(c), beyond applicable notice and cure periods, then Tenant shall have the right to remedy such default on Landlord’s behalf (provided that Tenant uses reasonable efforts to avoid violating or rendering void any warranties maintained by Landlord), in which event Landlord shall reimburse Tenant within thirty (30) days after invoice for all reasonable costs and expenses incurred by Tenant in connection therewith. If (i) Landlord disputes Tenant’s right to have undertaken any such remedy or the amount of reimbursement claimed by Tenant, (ii) Tenant obtains a final, unappealable judgment against Landlord for failure to reimburse Tenant for such costs, and (iii) Landlord fails to pay such costs to Tenant within fifteen (15) days following notice from Tenant of such judgment, then Tenant shall have the right to recover the same plus reasonable costs of enforcement by an abatement of Base Rent, provided that such abatement (and the accrual of any interest on such amounts) shall cease at such time as and to the extent that payment is tendered to Tenant. Notwithstanding the foregoing, if the amount of the abatement is more than 5% of the aggregate amount of Base Rent due in any month, then the amount abated in any one month shall not exceed 5% of the Base Rent and the excess amount of the abatement shall be carried forward with interest at the Default Rate. Tenant’s self-help rights under this Section 10.03(c) shall be exercised by Tenant only (i) with respect to conditions actually existing within the Premises (and not affecting the structural components of the Building or systems serving other tenants of the Building) or repairs to the roof of the Building required to prevent water infiltration into, or water damage to, the Premises (and conducted in accordance with the roof warranty for the Building, Tenant to provide Landlord with evidence that such warranty remains in effect upon completion of any such repairs), (ii) with respect to conditions that materially affect Tenant’s ability to use and enjoy the Premises, and (iii) after Tenant has provided Landlord with notice of Tenant’s intention to exercise such right, and Landlord has failed to commence action to remedy the condition complained of within ten (10) days after its receipt of such notice (or if Landlord commences to do the act required within such period but fails to proceed diligently thereafter). Tenant’s remedies under this Section 10.03(c) are personal to Tenant and may not be exercised by any subtenants or assignees (other than an assignee that is a Related Party or Successor Entity) against Landlord. Tenant shall indemnify, save harmless and defend Landlord and its members, managers, officers, mortgagees, agents, employees, independent contractors, invitees and other persons acting under them from the and against all liability, claim or cost (including reasonable attorneys’ fees) arising in whole or in part out of any negligence or willful misconduct in connection with Tenant’s exercise of Landlord, its agents or employees, exceptedremedies pursuant to this Section 10.03(c). c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Grantor will keep the following: a. The structural parts of the building Property reasonably in good order, repair, operating condition and other improvementsappearance, that are part of the leased premises which structural parts include the foundationscausing all reasonably necessary repairs and replacements, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading promptly to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed)made, and will require the approval not allow any of the Landlord. Any improvements Property to be misused, abused or modifications performed by, wasted or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as receiveddeteriorate, normal wear and tear, damage from tear and casualty excepted. Grantor promptly will replace all worn-out or obsolete fixtures or personal property covered by this Deed that are reasonably necessary in the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations operation of the business in an orderly fashionProperty with fixtures or personal property comparable to the replaced fixtures or personal property, includingand will repaint the Property when reasonably needed. Notwithstanding the foregoing, Grantor will not, without the prior written consent of the Collateral Agent do or permit to be done anything to the Property that materially may impair its value, including but not limited toto (i) removing from the Property any fixtures or personal property covered by this Deed (but not including any personal property in which Grantor is the lessee thereof) which are necessary or desirable in the operation of the Property, stacking except such as is replaced by Grantor by an article of equal suitability and disposal value, owned by Grantor, free and clear of palletsany lien or security interest (except that (i) created by this Deed or any other Loan Document, trash and recycling areas, employee litter and damage (ii) otherwise permitted in the Loan Documents or (iii) in respect of capitalized leases) or such as is permitted to be removed by a tenant pursuant to such tenant's lease or (ii) making any structural or other alteration to the facilitiesProperty that materially impairs the value thereof. Nothing contained herein will prevent tenants of the Property from making alterations and improvements expressly permitted under their leases of any part of the Mortgaged Property. Upon request of the Collateral Agent, Grantor will deliver to the Collateral Agent an inventory describing and showing the make, model, serial number and location of all fixtures and personal property used in the management, maintenance and operation of the Property, with a certification by Grantor that said inventory is a true and complete schedule of all such fixtures and personal property used in the management, maintenance and operation of the Property, that such items specified in the inventory constitute all of the fixtures and personal property required in the management, maintenance and operation of the Property, and that all such items are owned by Grantor free and clear of any lien or security interest (except the Permitted Encumbrances).

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEThroughout the Term, Sublandlord shall be responsible for the condition, operation, repair, replacement, maintenance and management of the Property, including the Building, the Premises and the Common Areas. Landlord Sublandlord shall, at its sole cost shall maintain the following: a. The structural parts and expense, be responsible for (a) keeping all of the building Building, and other improvementsimprovements erected on the Property in good order and repair, that are part of the leased premises which structural parts include the foundationsreasonable wear and tear excepted, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, including without limitation, those portions the roof and the Building heating, ventilation and air conditioning system and other electrical and mechanical systems; (b) subject to the terms of the systems lying outside Master Lease, making all necessary structural, non-structural, exterior and interior repairs and replacements to any Building or improvements erected on the premises. c. The Landlord Property; (c) maintaining the Exterior Areas (as defined in the Master Lease) in good condition and repair; and (d) paying all costs of operating the Property in the ordinary course of business. Sublandlord shall keep the Property in a neat and sanitary condition and shall not commit any nuisance or waste in, on or about the Property. Sublandlord’s repairs shall be at least equal in quality and workmanship to the original work and Sublandlord shall make the repairs in accordance with all applicable laws. Sublandlord shall regularly and periodically sweep and clean the driveways and parking areas. Sublandlord shall be responsible for removal of snow, leaves and debris in the driveways and parking areas. Sublandlord shall, subject to Section 9, make any necessary (x) structural repairs or structural replacements to the Premises and (y) repairs or replacements to (i) any fire alarm and communication system in the Premises (unless installed by Subtenant), and (ii) any sprinkler system in the Premises (unless installed by Subtenant). Subtenant shall give Sublandlord prompt notice of any accident or needed repairs or replacements which are the responsibility of Sublandlord. Subtenant shall be responsible for the maintenance, repair and replacement of the Supplemental HVAC. Subtenant shall have all snow and ice removed from the sidewalks leading access to the premises roof for purposes of maintaining, repairing and replacing the Supplement HVAC equipment installed thereon twenty-four hours per day, seven days per week. Subtenant shall have the right to enter into and maintain such maintenance and service contracts as soon as practicableSubtenant determines in connection with satisfying its obligations under this Section 11. Subtenant's repairs shall be at least equal in quality and workmanship to the original work, and see that snow from Subtenant shall make the parking area is properly repairs in accordance with all Laws. If, after the Sublease Commencement Date, any Governmental Authority requires any alteration to the Premises as a result of Subtenant's particular use of the Premises or as a result of any alteration to the Premises made by or on behalf of Subtenant (other than the Demising Work), Subtenant shall pay the cost of all such alterations or the cost of compliance, as the case may be. Sublandlord shall otherwise be required to comply with any requirement applicable to the Premises and/or the Building and reasonably removed pay the cost of all such alterations or the cost of compliance, as the case may be. At the expiration or other termination of this Sublease, Subtenant will surrender peaceable possession of the Premises in good condition and that all refuse repair, reasonable wear and garbage is removed from the collection area. d. The Landlord tear excepted, and if terminated pursuant to Section 26 or Section 27 hereof, damage by casualty or condemnation excepted. Subtenant shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or have no obligation to remove any permitted alterations or improvements made to the leased premise will be at Premises. Notwithstanding the expense foregoing, prior to the Expiration Date, Subtenant shall remove the generator and all fixtures or improvements installed by Subtenant in connection with Subtenant’s use of the Tenant (unless otherwise agreed)Premises as a laboratory, and will require but Subtenant shall have no obligation to remove any plumbing or electrical equipment installed within the approval walls, ceilings or floors of the LandlordPremises but the same shall be capped and concealed within the walls, floor or ceiling as the case may be. Any In addition, once the fixtures and improvements or modifications performed by, or on behalf of, are removed from that the Tenant will, at the option portion of the LandlordPremises used by Subtenant as a laboratory, remain as part Subtenant shall restore such portion of the Keuka Business Park at the conclusion Premises used as a laboratory (but no other portion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises Premises) to Landlord in substantially the same condition as receivedit was delivered to Subtenant on the Sublease Commencement Date, normal reasonable wear and teartear and natural deterioration excepted, damage and except that Subtenant shall have no obligation to prepare walls for paint or otherwise paint any portion of the Premises. Subtenant shall remove the Supplemental HVAC and exhaust stacks installed on the roof of the Building and seal, in good and workmanlike manner, all roof penetrations associated therewith. In the event of a Subtenant Default, Sublandlord may, in its sole discretion, require Subtenant to remove any permitted alterations or improvements made to the Premises. Subtenant shall have the right to remove its moveable trade fixtures, demountable walls, audio visual equipment, laboratory equipment and other personal property from the elements, fire or other casualty, damage Landlord is required to Premises. Subtenant will promptly repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and any damage to the facilitiesPremises caused by such removal. All property of Subtenant not removed on or before the last day of the Term shall be deemed abandoned if not removed by Subtenant within thirty (30) days after written notice from Sublandlord.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain (1) The Tenant covenants that during the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term Term of this Lease Agreement, or prior termination, and any renewal thereof the Tenant shall surrender keep in good condition the leased premises Premises including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner, but the Tenant shall not be liable to Landlord in the same condition as received, normal effect repairs attributable to reasonable wear and tear, or to damage from caused by fire, lightning or storm; (a) provided that the elementsLandlord shall be responsible for all maintenance, fire repairs and replacements of a capital nature to the roof, ceiling, structural walls, subfloor, foundation, HVAC system, plumbing system and electrical system save and except maintenance, repairs and replacements to any feature, structure or system installed by the Tenant; (b) Tenant shall be responsible for all other maintenance, repairs and replacements to or at the Premises, including without limitation all maintenance, repairs and replacements that relate to cosmetic rather then structural features (e.g. damage to interior walls or ceiling, replacement or repairs to flooring, etc.). (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Premises to examine the condition thereof and view the state of repair at reasonable times; (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; (b) and if the Tenant refuses or neglects to keep the Premises in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Premises, by himself or its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord's entry and repairs; (i) and if the Landlord makes repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Upon the expiry of the Term or other casualtydetermination of this Lease the Tenant agrees peaceably to surrender the Premises, including any alterations or additions made thereto, to the Landlord in a state of good repair, reasonable wear and tear and damage Landlord is required to repair hereunderby fire, or damage from the negligence or willful misconduct of Landlord, its agents or employees, lightning and storm only excepted. c. (4) The Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage shall immediately give written notice to the facilitiesLandlord of any substantial damage that occurs to the Premises from any cause.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall maintain keep the following: a. The structural parts of Premises including without limitation all fixtures, systems and equipment now or hereafter on the building Premises, or elsewhere exclusively serving the Premises, in good order, condition and other improvementsrepair and at least as good order, that condition and repair as they are part of in on the leased premises which structural parts include Term Commencement Date or may be put in during the foundationsTerm, bearing reasonable wear and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord tear excepted; shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, keep in a safe, clean secure and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEsanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in the Premises. Without limitation, Tenant at its cost shall perform be responsible for heating, ventilating and air-conditioning systems and Utility Services serving the following: a. Any constructionPremises from the point where such systems serve the Premises exclusively (including, modification and/or improvements made upon completion of the Base Building Work, from the Utility Switching Points to the leased premise will be at the expense of the Tenant (unless otherwise agreedPremises), and will require Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord providing for the approval regular maintenance of such heating, ventilating and air-conditioning and Utility Services systems serving the Landlord. Any improvements or modifications performed by, or on behalf of, Premise to the Tenant will, at the option of the Landlord, remain as extent that such systems are not part of the Keuka Business Park base Building systems. Landlord hereby approves the Tenant contractors listed on Exhibit O for the purposes of the preceding sentence. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, (i) Tenant upon prior notice to Landlord shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however, that (x) the replacement has been approved in advance and in writing by Landlord, and (y) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this spaceTerm, and at (ii) if such replacement has been so approved by Landlord, then within ninety (90) days after the expiration of the term Term, Landlord shall reimburse Tenant for the unamortized portion of this Lease Agreementthe capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, or prior termination, Landlord and Tenant shall surrender cooperate to determine the leased premises estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant (or Landlord, if applicable) and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized on a straight line basis over the useful life of such replacement as reasonably determined by Landlord, without interest. Tenant shall transfer to Landlord all of its rights and interests in any warranties related to said replacement at the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations conclusion of the business in an orderly fashion, includingTerm. Tenant acknowledges that Landlord has the right, but not limited tothe obligation, stacking to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and disposal of pallets, trash and recycling areas, employee litter and damage payable to the facilitiesLandlord.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Tenant shall maintain the following: a. The structural parts premises in a clean, neat and undamaged condition and in particular, shall comply with all obligations of local building codes, maintain the building premises which he occupies in a clean and safe condition, dispose of all ashes, rubbish, garbage and all other wastes in a clean and safe manner, keep and use all plumbing, electrical, sanitary, heating, ventilating, air conditioning and other improvementsfacilities and appliances in a clean and reasonable manner so as not to disturb his neighbors nor to in anyway deface, that are damage or otherwise destroy any part of the leased premises which structural parts include the foundationssuch premises. This includes monthly replacement of air conditioning filters. On a detached single-family residence, bearing and exterior wallsTenant agrees that at Tenant's own expense, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to keep the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesyard, shrubbery and swimming pool (if any) in the same condition and repair as at the beginning of the lease and to pay for any damages thereto, reasonable wear and tear excepted. Tenant is responsible for insect control. Lawns shall be watered adequately and shall be mowed weekly. Tenant to provide hoses, sprinklers and any equipment necessary to maintain lawn and grounds. All batteries and lightbulbs are the responsibility of the Tenant. TENANT SHALL BE RESPONSIBLE FOR FORTY ($40.00) OF EACH AND EVERY REPAIR ITEM TO SAID PROPERTY WITH THE EXCEPTION OF REPAIRS NOTED ON MOVE-IN INSPECTION OR ITEMS SUBMITTED PER PARAGRAPH 8. HOWEVER, TENANT SHALL BE RESPONSIBLE FOR FULL COSTS FOR REPAIR AND/OR REPLACEMENT OF BROKEN GLASS, DRAIN BLOCKAGE (NOT CAUSED BY DEFECTIVE PLUMBING), AND ANY REPAIR/REPLACEMENT CAUSED BY THE TENANT’S NEGLIGENCE ON MAINTAINING THE PROPERTY PER PARAGRAPH 12. THIS SHALL INCLUDE ANY DAMAGE OR EXCESSIVE REPAIR COSTS DUE TO TENANT NOT REPLACING THE AIR CONDITIONING FILTER ON A MONTHLY BASIS. TENANT FURTHER AGREES THAT IF TENANT REFUSES TO ALLOW AN EMPLOYEE OR VENDOR OF THE AGENT TO ACCESS THE RESIDENCE WITH AGENT’S KEY, OR, IF TENANT SETS AN APPOINTMENT WITH ANY MAINTENANCE VENDOR AND DOES NOT SHOW, TENANT WILL BE CHARGED FOR EACH OCCURANCE BASED ON THE AMOUNT CHARGED ON THE VENDOR’S INVOICE.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall maintain keep the following: a. The structural parts of the building Premises including without limitation all fixtures, systems and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading equipment to the premises extent exclusively serving the Premises and now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order, condition and repair (and at least as soon good order, condition and repair as practicablethey are in on the Delivery Date or may be put in during the Term), reasonable wear and see that snow from the parking area is properly tear, casualty and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord condemnation (which are subject to Article 13 hereof) excepted; shall maintain the common areas, parking areas, hallways and stairs and restrooms, keep in a safe, clean secure and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEsanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include without limitation Tenant’s obligation to maintain floors and floor coverings (excluding the floor slabs), to paint and repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in the Premises. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the Premises and Utility Services serving the Premises from the Utility Switching Points, and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord providing for the regular maintenance of such systems. Tenant shall hire its own cleaning contractor for the Premises. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord shall replace it at its cost shall perform Tenant’s cost, even if the following: a. Any constructionbenefit or useful life of such replacement extends beyond the Term provided, modification and/or improvements made however that if (i) the replacement has been approved in advance and in writing by Landlord, and (ii) the property subject to replacement will become the property of Landlord pursuant to the leased premise will be at the expense terms of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park this Lease at the conclusion of the lease term. b. Except as provided in paragraph 8.1 aboveTerm, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at then within ninety (90) day after the expiration of the term Term, Landlord shall reimburse Tenant for the unamortized portion of this Lease Agreementthe capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, or prior termination, Landlord and Tenant shall surrender cooperate to determine the leased premises estimated cost of such replacement. The actual cost of the replacement, as documented by Tenant and subject to Landlord’s approval (which shall not be unreasonably withheld and if withheld shall excuse Tenant from undertaking such capital replacement), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight line basis together with interest at the prime interest rate from time to time announced by Bank of America (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties related to said replacement at the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations conclusion of the business in an orderly fashion, includingTerm. Tenant acknowledges that Landlord has the right, but not limited tothe obligation, stacking to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and disposal of pallets, trash and recycling areas, employee litter and damage payable to the facilitiesLandlord.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord shall, except as may be provided elsewhere herein, maintain the structural portions of the Building, the Building systems and the Common Area of the Building in a manner consistent with comparable buildings within the vicinity of the Building. Landlord shall, at its Landlords sole cost and expense, make necessary repairs of damage to the Building corridors, lobby, replacement of roof, structural members of the Building and equipment used to provide the services referred to in Section 6 hereof, unless any such damage is caused in whole or in part by negligence of Tenant, or Tenant’s agents or employees, in which event Tenant shall bear the cost of such repairs. Tenant shall promptly give Landlord notice of any damage in the Premises requiring repair by Landlord, as aforesaid. Unless otherwise stipulated herein, Landlord shall not be required to make any improvements or repairs of any kind or character on the Premises during the Lease Term. B. Tenant shall maintain the following: a. The structural parts Premises in a clean, attractive, safe, operable condition and in good repair, except as to damage required to be repaired by Landlord, as provided in Section 7.A. hereof Tenant shall not commit or allow any waste or damage to be committed on any portion of the building Premises or Building. Tenant shall not in any manner deface or injure the Premises or the Building but shall, at its sole cost and other improvementsexpense, that are part of maintain the leased premises which structural parts include the foundations, bearing Premises and exterior walls, subflooring make all needed repairs and roof. b. The unexposed electrical, plumbing and sewage systemsreplacements, including, without limitation, those portions replacement or repair of all fixtures installed by Tenant and all plate glass, walls, carpeting and other floor covering placed or found therein. Tenant shall repair or replace, at Tenant’s cost and expense, any damage done to the Premises, the Building, and the Common Area, or any part thereof, arising out of or in connection with the use of the Premises, the Building, and/or the Common Area by Tenant, Tenant’s agents, employees, invitees, visitors, and Tenant agrees to restore the Premises, the Building, and the Common Area to the same or as good a condition as it was prior to such damage. All repairs and replacements shall be effected in compliance with all building and fire codes and other applicable laws and regulations. If Tenant fails to make such repairs or replacements within thirty (30) days after delivery of notice to Tenant, Landlord may, at its option, make the repairs or replacements, and Tenant shall pay the cost thereof to Landlord within thirty (30) days after Landlord has delivered to Tenant an invoice thereof. Any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other system of the Building shall be performed only by contractor(s) designated by Landlord and only upon the prior written approval of Landlord as to the work to be performed and materials to be furnished in connection therewith. Any other repairs in or to the Building, the Complex, and the facilities and systems lying outside thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense; but Landlord may, at Landlord’s option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in the premises. c. The state in which the Building is situated) and in such amount as Landlord shall have all snow and ice removed from deem necessary to assure the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEpayment for such work by Tenant. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at Upon the expiration of the term Term of this Lease Agreement, or prior terminationLease, Tenant shall surrender and deliver up the leased premises Premises with all improvements located thereon (except as provided in Section ll .B. hereof) to Landlord broom-clean and in the same condition as receivedin which they existed at the commencement of the Lease, normal excepting only ordinary wear and teartear and damage arising from any cause not required to be repaired by Tenant, failing which Landlord may restore the Premises to such condition, and Tenant shall pay the cost thereof C. This Section 7 shall not apply in the case of damage from the elements, or destruction by fire or other casualty, damage casualty which is covered by insurance maintained by Landlord is required on the Building (as to repair hereunderwhich Section 8 hereof shall apply), or damage resulting from the negligence or willful misconduct of Landlord, its agents or employees, exceptedan eminent domain taking (as to which Section 15 hereof shall apply). c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain (a) To clean the following: a. The structural parts windows of the building Premises once a month and at the end of the tenancy and (where glass is broken by the Tenant or his family licensees visitors servants or others and such breakage is not covered by the Landlord's insurance) to replace all broken glass thereon without delay (b) To preserve and keep the Premises Furnishings and the fixtures and fittings of the Landlord in the same state of repair (including cleaning) as at the commencement of the Term (c) Report immediately to the Landlord in writing any damage disrepair defect or deficiency in the Premises Furnishings or any other improvements, that are part of the leased premises which structural parts include Building or want of repair to enable the foundations, bearing Landlord to make a claim to the Landlord's insurance company. The Tenant will be liable for any cost arising from any failure to report any such damage disrepair defect or deficiency and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions to pay for the repairing of the systems lying outside Premises where such cost is attributable to misuse or neglect by the premises.Tenant c. The (d) Upon the Landlord shall have all snow and ice removed from the sidewalks leading or its agents giving to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, Tenant notice in a safe, writing of any failure to comply with clause 1.3(b) above to repair restore paint clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. make good the Premises and/or Furnishings as required in the notice within one month after service of the notice and if the Tenant at fails to execute the work within that period to permit the Landlord or its cost shall perform agents and/or contractors to enter upon the following: a. Any construction, modification and/or improvements made to Premises and execute the leased premise will be work at the expense of the Tenant (unless otherwise agreed), and will require within seven days of demand to pay to the approval Landlord the cost of the Landlordwork (e) Take all reasonable precautions to prevent damage to the sanitary apparatus, water and waste pipes and the water system generally by freezing during the winter months by leaving turned on such heating on a constant low setting to protect the water system. Any improvements or modifications performed by, or on behalf of, In the event of such damage being caused by the Tenant's failure to take such precautions the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, forthwith and at the expiration Tenant's expense effect all such necessary repairs to reinstate the system into good working order (f) Keep the drains of the term Premises free and clear of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord obstruction (g) Test any smoke detectors in the same condition Premises periodically and replace batteries as received, normal wear necessary at the Tenant's expense and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage immediately report any fault to the facilities.Landlord

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Subject to provisions of Xxxxxxxxx 00, Xxxxxxxx shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the Building and Property in good order and repair. Landlord shall also keep and maintain in good order and repair the windows, window frames, doors, hardware, and interior walls and the electrical, plumbing, lighting, heating, and air conditioning systems, lavatories, elevators, parking lot and all other common areas. Such expenses shall be included in Operating Expenses for purposes of Paragraph 3 above. If, however, any repairs or maintenance are required because of an act or omission of Tenant, or its agents, employees or invitees which creates an undue burden on such items or systems listed above, Tenant shall pay to Landlord upon demand one hundred percent (100%) of the costs of such repair or maintenance. If such costs are covered by insurance carried by Landlord, Landlord shall make a claim under the policy of insurance, Tenant shall pay any deductible (and any portion of such costs not covered by insurance) and Landlord shall credit Tenant for such costs to the extent proceeds from such insurance are actually received by Landlord. In the event such costs are not covered by insurance because Landlord failed to obtain such insurance as required under this Lease, Tenant shall be required to pay only that portion of such costs which would not have been covered by insurance in any event. B. Except as expressly provided in Subparagraph A above, Tenant shall, at its cost shall sole cost, keep and maintain the following: a. The structural parts interior of the building Premises, in good and sanitary order, condition and repair. Should Tenant fail to maintain the Premises as required of Tenant hereunder forthwith upon notice from Landlord, Landlord, in addition to all other improvementsremedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that are part event, Tenant shall reimburse Landlord for the cost of such maintenance or repairs as Additional Rent, at Landlord's election on demand or on the next date upon which Basic Rent becomes due. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the leased premises which structural parts include the foundations, bearing Civil Code of California and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading rights to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be make repairs at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care Section 1942 of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedsaid Civil Code. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Grantor will keep the following: a. The structural parts Mortgaged Property in good order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the building Mortgaged Property to be misused, abused or wasted or to deteriorate. To the extent necessary for the operation of the Mortgaged Property, Grantor will promptly replace all worn-out or obsolete fixtures or personal property covered by this Deed of Trust with fixtures or personal property comparable to the replaced fixtures or personal property when new. Grantor will make all renovations, modifications and alterations to the Mortgaged Property in compliance with all Applicable Laws. Notwithstanding any of the foregoing, Grantor will not, without the prior written consent of the Collateral Agent, (i) remove from the Mortgaged Property any fixtures or personal property covered by this Deed of Trust except those replaced by Grantor by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest (except that created by this Deed of Trust); (ii) make any structural alteration to the Mortgaged Property or any other improvementsalterations thereto which impair the value thereof; or (iii) make any alteration to the Mortgaged Property involving an estimated expenditure exceeding $250,000 except pursuant to plans and specifications approved in writing by the Collateral Agent. Upon request of the Collateral Agent, Grantor will within thirty (30) days after such request deliver to the Collateral Agent an inventory describing and showing the make, model, serial number and location of all fixtures and personal property used in the management, maintenance and operation of the Mortgaged Property with a certification by Grantor that, to the best of its knowledge, said inventory is a true and complete schedule of all such fixtures and personal property used in the management, maintenance and operation of the Mortgaged Property, that are part such items specified in the inventory constitute all of the leased premises which structural parts include fixtures and personal property required in the foundationsmanagement, bearing maintenance and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions operation of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicableMortgaged Property, and see that snow from the parking area is properly and reasonably removed and that all refuse such items are owned by Grantor free and garbage is removed from clear of any lien or security interest (except that created by this Deed of Trust) or otherwise permitted hereunder or under the collection areaCredit Agreement. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (a) Except as specifically otherwise provided in Paragraphs (b) and (c) of this Section and unless resulting from the negligence of Landlord or another tenant in the Building, Tenant, at its sole cost and expense and throughout the term of this lease, shall keep and maintain the Premises and its systems in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all repairs necessary to keep and maintain such good order and condition, whether such repairs are interior or exterior, ordinary or extraordinary, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Property for outdoor storage. When used in this Section 8, the term "repairs" shall include replacements and renewals where necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and Premises. Without limitation of the foregoing, Tenant shall maintain all HVAC systems appurtenant to the following: a. The structural parts Premises using a service firm(s) acceptable to Landlord which shall provide service and maintenance in accordance with the manufacturer's recommendations and shall provide a copy of the building contract to Landlord. (b) Landlord shall, throughout the Term of this lease and other improvementsat Landlord's sole cost and expense, that are make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the leased premises which structural parts include Premises; provided, however, that Landlord shall have no responsibility to make any repair unless and until Landlord receives written notice of the foundationsneed for such repair. (c) Landlord shall, bearing and exterior throughout the Term of this Lease, make all necessary repairs to the roof, walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those exterior portions of the systems lying outside Premises and the premises. c. The Building; utility lines, equipment and other utility facilities in the Building which serve more than one tenant of the Building; and any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements on the Property; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair. Tenant shall pay Tenant's Proportionate Share of the cost of all snow and ice removed from the sidewalks leading repairs to the premises be performed by Landlord under this Section 8 as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection areaadditional rent pursuant to Section 6(b). d. The (d) Landlord shall endeavor to keep and maintain the all common areasareas of Property (including its common systems) and any sidewalks, parking areas, hallways curbs and stairs and restrooms, access ways adjoining the Property in a safe, clean and orderly condition, free of accumulation of dirt, rubbish, and snow to the extent reasonably possible, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay Xxxxxx's Proportionate Share of the cost of all work to be performed by Landlord hereunder pursuant to Section 6(b) as additional rent. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE(e) Notwithstanding anything herein to the contrary, repairs to the Premises and the Property made necessary by Xxxxxx's use, manner of use or occupancy of the Property or by Tenant's installations in or upon the Property or by any act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at Tenant's sole cost and expense. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at not bear the expense of any repairs to the Tenant (unless otherwise agreed)Premises or the Property arising out of or caused by any other tenant's use, and will require the approval manner of use or occupancy of the Landlord. Any improvements Property or modifications performed byby any other tenant's installations to or upon the Property, or on behalf of, the Tenant will, at the option by any act or omission of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, Landlord or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire any other tenant or any other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or tenant's employees, exceptedagents, contractors or invitees. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE9.1 Landlord shall, at it sole cost and expense, maintain and make necessary repairs of damage to the roof, foundation, and the structural soundness of the exterior walls (excluding all windows, window glass, plate glass, and all doors). Subject to the provisions of Paragraph 4 of the Lease, Landlord shall further maintain the Common Areas. Tenant shall give immediate written notice to Landlord of the need for maintenance, repairs or corrections. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises except as expressly set forth in this section. In addition to the provisions of Paragraph 4 above, it is expressly understood that Tenant shall pay for any damage to the roof, foundation or to the structural soundness of exterior walls, which is caused by the act of Tenant, or of Tenant's employees, agents or invitees, or which is caused by Tenant's default hereunder. 9.2 Tenant shall, at its cost shall own risk and expense, maintain the following: a. The structural all other parts of the building Premises in good repair and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant condition (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionnecessary replacements), including, but not limited to, stacking all fixtures installed by Tenant, walls, carpeting and disposal other floor covering, plumbing, windows, window glass, plate glass, doors, heating, ventilation and air conditioning systems (the "HVAC Systems"), fire protection sprinkler system, downspouts, dock bumpers and other electrical, mechanical, and electromotive installation, equipment, and fixtures and also including trash removal, all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under, and above the Premises. Tenant shall take good care of palletsall leasehold improvements and its fixtures, trash and recycling areassuffer no waste. Tenant shall be responsible for all pest control and extermination. Should Tenant neglect to keep and maintain the Premises, employee litter then Landlord shall have the right, but not the obligation, to have the work done and damage any reasonable costs therefor shall be charged to Tenant as additional rental and shall become payable by Tenant with the payment of the rental next due and shall bear interest thereon at the maximum rate allowable from the date of demand until paid. At the termination of this Lease, Tenant shall deliver the Premises "broom clean" in the same good order and condition as existed at the Commencement Date ordinary wear and tear excepted. Throughout the Term of the Lease, Tenant shall contract with a qualified and properly insured contractor to service and maintain the HVAC Systems on a regularly scheduled basis, but not less than once every three (3) months. Such service shall include, but not be limited to, cleaning of the coil and condenser units on each unit; checking the electrical connections, the oil and refrigerant for leaks, the safety device, the blower belt for wear, tension and alignment, the expansion valve, coil temperature, and condensate drain; and maintaining the lubrication and addition of Freon. Tenant shall secure, at its sole cost and expense, and shall provide Landlord with a copy of the service contract, providing for the maintenance as described in above, within sixty (60) days following the Commencement Date of this Lease, and thereafter, Tenant shall renew such service contract to Landlord prior to expiration of the then existing service contract. Landlord acknowledges that Tenant may use its maintenance staff to perform the services required herein, provided that a verifiable record of such service is kept by Tenant. 9.3 Tenant agrees it shall not locate or install or cause to be located or installed in the Common Area any bike racks, newspaper holder stands, vending machines of any kind, mailboxes, telephone booths, mobile homes, fences, or any other device of a similar nature which would impede or obstruct the Common Area. Tenant further agrees to keep said sidewalk and service area swept and free from trash, rubbish, garbage and other refuse, and additionally to maintain in a neat and clean condition that area to the facilitiesrear of the Premises designated as the garbage or refuse collection area for the use of Tenant.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Except as otherwise provided in Article VII, to keep the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsPremises, including, without limitation, those portions the HVAC system located in the Data Center and Tenant's back-up generator located outside the Premises (but excluding the exterior of the systems lying outside Premises, (exclusive of glass and doors), the premises. c. The Landlord shall have all snow and ice removed from structural elements of the sidewalks leading to Building, the premises as soon as practicablegrounds, and see that snow from the parking area is properly lot and reasonably removed and that all refuse and garbage is removed from the collection area. d. The such building systems as Landlord has agreed to maintain pursuant to Section 5.1.4 hereof, which Landlord shall maintain and repair unless such repairs are required because of Tenant's misconduct or negligence) in good order, condition and repair and in at least as good 24 -24- order, condition and repair as they are in on the common areasCommencement Date or may be put in during the Term, parking areasreasonable use and wear and tear and damage by fire or other casualty not caused by Tenant's misconduct or negligence; to maintain the Premises in a clean, hallways orderly and stairs and restroomssanitary condition, including, without limitation, cleaning, repairing or replacing as needed all floor covering within the Premises; to keep in a safe, clean secure and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEsanitary condition all trash and rubbish temporarily stored at the Premises; and to make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. Tenant at its cost shall perform secure, pay for and keep in force contracts with appropriate and reputable service companies approved by Landlord providing for the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense regular maintenance of the Tenant (unless otherwise agreed)heating, ventilation and air-conditioning systems located in the Data Center, and will require copies of all such contracts for the approval Premises shall be furnished to Landlord not later than the Substantial Completion Date and a replacement or extension thereof shall be furnished to Landlord prior to expiration of such preceding contract (and if Tenant shall fail to do so, Landlord may (but shall not be obligated to) arrange for such contracts and the cost thereof shall be reimbursed by Tenant to Landlord upon demand and shall be deemed Additional Rent under this Lease). It is further agreed that the exception of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenant-like, and efficient and usable condition considering the nature of the Landlord. Any improvements or modifications performed byPremises and the use reasonably made thereof, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termin less than good and tenantlike repair. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORDXXXXXX, at LESSOR’S REPAIR AND MAINTENANCE. Landlord at its sole cost shall maintain the following: a. The structural parts of and expense, agrees to provide maintenance and make any and all repairs necessary to keep the building and the Demised Premises in a first-class condition during the Lease Term, including but not limited to: the Building structure, structural elements and systems; public and common areas of the building; fire sprinklers and systems, fire extinguisher service, life safety and security systems (as required by governmental authorities); heating and air conditioning (including supply and return air ducts, grills and diffusers); flooring (including but not limited to, carpet, pad, tile, sub-floor and structural floor); window coverings; interior and exterior paint; exterior and interior lighting (including replacement of fixtures, ballasts and bulbs); interior ceilings (including ceiling tiles and T-bars); electrical; plumbing, pipes, fixtures and equipment (except those owned by TENANT); roofing; exterior and interior walls; windows; doors; stairs; corridors; restrooms; elevator maintenance (if applicable); sidewalk repairs; landscaping maintenance; parking lot repairs; and other improvements, that are similar repairs required as a result of any defect or as a result of the same wearing out or becoming unserviceable or damaged through no carelessness or negligence on the part of the leased premises which structural parts include the foundations, bearing LESSEE or TENANT. TENANT shall reimburse LESSOR for repairs and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading replacements to the premises as soon as practicable, Demised Premises which are necessary due to TENANT’S misuse or negligence. XXXXXX and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall TENANT agree to maintain the Demised Premises and common areasareas in as good a state of repair as when first occupied, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal ordinary wear and tear, obsolescence and damage from by the elements, fire or other casualtycasualty excepted. LESSEE and TENANT shall route requests for repairs and/or maintenance through LESSOR. XXXXXX agrees to conduct any and all repairs and maintenance to the Demised Premises, the building and common area facilities at reasonable times and without undue inconvenience to LESSEE or TENANT and for which, reasonable access shall be provided thereby. When making repairs, XXXXXX shall take necessary actions to protect TENANT’S property and personnel from loss, damage Landlord is required and injury and to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations avoid disrupting TENANT’S use and occupancy of the Demised Premises. Any substantial impairment of the use or enjoyment of the Demised Premises, the building or the parking lot that is of such extent or nature as to materially handicap, impede or impair TENANT’S use of the Demised Premises and therefore renders the Demised Premises unfit for use by TENANT in the ordinary conduct of its business shall cause the proportionate abatement and reduction in an orderly fashionrent, includingby way of adjustment of rent payments, but not limited to, stacking and disposal for such part of pallets, trash and recycling areas, employee litter and damage to the facilitiesDemised Premises as shall be rendered unusable by TENANT in the conduct of its business during the time such part is so unusable.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Except as provided in Section 10.03, Article Eleven (Damage or Destruction) and Article Twelve (Condemnation), Tenant shall maintain the following: a. The structural parts keep all portions of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsPremises, including, without limitation, those plumbing, restrooms, lighting, man doors, dock doors, levelers, shelters, seals and bumpers (if any), windows, floors, fire/life safety systems, air rotation equipment and electrical items, in a clean and orderly condition and good repair. Tenant shall arrange and pay for its own janitorial service, trash removal, security system, telecommunication systems, and any and all other services that Tenant desires. Tenant shall enter into a preventative maintenance contract with a reputable HVAC service company, such contract and contractor to be approved by Landlord, to provide for routine maintenance of the HVAC systems serving the Premises. If any portion of the Premises or any system or equipment in the Premises which Tenant shall be obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment, regardless of whether the benefit of such replacement extends beyond the Lease Term. Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for maintenance of the heating and air conditioning system at Tenant’s expense. Landlord shall, at Tenant’s expense, repair any damage to the portions of the systems lying outside the premises. c. The Property Landlord shall have all snow be required to maintain caused by Tenant’s acts or omissions. Notwithstanding the foregoing, provided that Tenant maintains the required maintenance service contract for the HVAC systems serving the Premises as required herein, and ice removed from the sidewalks leading except for any repairs or replacements necessitated by any action or inaction of Tenant or its agents, employees, invitees, licensees, or visitors, Landlord and Tenant agree that Tenant’s obligations for repairs or replacements to the premises HVAC units existing and serving the Premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term date of this Lease Agreementshall not exceed $1,000.00, per unit per occurrence, during the initial Lease Term (it being agreed that the cap on Tenant’s obligations for repair and maintenance shall not apply to any HVAC units installed by Tenant or prior terminationany replacement HVAC units installed in replacement of any HVAC unit existing on the date of this Lease). In the event such repair or replacement cost for a particular unit exceeds $1,000.00 per any one occurrence, Landlord shall, at its sole discretion, elect to repair or replace such unit(s). If Tenant fails to maintain the required maintenance service contract in effect at any time during the Lease Term, Landlord’s obligation to pay for any repair or replacement of any HVAC unit shall terminate and be of no force or effect. Upon request by Xxxxxxxx, Tenant shall surrender provide Landlord with copies of invoices and evidence of payment of all repair costs for the leased premises to Landlord in HVAC systems serving the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedPremises. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord Mortgagor shall, at its cost shall own expense, keep and maintain and/or cause others to keep and maintain, the following: a. The structural parts Vessel in good order, repair and seaworthy condition to Mortgagee's satisfaction and to the satisfaction of the building and other improvementsVessel's salvage association, that are part of classification society, and/or the leased premises which structural parts include the foundationsUnited States Coast Guard, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord as applicable. Mortgagor shall have further make and/or cause all snow and ice removed from the sidewalks leading necessary repairs to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements be made to the leased premise will be at Vessel, including the expense repair and restoration of any portion of the Tenant (unless otherwise agreed)Vessel, and will require the approval or its parts or components, that may have been lost, damaged, or impaired. Inspections; Audits. Mortgagor shall give Mortgagee notice of each proposed survey of the LandlordVessel twenty (20) days in advance if practicable, but otherwise as long in advance as may be practicable under the circumstances and shall permit representatives of Mortgagee to be present during such survey. Any improvements Notwithstanding the previous sentence, Mortgagee and its agents may periodically inspect or modifications performed bysurvey the Vessel to ascertain its condition and to satisfy Mortgagee that the Vessel is being properly repaired and maintained. Mortgagee and its agents may further periodically enter upon Mortgagor's premises at reasonable hours and conduct audits of Mortgagor's books and records that in any way pertain to the Vessel, any part or parts thereof, or Mortgagor's Rights. Mortgagee shall have the further right to periodically inspect the log of the Vessel. Prohibitions Regarding the Vessel. So long as this Ship Mortgage remains in effect, Mortgagor shall not, without Mortgagee's prior written consent, (a) sell, assign, transfer, convey, option, mortgage, lease, or charter the Vessel; (b) permit any Encumbrances to be placed on behalf ofor attached to the Vessel; (c) change the port of documentation of the Vessel; or (d) change the registration or flag of the Vessel. Preferred Ship Mortgage. Mortgagor shall comply with and satisfy all of the provisions of applicable law and regulations of the United States of America, as the Tenant willsame may at any time be amended, including without limitation all laws and regulations relating to citizenship of Mortgagor, in order to establish and maintain this Ship Mortgage as a first priority "preferred mortgage" upon the Vessel for the full amount secured hereby. Mortgagor shall also execute and record from time to time, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, expense and at reasonable advance intervals, such additional instruments as may be necessary or appropriate within Mortgagee's sole discretion, so that this Ship Mortgage may be established and preserved as a valid preferred lien on the expiration of the term of Vessel until this Lease Agreement, or prior termination, Tenant Ship Mortgage shall surrender the leased premises to Landlord be cancelled in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedmanner provided herein. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE9.1 Landlord shall, at it sole lost and expense, maintain and make necessary repairs of damage to the roof, foundation, and the structural soundness of the exterior walls (excluding all windows, window glass, plate glass, and all doors). Subject to the provisions of Paragraph 4 of the Lease, Landlord shall further maintain the Common Areas. Tenant shall give immediate written notice to Landlord of the need for maintenance, repairs or corrections. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises except as expressly set forth in this section. In addition to the provisions of Paragraph 4 above, it is expressly understood that Tenant shall pay for any damage to the roof, foundation or to the structural soundness of exterior walls, which is caused by the act of Tenant, or of Tenant's employees, agents or invitees, or which is caused by Tenant's default hereunder. 9.2 Tenant shall, at its cost shall own risk and expense, maintain the following: a. The structural all other parts of the building Premises in good repair and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant condition (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionnecessary replacements), including, but not limited to, stacking all fixtures installed by Tenant, walls, carpeting and disposal other floor covering, plumbing, windows, window glass, plate glass, doors, heating, ventilation and air conditioning systems (the "HVAC Systems"), fire protection sprinkler system, downspouts, dock bumpers and other electrical, mechanical, and electromotive installation, equipment, and fixtures and also including trash removal, all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under, and above the Premises. Tenant shall take good care of palletsall leasehold improvements and its fixtures, trash and recycling areassuffer no waste. Tenant shall be responsible for all pest control and extermination. Should Tenant neglect to keep and maintain the Premises, employee litter then Landlord shall have the right, but not the obligation, to have the work done and damage any reasonable costs therefor shall be charged to Tenant as additional rental and shall become payable by Tenant with the payment of the rental next due and shall bear interest thereon at the maximum rate allowable from the date of demand until paid. At the termination of this Lease, Tenant shall deliver the Premises "broom clean" in the same good order and condition as existed at the Commencement Date ordinary wear and tear excepted. Throughout the Term of the Lease, Tenant shall contract with a qualified and properly insured contractor to service and maintain the HVAC Systems on a regularly scheduled basis, but not less than once every three (3) months. Such service shall include, but not be limited to, cleaning of the coil and condenser units on each unit; checking the electrical connections, the oil and refrigerant for leaks, the safety device, the blower belt for wear, tension and alignment, the expansion valve, coil temperature, and condensate drain; and maintaining the lubrication and addition of Freon. Tenant shall secure, at its sole cost and expense, and shall provide Landlord with a copy of the service contract, providing for the maintenance as described in above, within sixty (60) days following the Commencement Date of this Lease, and thereafter, Tenant shall renew such service contract to Landlord prior to expiration of the then existing service contract. Landlord acknowledges that Tenant may use its maintenance staff to perform the services required herein, provided that a verifiable record of such service is kept by Tenant. 9.3 Tenant agrees it shall not locate or install or cause to be located or installed in the Common Area any bike racks, newspaper holder stands, vending machines of any kind, mailboxes, telephone booths, mobile homes, fences, or any other device of a similar nature which would impede or obstruct the Common Area. Tenant further agrees to keep said sidewalk and service area swept and free from trash, rubbish, garbage and other refuse, and additionally to maintain in a neat and clean condition that area to the facilitiesrear of the Premises designated as the garbage or refuse collection area for the use of Tenant.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCETenant acknowledges that the Leased Premises are in good repair and working order. Landlord Tenant shall, at its cost sole expense, except for all Warranty work for new construction or equipment, which shall be assigned or accrue to the benefit of Tenant, maintain the following: a. The structural parts interior and exterior of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Leased Premises (including, without limitation, those portions all electrical, plumbing and mechanical systems) in as good order and repair as it was at the date of the systems lying outside commencement of this Lease, reasonable wear and tear excepted. Tenant shall not knowingly commit or willingly permit to be committed any act or thing contrary to the rules and regulations of any federal, state, municipal or quasi-governmental authority. If the Landlord determines, in its sole discretion, that the facility is not being properly maintained, it shall give notice to Tenant in writing to repair and/or maintain the premises. c. . The Tenant shall have 48 hours in which to correct any minor deficiencies (small repairs or cleaning inadequacies) and thirty (30) days for larger repairs. If the repairs and maintenance are not performed to Landlord's satisfaction within the. required time period, Landlord may employ another person or entity to repair and/or maintain all or any part of the premises and the Tenant shall be responsible for the payment of all expenses and costs related to said repair and maintenance, which if not paid, shall be deemed a default pursuant to Section 19, below. Landlord shall have all snow maintain at its expense, the parking surface of the parking lots when it determines, in its sole discretion, that such lot surfaces need to be repaired or replaced. Tenant shall permit Landlord, or its representatives, to inspect upon reasonable notice the Leased Premises and ice removed from the sidewalks leading to make improvements to the premises Leased Premises as soon Landlord may now or hereafter deem to be necessary and/or appropriate for the Leased Premises. All such improvements shall be done, so far as practicable, to avoid interference with Tenant's occupancy and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense use of the Tenant (unless otherwise agreed)Leased Premises, and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, that Tenant shall surrender the leased premises not be entitled to Landlord in the same condition as received, normal wear compensation for unavoidable interference with its occupancy and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepteduse. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain (a) To clean the following: a. The structural parts windows of the building Premises once a month and at the end of the tenancy and (where glass is broken by the Tenant or his family licensees visitors servants or others and such breakage is not covered by the Landlord's insurance) to replace all broken glass thereon without delay (b) To preserve and keep the Premises Furnishings and the fixtures and fittings of the Landlord in the same state of repair (including cleaning) as at the commencement of the Term (c) Report immediately to the Landlord in writing any damage disrepair defect or deficiency in the Premises Furnishings or any other improvements, that are part of the leased premises which structural parts include Building or want of repair to enable the foundations, bearing Landlord to make a claim to the Landlord's insurance company. The Tenant will be liable for any cost arising from any failure to report any such damage disrepair defect or deficiency and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions to pay for the repairing of the systems lying outside Premises where such cost is attributable to misuse or neglect by the premises.Tenant c. The (d) Upon the Landlord shall have all snow and ice removed from the sidewalks leading or its agents giving to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, Tenant notice in a safe, writing of any failure to comply with clause 1.3(b) above to repair restore paint clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. make good the Premises and/or Furnishings as required in the notice within one month after service of the notice and if the Tenant at fails to execute the work within that period to permit the Landlord or its cost shall perform agents and/or contractors to enter upon the following: a. Any construction, modification and/or improvements made to Premises and execute the leased premise will be work at the expense of the Tenant (unless otherwise agreed), and will require within seven days of demand to pay to the approval Landlord the cost of the Landlordwork (e) Take all reasonable precautions to prevent damage to the sanitary apparatus water and waste pipes and the water system generally by freezing during the winter months by leaving turned on such heating on a constant low setting to protect the water system. Any improvements or modifications performed by, or on behalf of, In the event of such damage being caused by the Tenant's failure to take such precautions the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, forthwith and at the expiration Tenant's expense effect all such necessary repairs to reinstate the system into good working order (f) Keep the drains of the term Premises free and clear of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord obstruction (g) Test any smoke detectors in the same condition Premises periodically and replace batteries as received, normal wear necessary at the Tenant's expense and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage immediately report any fault to the facilities.Landlord

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall provide the services to the Premises set forth in paragraph 7.1 above and shall maintain the following: a. The structural parts Building (excepting the Premises and portions of the building Building leased by persons not affiliated with Landlord) in a good and other improvementsoperable condition, that are making such repairs and replacements as may be required to maintain the Building in such condition. This Section 8.1 shall not apply to damage resulting from a Taking (as to which Section 14 shall apply), or damage resulting from a casualty (as to which Section 15.1 shall apply), or to damage for which Tenant is otherwise responsible under this Lease. Tenant hereby waives and releases any right it may have to make repairs to the Premises or Building at Landlord=s expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Building is located. . Tenant, at Tenant's sole cost, shall maintain the Premises and every part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Premises (including, without limitation, those portions all floors, walls and ceilings and their coverings, doors and locks, furnishings, trade fixtures, signage, leasehold improvements, equipment and other personal property from time to time situated in or on the Premises) in good order, condition and repair, and in a clean, safe, operable, attractive and sanitary condition. Tenant will not commit or allow to remain any waste or damage to any portion of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEPremises. Tenant at its cost shall perform the following: a. Any constructionrepair or replace, modification and/or improvements made subject to the leased premise will be at the expense of the Tenant (unless otherwise agreed)Landlord's direction and supervision, and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and any damage to the facilitiesComplex caused by Tenant or Tenant's agents, contractors or invitees. If Tenant fails to make such repairs or replacements, Landlord may make the same at Tenant's cost. Such cost shall be payable to Landlord by Tenant on demand as Additional Rent. All contractors, workmen, artisans and other persons which or whom Tenant proposes to retain to perform work in the Premises (or the Complex, pursuant to the second sentence of this Section 8.2) pursuant to this Section 8.2 or Section 11 shall be approved by Landlord, in Landlord=s sole discretion, prior to the commencement of any such work. . Tenant shall be liable for and shall pay, before they become delinquent, all taxes and assessments levied against any personal property placed by Tenant in the Premises (even if same becomes a fixture by operation of law or the property of Landlord by operation of this Lease), including any additional Impositions which may be assessed, levied, charged or imposed against Landlord or the Building by reason of non-Building Standard Items in the Premises. Tenant may withhold payments of any taxes and assessments described in this Section 9 so long as Tenant contests its obligation to pay in accordance with applicable law and the nonpayment thereof does not pose a threat of loss or seizure of the Building or any interest of Landlord therein.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCESection 9.1. Landlord at its cost shall maintain Tenant is responsible for all repairs to, and maintenance of, the following: a. The structural parts of the building Leased Premises and other improvements, that are part of the leased premises which structural parts include the foundations, bearing parking areas and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those but not limited to; (i) damage to the and damage to structural portions of the systems lying Leased Premises (said “structural portions” consisting only of the foundation and members supporting the roof but excluding, by way of example, but not limitation, any exterior wall at which there is an entrance to or exit from the Leased Premises, all interior partition walls and the interior side of building perimeter walls enclosing the Leased Premises, all doors, moldings, trim, window frames, door frames, closure devices, hardware and plate and window glass): and (ii) damage to any utility lines (sewer, water, gas or electrical) located outside the premises. c. The Landlord shall have all snow and ice removed from boundaries of the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restroomsLeased Premises: provided however, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense event any of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements foregoing damage is caused by one or modifications performed by, more acts or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, omissions or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct commissions of Landlord, its agents or employees, exceptedor if a damaged utility line exclusively serves the Leased Premises, then (in either of such events) Landlord shall be responsible for the repairs. However, I under no circumstance shall Landlord be liable to tenant for any disruption of business, lost profits/income from the business of Tenant or any other incidental or consequential damage of any type resulting from damage to any utility lines, regardless of the cause of such damage. c. Section 9.2. All damage, other than that which Landlord undertakes to repair as expressly provided in Section 9.1. or Article XI or XIX will be repaired and all maintenance will be performed and replacements and renewals will be made by Tenant also agrees at Tenant’s cost and expense including without limitation all other maintenance and repairs necessary or appropriate to maintain outdoor areas affected by cause the operations of Leased Premises to be suitable for Tenant’s intended commercial purpose and occupancy; and Tenant will make all repairs, perform all maintenance and provide all renewals and replacements at the business in an orderly fashionLeased Premises, including, including but not limited toto heating and air conditioning equipment (whether any such equipment is roof mounted or otherwise affixed outside the Leased Premises), stacking electrical equipment and disposal fixtures, plumbing fixtures and equipment, elevators, wiring including that within walls or ceiling or under flooring or floor covering), and plumbing lines (including water lines and gas lines) within walls or ceiling and under flooring or floor covering. Tenant will repair any water lines and water leak damage that may occur in the Leased Premises and should the waterline leak cause damage in an area outside the Leased Premises then Tenant will repair said area. Tenant will replace all broken or cracked plate glass and glass windows. Tenant shall not make, or permit to be made, any penetration in the roof or the building of palletswhich the Leased Premises are a part, trash but shall be responsible for all rooftop flashing around the rooftop air conditioning unit. In the event that any such roof penetration is required in connection with any repairs, maintenance, renewals or replacements required to be made by Tenant hereunder, Landlord shall perform such roof penetration at Tenant’s cost within reasonable time after notice from Tenant, and recycling areasTenant shall pay the cost thereof upon demand. If Landlord considers necessary and such repairs, employee litter maintenance, renewals or replacements are required by the provisions of this Lease to be made or provided by Tenant and Tenant refuses or neglects to make same after reasonable notice (except in the event of an emergency in which event no prior notice shall be required). Landlord shall have the right (but shall not be obligated), to make such repairs, perform such maintenance or provide such renewal or replacement. Tenant will, on demand pay the cost thereby incurred by Landlord with interest at the rate of 12% per annum from the date Landlord incurred such cost until paid. Section 9.3. Tenant will not commit waste and will not injure the Leased Premises or the building of which they are a part, but will maintain the Leased Premises in a clean, attractive condition and in good repair, and shall also keep adjacent sidewalks clean. Upon termination of this Lease, Tenant will surrender and deliver up the Leased Premises to Landlord in a restored, “plain-vanilla” condition, such term meaning demolition of all partition walls which Tenant has erected, removal of all plumbing fixtures with the exception of those in the restroom on the date of this Lease, and repair of holes in walk and/or floors and other work as necessary to deliver the space in good retail condition, excepting only ordinary wear and tear and damage arising from acts of God, and excepting also any damage required hereunder to be repaired by Landlord. Upon termination of this Lease, Tenant will also surrender to Landlord all keys to the facilitiesLeased Premises at the place stated herein for the payment of rent and inform Landlord, in writing, of all combinations on locks, safes and vaults, if any, at the Leased Premises. Section 9.4. Landlord will have a right to enter the Leased Premises at any reasonable time (including during Tenant’s business hours) to inspect the condition thereof and to make necessary repairs and improvements to the Leased Premises or other premises in the Center of Landlord’s nearby property, to show the Leased Premises to prospective purchasers, mortgagees or tenants, and for other lawful purposes. Landlord may enter into the Leased Premises to alter, improve and repair the Leased Premises and any portion of the building of which the Leased Premises are a part, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the building and the Leased Premises where reasonably required by the character or the scope of the work to be performed, provided entrance to the Leased Premises shall not be blocked thereby, and further provided that the Permitted Use shall not be interfered with unreasonably. In the event that Landlord requires access to any underfloor duct, Landlord’s liability for carpet or other floor covering replacement shall be limited to replacement of the piece removed. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s Permitted Use or business, any loss of occupancy or quiet enjoyment of the Leased Premises and any other loss occasioned thereby, unless Landlord unreasonably interferes with the Permitted Use. For each of the aforesaid purposes, Landlord shall at all times have the right to use any and all means which Landlord may deem proper to open doors and in an emergency to obtain entry to any portion of the Leased Premises. Landlord shall also have the right at any time to change the arrangement and/or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Center, and change the name, number or designation by which the Center is commonly known. Section 9.5. Should any mechanic’s liens or other liens or affidavits claiming liens be filed against the Leased Premises or any portion thereof or any interest therein for any reason whatsoever incident to the acts or omissions of Tenant, its agents or contractors, Tenant shall cause the same to be canceled and discharged of record by payment, bonding or otherwise, within fifteen (15) days after Tenant has received notice of such filing.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCETo maintain the Premises in neat order and condition and to perform all routine and ordinary repairs to the Premises and to any plumbing, heating, electrical, ventilating and air-conditioning systems or other specialty systems located within the Premises and installed by Tenant such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted; to keep all glass in windows and doors of the Premises (except glass in the exterior walls of the Building) whole and in good condition with glass of the same quality as that injured or broken; and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, employees, agents, invitees or licensees or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Landlord In addition, Tenant shall, at its cost sole expense, contract for cleaning and janitorial services to the Premises, including window cleaning. A trash dumpster enclosure is currently located on the Property in an area designated by Landlord. Tenant shall, at its expense, contract directly for a trash dumpster to be housed on the Property in such enclosure and to be emptied on a regular basis. However, Tenant shall maintain have the following: a. The structural parts right to relocate the dumpster, from time to time, to a location on the Property reasonably approved by Landlord, subject to all permitting and other requirements of the building Town of Burlington and other improvements, that are part Landlord’s reasonable requirements as to size and screening. Subject to Tenant’s compliance with all requirements of the leased premises which structural parts include Town of Burlington, Tenant shall be permitted to keep a cardboard recycling container in an area on the foundationsProperty reasonably approved by Landlord. (Landlord, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions upon default of Tenant beyond the expiration of the systems lying outside the premises. c. The Landlord shall have all snow applicable notice and ice removed from the sidewalks leading to the premises as soon as practicablecure periods hereunder [except in emergencies where immediate action may be taken], and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areasmay elect, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed)Tenant, and will require upon three (3) business days’ prior written notice or fewer if reasonable under the approval circumstances, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury to the Building or the Premises caused by moving property of Tenant in or out of the Landlord. Any improvements Building, or modifications performed by installation or removal of furniture or other property, or by misuse by, or on behalf neglect, or improper conduct of, the Tenant willor Tenant’s servants, at the option of the Landlordemployees, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 aboveagents, Tenant at its cost shall maintain the leased premisescontractors, including all janitorial care of the office and restroom facilities associated with this spacecustomers, and at the expiration of the term of this Lease Agreementpatrons, invitees, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedlicensees. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.)

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain maintain, or cause Prime Landlord to maintain, the following: a. The structural parts entire Premises in the condition existing as of the building date of this Lease (ordinary wear and tear excepted), including without limitation the Building and other improvementsImprovements on the Premises, that are part of the leased premises which structural parts include the foundations, bearing and all roofs and exterior walls, subflooring driveways and roof. b. The unexposed parking areas, and shall make all necessary repairs to the building structure and concealed systems (including without limitation plumbing, electrical, plumbing heating and sewage systemsair conditioning) within or servicing the Premises; provided, includinghowever, that Landlord shall not be required to effect any repair the reasonable cost of which would exceed $50,000, in which case Tenant may immediately terminate this Lease or may effect such repair and offset against payments due to Landlord hereunder or under any other agreement its reasonable cost of effecting such repair. Landlord shall also make any modifications to the Premises required to comply with applicable legal requirements, including without limitation, those portions limitation the Americans with Disabilities Act. If any repairs required to be made by Landlord to the Premises are not completed within ten (10) days after written notice of the systems lying outside need for the premises. c. The repairs has been given by Tenant to Landlord (or, in the event of an emergency, if not made as soon as reasonably practical), then Tenant may make the needed repairs on behalf of and at the expense of Landlord. Landlord shall reimburse Tenant for the reasonable cost of the repairs within ten (10) days after written demand, accompanied by supporting invoices. If any repairs required to be made by Landlord are commenced when necessary, but cannot be completed within ten (10) days, then Landlord shall have all snow an additional reasonable period of time to complete the repairs, so long as it continues to prosecute the completion of the repairs with due diligence, and ice removed from the sidewalks leading provided it keeps Tenant fully informed as to the premises as soon as practicable, and see that snow from progress of the parking area is properly and reasonably removed and that all refuse and garbage is removed from repairs. Tenant shall keep the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, Premises in a safe, neat and clean condition at all times, and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEshall be responsible the routine maintenance and upkeep of the Improvements (including minor non-structural repairs to the interior of the Building, and the general policing of paved and landscaped areas). Tenant at its cost also shall perform be responsible for any repairs to Tenant's personal property and equipment placed on the following: a. Any construction, modification and/or improvements made to Premises. Notwithstanding the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationforegoing, Tenant shall surrender have no responsibility whatsoever for any underground storage tanks located on the leased premises to Landlord in the same condition Premises as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal date of pallets, trash and recycling areas, employee litter and damage to the facilitiesthis Lease.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (a) Subject to Landlord at its cost s obligations set forth in Section 4.2(b) below, Tenant shall throughout the Term keep and maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsPremises, including, without limitation, those portions (i) elevators, boilers, the plumbing, sprinkler, electrical and mechanical lines and equipment associated therewith, each to the extent located within the Building; (ii) utility and trunk lines, tanks and transformers, each to the extent located within the Building, (iii) improvements to the Land outside of the systems lying outside the premises. c. The Landlord shall have all snow Building, including ditches, shrubbery, landscaping and ice removed from the sidewalks leading to the premises as soon as practicable, fencing; and see that snow from (iv) the parking area is properly areas and reasonably removed and that all refuse and garbage is removed from access ways located on the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restroomsLand, in a safeat least as good order, clean condition and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform repair as they are in on the following: a. Any constructionTerm Commencement Date or may be put during the Term, modification and/or improvements made to the leased premise will be at the expense of the Tenant excepting only (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal x) reasonable wear and tear, (y) damage from the elements, by fire or other casualtycasualty or taking by condemnation or eminent domain which shall instead be governed by Articles VIII and IX, and (z) damage caused by Landlord or Parties for Which Landlord is required Responsible. Tenant shall obtain and maintain at all times during the Term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employeesfor the regular maintenance of all heating, excepted. c. air conditioning and ventilating equipment serving the Building, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant also agrees to maintain outdoor areas affected by the operations shall keep accurate and complete records of the business in an orderly fashionperformance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. Tenant shall promptly make all repairs and replacements and do all other work necessary to accomplish the foregoing, at Tenant's sole cost and expense. In the event that the provisions of this Lease, including, but without limitation the requirements of this Section 4.2(a), shall require that Tenant perform a capital replacement of any Building system serving the Building, notwithstanding the foregoing provisions of this Section 4.2(a), upon written request from Tenant, Landlord and not limited toTenant shall cause such replacement to be performed, stacking and disposal the amortized costs incurred by Landlord with respect to such capital replacement shall constitute an Operating Expense and shall be reimbursed by Tenant in accordance with the provisions of pallets3.2.4 above. (b) Subject to Tenant's obligations set forth in Section 4.2(a) above, trash Landlord shall maintain, repair and recycling areasreplace, employee litter as necessary, and damage keep in good order, safe and clean condition, the bearing walls, roof, exterior walls, support beams and columns, foundation, window frames and floor slabs of the Building (collectively, the "Structure" ) as well as any portion of the following systems, to the facilitiesextent located outside of the Building but on the Premises: plumbing, sprinkler, electrical and mechanical lines and equipment associated therewith and utility and trunk lines, tanks and transformers, except that Landlord shall in no event be responsible to Tenant for the repair of any condition on the Premises caused by any act or neglect of Tenant or Parties for Which Tenant is Responsible. (c) Notwithstanding the foregoing, Tenant shall determine in Tenant's commercially reasonable discretion when a replacement is needed, whereupon Tenant shall notify Landlord that such replacement is needed, and Landlord shall cause such replacement to be performed pursuant to this Section 4.2.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord shall, at Landlord's own cost and expense, except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the Building and equipment used to provide the services referred to in Paragraph 6 hereof, except to the extent any such damage is caused by acts or omission of Tenant, or Tenant's agents, employees or invitees, in which event, Tenant shall bear the cost of such repairs to the extent so caused by Tenant, or Tenant's agents, employees or invitees. Tenant shall promptly give Landlord at its cost notice of any damage in the Leased Premises requiring repair by Landlord, as aforesaid. B. Tenant shall not in any manner deface or injure the Leased Premises or the Building but shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsLeased Premises, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow fixtures installed by Tenant and ice removed from the sidewalks leading to the premises as soon as practicableall plate glass, walls, carpeting and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restroomsother floor covering placed or found therein, in a safeclean, clean attractive, first-class condition and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any constructionin good repair, modification and/or improvements made except as to the leased premise will damage required to be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the repaired by Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at Paragraph 7.A. hereof. Upon the expiration of the term Term of this Lease Agreement, or prior terminationLease, Tenant shall surrender and deliver up the leased premises Leased Premises with all improvements located thereon (except as provided in Paragraph 11.B. hereof) to Landlord broom-clean and in the same condition as receivedin which they existed at the commencement of the Lease, normal excepting only ordinary wear and tear, tear and damage arising from the elements, fire or other casualty, damage Landlord is any cause not required to repair hereunderbe repaired by Tenant, or damage from failing which Landlord may restore the negligence or willful misconduct of LandlordLeased Premises to such condition, its agents or employees, exceptedand Tenant shall pay the cost thereof. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Except as provided in paragraph 15 and 16, Landlord at its cost shall maintain maintain, in good condition, the following: a. The structural parts of the building and other improvementsimprovements in which the premises are located for structural integrity only, that are part of the leased premises which structural parts include only the foundationsfoundation, bearing and exterior wallswalls (excluding glass, doors and interior perimeter drywall, interior and exterior painting), subflooring and roof.roof (excluding interior portions of skylights and ceiling). Subject to reimbursement by Tenant, as specified below, Landlord shall maintain and repair the following: b. The unexposed (a) Unexposed electrical, plumbing and sewage systems, systems including, without limitation, those portions of the systems lying outside the premises. c. The (b) Window frames, gutters and down spouts on the building in which the premises are located. (c) Heating, ventilating and air conditioning systems servicing the premises. Landlord shall have all snow engage a maintenance firm to service the heating, ventilating and ice removed from air conditioning systems servicing the sidewalks leading to premises. (d) The elevator, the premises as soon as practicablestairwells, the common entryway and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord . Pursuant to paragraph 3, Tenant shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made pay to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part additional rent, FIFTY-SIX AND EIGHT TENTHS PERCENT (56.8%) of Landlord's expenses incurred in fulfilling his obligations to maintain the Keuka Business Park at facilities as enumerated above, subject to the conclusion first year cap of the lease term. b. $0.35 per square foot per month. Except as provided above or in paragraph 8.1 above15 and 16, Tenant at its cost shall maintain the leased premisespremises in operating condition, including all janitorial care with reasonable wear and tear expected. Landlord may upon reasonable written notice to Tenant make any such repairs which are not promptly made by Tenant and may charge the cost thereof to Tenant as additional rent, and there shall be no liability on the part of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or any portion of the office and restroom facilities associated with this space, and at the expiration buildings or of the term of this Lease Agreementpremises or in or to fixtures, or prior termination, appurtenances and equipment therein. Tenant shall surrender make all repairs thereto or to the leased premises to Landlord in the same condition buildings which are made necessary as received, normal wear and tear, damage from the elements, fire a result of any misuse or other casualty, damage Landlord is required to repair hereunder, neglect by Tenant or damage from the negligence or willful misconduct of Landlord, by its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected employees or by its visitors while in the operations of the business building. All such repairs shall be at least equal in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage quality to the facilitiesoriginal work.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord Throughout the Term, Tenant, at its sole cost and expense, shall keep and maintain all of the Leased Premises and Development in good repair and condition in a manner consistent with similar developments of this size and quality and shall make all repairs, replacements and renewals, foreseen or unforeseen, ordinary or extraordinary, necessary to put or maintain the following: a. The structural parts Leased Premises and Development in such state of repair and condition. Tenant acknowledges Landlord’s concern that, because the building Development is located on the Landlord’s campus, it must be operated, repaired, maintained and managed in a first class condition and in a manner comparable to other improvementsfirst class retail projects in midtown and downtown Memphis, Tennessee. Tenant further acknowledges that are part of the leased premises which structural parts include the foundationsLandlord, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading in agreeing to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term terms of this Lease Agreement, is relying on the expertise, experience and reputation of Tenant, and its constituent partners, officers, and directors, to cause the Development to be operated, maintained and managed in said first class condition. Landlord shall not be required to maintain, repair or prior terminationrebuild all or any part of the Leased Premises and Development or Tenant parking pursuant to this Lease. Tenant waives the right to (i) require Landlord to maintain, repair or rebuild all or any part of the Leased Premises and Development pursuant to this Lease, or (ii) make repairs at the expense of Landlord pursuant to this Lease by reason of any Applicable Laws, contract, easement, covenant, condition, or restriction at any time in effect. In addition, Tenant shall surrender keep the leased premises to Landlord Leased Premises and Development in the same a safe and sanitary condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of by all Applicable Laws. At least annually upon request by Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations a senior member of the business in an orderly fashion, including, but not limited to, stacking facilities management personnel of both parties will meet to discuss plans for the long-term maintenance of the Development and disposal consider the suggestions of pallets, trash and recycling areas, employee litter and damage the other party with respect to the facilitiesongoing maintenance of the Development.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCECity shall maintain in good repair all real property owned by City which Concessionaire Tenant may lease as the Premises. Landlord Concessionaire Tenant shall maintain in good repair all personal property owned by Concessionaire Tenant. Concessionaire Tenant covenants and agrees at its expense and without cost or expense to City during the term hereof after the occupancy of Premises to the following: Sample Document (a) Concessionaire Tenant shall maintain the following: a. The structural parts of the building in good repair and other improvementskeep in a clean, that are part of the leased premises which structural parts include the foundationsneat, bearing safe, sanitary, and exterior wallsorderly condition at all times Premises and all leasehold improvements therein, subflooring and roofwhether installed by Concessionaire Tenant or City. b. The unexposed electrical(b) Concessionaire Tenant shall be responsible for all maintenance and repair of Premises except for structural maintenance, plumbing utility line maintenance and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed byrepairs necessitated by insured occurrences, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from repairs necessitated by the negligence or willful misconduct acts of Landlordthe Department, its agents or employees, exceptedagents, and contractors which are the responsibility of Department. Structural maintenance shall include repairs and maintenance of the roof, exterior walls, foundation, and supporting members of the building, excluding doors. All maintenance shall be equal to or greater than the materials, workmanship, and appearance representative of similar areas in the Airport directly controlled by the Department. c. (c) Concessionaire Tenant also agrees shall provide or cause to maintain outdoor areas affected by be provided a complete and proper arrangement for the adequate sanitary handling and disposal, away from Airport, of all trash, garbage, and other refuse caused as a result of the operations conducted on the Premises. Concessionaire Tenant shall provide, at its sole expense, suitable covered receptacles of substantial quality and maintained in clean condition and in good repair for all such garbage, trash, and other refuse. Concessionaire Tenant shall keep Premises, at all times, free and clear of wastepaper, trash, rubbish, debris, discarded plastic, graffiti, discarded pallets, or anything unsightly or detrimental to health or likely to create a fire hazard or conducive to deterioration to remain on any part of Premises. (d) Concessionaire Tenant agrees that all maintenance-type services to be performed hereunder shall be accomplished by qualified personnel, or where regulated by law, a properly licensed contractor. All repairs shall be of first class quality in both materials and workmanship, shall be equal to or better than the original materials and workmanship, and, except in emergencies requiring immediate response, must have the prior written approval of the business in an orderly fashion, including, but not limited to, stacking Department. The Department shall be the sole judge of the quality of maintenance and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesrepairs.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord (A) Sublessee, at its sole cost and expense, shall make additions, improvements, alterations and repairs to or on the Premises, including the storefront, and to utility equipment used exclusively for the Premises (including separate utility meters and all portions of electrical and mechanical systems located within the Premises or servicing the Premises exclusively) and to utility lines to the point of connection for Sublessee which may be required to keep same in good order, condition and repair, and sanitary, clean, safe, and in sightly appearance at all times during the term hereof, including those required by any public authority unless specifically made Sublessor's responsibility under the next paragraph. Any such work by Sublessee shall be subject to Sublessor's prior written approval, not to be unreasonably withheld or delayed, and Sublessor may, as agent for and on account of Sublessee, but shall not be obligated to, deal directly with any such authorities respecting their requirements for additions, improvements, alterations and repairs. Sublessee's responsibility hereunder shall include, without limitation and at its sole cost, replacement of mechanical equipment required for the Premises and included within Sublessee's Work, fixtures, glass (with glass of the same size and quality), floor covering and ceiling materials, doors and door hardware and the decoration of the interior and storefront of the Premises in order to maintain at all times a clean and sightly appearance. If Sublessee refuses or neglects to make such replacements or to make repairs or to maintain the following:Premises, or any part thereof, in a manner satisfactory to Sublessor, using reasonable judgment, Sublessor shall have the right, upon giving Sublessee ten (10) days written notice, (except in situations reasonably deemed to be an emergency by Sublessor, in which case said notice provision is hereby waived) if it elects to do so, to make such repairs or perform such maintenance on behalf of and for the account of Sublessee and Sublessee shall pay Sublessor's cost of such work promptly upon receipt of a bill xxxrefore. Sublessee shall not be responsible for any structural repairs to the Building. a. The structural parts of (B) Sublessor agrees that Owner has agreed in the building and other improvements, that are part of the leased premises which structural parts include Lease to keep the foundations, bearing utility lines external to the Premises from the point of connection for Sublessee, exterior walls other than the storefront and exterior wallsall structural systems of the Building in good condition and repair. Sublessor agrees to use its best efforts to cause Prime Lessee to cause Owner to perform any such necessary repairs. Sublessor shall not be liable to Sublessee for any damages caused by the items mentioned in the previous sentence being out of repair unless Sublessor has had reasonable opportunity to cause the same to be repaired after Sublessee has notified Sublessor, subflooring and roofin writing, of the need of same. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of C) During the term of this Lease Agreementlease, Sublessee agrees to employ a contractor or prior termination, Tenant shall surrender other person acceptable to the leased premises to Landlord Sublessor in the same condition as receivedexercise of reasonable judgment, normal wear to perform annual maintenance and/or preventive maintenance to the heating, cooling and tear, damage from ventilating units on the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also Premises. Sublessee further agrees to maintain outdoor areas affected by provide and to pay for (i) regular nightly cleaning and janitorial services for the operations Premises and (ii) window washing for the interior and exterior of the business in an orderly fashionPremises at least, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesonce every month.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Grantor will keep the following: a. The structural parts Mortgaged Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the building Mortgaged Property to be misused, abused or wasted or to deteriorate. Grantor will promptly replace all worn-out or obsolete fixtures covered by this Mortgage with fixtures comparable to the replaced fixtures when new, and will repaint the Mortgaged Property when needed. Grantor will make all renovations, modifications and alterations to the Mortgaged Property in compliance with all Applicable Laws. Notwithstanding any of the foregoing, Grantor will not, without the prior written consent of Noteholder, (i) remove from the Mortgaged Property any fixtures covered by this Mortgage except those replaced by Grantor by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest (except that created by this Mortgage); (ii) make any structural alteration to the Mortgaged Property or any other improvementsalterations thereto which impair the value thereof; or (iii) make any alteration to the Mortgaged Property involving an estimated expenditure exceeding $20,000 except pursuant to plans and specifications approved in writing by Noteholder. Upon request of Noteholder, Grantor will promptly deliver to Noteholder an inventory describing and showing the make, model, serial number and location of all fixtures used in the management, maintenance and operation of the Mortgaged Property with a certification by Grantor that said inventory is a true and complete schedule of all such fixtures and personal property used in the management, maintenance and operation of the Mortgaged Property, that are part such items specified in the inventory constitute all of the leased premises which structural parts include fixtures required in the foundationsmanagement, bearing maintenance and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions operation of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicableMortgaged Property, and see that snow from the parking area is properly and reasonably removed and that all refuse such items are owned by Grantor free and garbage is removed from the collection areaclear of any lien or security interest (except that created by this Mortgage). d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord shall, at Landlord's own cost and expense, except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the Building and equipment used to provide the services referred to in Paragraph 6 hereof, unless any such damage is caused in whole or in part by acts or omission of Tenant, or Tenant's agents, employees or invitees, in which event Tenant shall bear the cost of such repairs. Tenant shall promptly give Landlord at its cost notice of any damage in the Leased Premises requiring repair by Landlord, as aforesaid. B. Tenant shall not in any manner deface or injure the Leased Premises or the Building but shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsLeased Premises, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow fixtures installed by Tenant and ice removed from the sidewalks leading to the premises as soon as practicableall plate glass, walls, carpeting and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restroomsother floor covering placed or found therein, in a safeclean, clean attractive, first-class condition and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any constructionin good repair, modification and/or improvements made except as to the leased premise will damage required to be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the repaired by Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at Paragraph 7.A. hereof. Upon the expiration of the term Term of this Lease Agreement, or prior terminationLease, Tenant shall surrender and deliver up the leased premises Leased Premises with all improvements located thereon (except as provided in Paragraph 11.B. hereof) to Landlord broom-clean and in the same condition as receivedin which they existed at the commencement of the Lease, normal excepting only ordinary wear and teartear and damage arising from any cause not required to be repaired by Tenant, failing which Landlord may restore the Leased Premises to such condition, and Tenant shall pay the cost thereof. C. This Paragraph 7 shall not apply in the case of damage from the elements, or destruction by fire or other casualty, damage casualty which is covered by insurance maintained by Landlord is required on the Building (as to repair hereunderwhich Paragraph 8 hereof shall apply), or damage resulting from the negligence or willful misconduct of Landlord, its agents or employees, exceptedan eminent domain taking (as to which Paragraph 15 hereof shall apply). c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE9.1 Landlord shall, at it sole cost and expense, maintain and make necessary repairs of damage to the roof, foundation, and the structural soundness of the exterior walls (excluding all windows, window glass, plate glass, and all doors). Subject to the provisions of Paragraph 4 of the Lease, Landlord shall further maintain the Common Areas. Tenant shall give immediate written notice to Landlord of the need for maintenance, repairs or corrections. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises except as expressly set forth in this section. In addition to the provisions of Paragraph 4 above, it is expressly understood that Tenant shall pay for any damage to the roof, foundation or to the structural soundness of exterior walls, which is caused by the act of Tenant, or of Tenant's employees, agents or invitees, or which is caused by Tenant's default hereunder. 9.2 Tenant shall, at its cost shall own risk and expense, maintain the following: a. The structural all other parts of the building Premises in good repair and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant condition (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionnecessary replacements), including, but not limited to, stacking all fixtures installed by Tenant, walls, carpeting and disposal other floor covering, plumbing, windows, window glass, plate glass, doors, heating, ventilation and air conditioning systems (the "HVAC Systems"), fire protection sprinkler system, downspouts, dock bumpers and other electrical, mechanical, and electromotive installation, equipment, and fixtures and also including trash removal, all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under, and above the Premises. Tenant shall take good care of palletsall leasehold improvements and its fixtures, trash and recycling areassuffer no waste. Tenant shall be responsible for all pest control and extermination. Should Tenant neglect to keep and maintain the Premises, employee litter then Landlord shall have the right, but not the obligation, to have the work done and damage any reasonable costs therefor shall be charged to Tenant as additional rental and shall become payable by Tenant with the facilities.payment of the rental next due and shall bear interest thereon at the maximum rate allowable from the date of demand until paid. At the termination of this Lease, Tenant shall deliver the Premises "broom clean" in the same good order and condition as existed at the Commencement Date ordinary wear and tear excepted. Throughout the Term of the Lease, Tenant shall contract with a qualified and properly insured contractor to service and maintain the HVAC Systems on a regularly scheduled basis, but not less than once every three (3) months. Such service shall include, but not be limited to, cleaning of the coil and condenser units on each unit; checking the electrical connections, the oil and refrigerant

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord Throughout the Term of this Lease, Tenant, at its sole cost and expense, shall maintain the following: a. The structural parts take good care of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsPremises, including, without limitation, those portions all improvements now or hereafter erected thereon, (including, without limitation, all Tenant's Improvements, sidewalks, paved areas, exterior lighting, street fixtures, utility lines and facilities, drainage lines and facilities, and all other equipment and appurtenances used in the functioning of the systems lying outside Premises or any portion thereof) and all sidewalks, street fixtures, lights and furniture, curbs and entrance ways adjoining the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicablesame, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in keep the same in good order, condition as receivedand repair, normal except for (i) reasonable wear and tear, (ii) damage from a Taking or a Casualty after the elementslast repair, fire replacement, restoration or other casualty, damage Landlord is renewal required to repair be made by Tenant pursuant to its obligations hereunder, or and (iii) damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected caused by the operations of City or its employees or contractors, and Tenant shall make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. All repairs made by Tenant shall be performed in accordance with the business construction standards and requirements set forth in an orderly fashionArticle 4, including, but not limited towithout limitation, stacking delays due to Force Majeure Events as provided in Section 4.16, and disposal of pallets, trash shall be substantially equal or better in quality and recycling areas, employee litter and damage class to the facilitiesthen- existing quality of Tenant's Improvements being repaired and shall be made in compliance with applicable Legal Requirements. Tenant shall cause Tenant's Improvements to be inspected no less frequently than once every ten (10) years during the Term by a qualified professional engineer registered in the State of New Hampshire and approved by the City in its reasonable discretion, who shall deliver a detailed report to both Tenant and the City not later than each tenth (10th) anniversary of the Effective Date, which report shall describe in reasonable detail the condition of Tenant's Improvements and any maintenance, repairs or replacements recommended to be made thereto or performed thereon in order to maintain the same in good order, condition and repair (the "Physical Conditions Report"). The Physical Conditions Report shall be signed and certified by the engineer performing the inspection. If Tenant fails to obtain an inspection report when required to do so by this Section, the City may obtain such a report, at Tenant's cost. Tenant shall not commit, and shall use all reasonable efforts to prevent, waste, damage or injury to the Premises.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE(a) As Additional Rent, Tenant shall furnish and pay for, maintain and repair the following services: heat, ventilation and air conditioning in the Building for which the Tenant shall obtain a service contract from a reputable contractor and deliver a copy thereof to Landlord; all plumbing and electrical fixtures; water for ordinary drinking and lavatory purposes, janitorial services; security services, removal of any of Tenant’s rubbish; light bulbs and ballasts and the repair of any interior of the Building and its decorations, floor and wall coverings, ceilings, lighting fixtures or other work within the Premises, exterminate all areas of the Premises; and snow removal, parking lot and landscaping of the exterior portion of the Premises. Notwithstanding the foregoing, subject to the provisions of Article 11, since Landlord at intends to significantly renovate the Building and this is a short term Lease, the Tenant need not repair or maintain any systems or items that are not essential for its cost continued use and occupancy of the Premises (unless necessary to prevent waste to the Premises), and/or may affect a temporary repair of such systems or items provided further that for all mechanical systems and items that are less than five (5) years old, the Tenant shall maintain and repairs such systems and items in accordance with the followingmanufacturer’s standards and specifications or customary industry standards. (b) Landlord shall not be responsible for any defect in workmanship or other problem that arises with respect to the Premises or installation of the Tenant’s Work by Tenant or Tenant’s contractors. Further, Landlord shall not be responsible to the Tenant for any condition in or about the Premises or the Building that is caused by any act or neglect of the Tenant or any agent, customer, invitee or licensee of the Tenant, and where any repair is made necessary by any such act or neglect, the Tenant shall pay directly for such repair. (c) The Landlord shall be responsible for the repair of the roof, floors (but not floor coverings), structural elements and parking lot not caused by neglectful maintenance or intentional conduct of the Tenant or its employees or invitees or damaged or required to be replaced by reason of Tenant’s compliance with its environmental obligations pursuant to this Lease Agreement. Any replacements or costs of a capital nature under generally accepted accounting principles consistently applied (referred to as “Capital Replacements”), including, but not limited to: a. The (i) rentals and other related expenses incurred in leasing capital items such as air conditioning systems, elevators or other equipment that would not be considered normal maintenance, repair, management or operation expenses; (ii) alterations to and replacements of capital items such as the roof, structural parts components, sprinklers and the parking lot; or (iii) costs of equipment, tools and/or improvements not normally expensed in one year, (iv) roof and roofing, including flashing, gutters, downspouts, xxxxx and the like; (v) alterations to and replacements of capital items such as the structural components (i.e. exterior and load-bearing walls), and the parking lot; (vi) mechanical and electrical services incorporated in or beneath the structure of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Building including, without limitation, those portions the HVAC system (excluding routine maintenance and repair which is the obligation of Tenant); and (vii) parking lots, driveways, sidewalks and walkways (excluding the obligation to keep same free from snow, ice and debris which are obligations of Tenant hereunder) shall be paid for by Landlord, but since this is a short term Lease and Landlord plans to substantially renovate the Premises at the end of the systems lying outside term, Landlord may elect not to repair or replace any of the premises. c. The Landlord Capital Replacements in which event Tenant may elect either to (i) pay for a temporary repair to such Capital Replacement, or (ii) terminate this Lease by giving thirty (30) days written notice of termination (or such termination notice may be effective earlier if the Premises cannot be used by Tenant for its business due to the need for such Capital Replacement), whereupon this Lease shall terminate as if such date were the Expiration Date hereunder and thereafter neither party shall have all snow and ice removed from the sidewalks leading any further obligation or liability to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made other except to the leased premise will be at extent such obligation or liability would survive the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionExpiration Date originally set forth herein, including, but not limited to, stacking those obligations and disposal liabilities of pallets, trash and recycling areas, employee litter and damage to the facilities.Tenant set forth in

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Except as provided in Section 10.03, Article Eleven (Damage or Destruction) and Article Twelve (Condemnation), Tenant shall maintain the following: a. The structural parts keep all portions of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsPremises, including, without limitation, those plumbing, restrooms, lighting, man doors, dock doors, levelers, shelters, seals and bumpers (if any), windows, floors, fire/life safety systems, air rotation equipment and electrical items, in a clean and orderly condition and good repair. Tenant shall arrange and pay for its own janitorial service, trash removal, security system, telecommunication systems, and any and all other services that Tenant desires. Tenant shall enter into a preventative maintenance contract with a reputable HVAC service company, such contract and contractor to be approved by Landlord, to provide for routine maintenance of the HVAC systems serving the Premises. If any portion of the Premises or any system or equipment in the Premises which Tenant shall be obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term, Tenant shall only be responsible for the portion attributable to the remaining portion of the Lease Term. Landlord shall have the right, upon reasonable advance written notice to Tenant, to undertake the responsibility for maintenance of the heating and air conditioning system at Tenant’s expense if Tenant has failed to maintain such system as required by this Lease. Landlord shall, at Tenant’s expense, repair any damage to the portions of the systems lying outside the premises. c. The Property Landlord shall have all snow be required to maintain caused by Tenant’s acts or omissions. There are nine (9) HVAC units that serve the Premises. Notwithstanding the foregoing, Tenant shall, at its sole cost and ice removed from expense, be responsible for the sidewalks leading repair and/or replacement of the two (2) HVAC units that serve the lab of the Premises and the replacement of the four (4) other HVAC units that serve the Premises and are identified as Tenant’s responsibility in Exhibit F. As to the premises as soon as practicableremaining three (3) HVAC units, and see that snow from if such units need to be replaced during the parking area is properly and reasonably removed and that all refuse and garbage is removed from Lease Term, but the collection area. d. The Landlord shall maintain benefit of such replacement extends beyond the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationTerm, Tenant shall surrender only be responsible for the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations pro rata portion of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage cost attributable to the facilitiesremaining portion of the Lease Term.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Tenant shall maintain keep the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Premises including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicableroof, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areasstructure, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf ofexterior walls, the Tenant willheating, at ventilation and air conditioning system (the option of the Landlord“HVAC System”) and all plumbing, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 aboveelectrical, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office mechanical and restroom facilities associated with this space, other fixtures and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord equipment therein in the same order, condition and repair as receivedthey are in on the Commencement Date or may be put in during the Initial or Extension Terms, normal reasonable use, wear and tear, damage from fire and other casualty and taking by eminent domain only excepted; and shall make all repairs, alterations, additions or replacements (each such addition or replacement a “Capital Improvement”) and do all other work necessary for the elementsforegoing purposes. Notwithstanding the foregoing, fire Landlord shall, at Landlord’s sole cost and expense, be responsible for any necessary replacement of the original Carrier Rooftop HVAC Units serving the Premises as of the A&R Effective Date (the “HVAC Units”), provided that the need for such replacement is not caused by the act or omission of Tenant or any of its contractors, agents or invitees. If Tenant reasonably determines that the HVAC Units are in need of replacement, Tenant shall promptly notify Landlord of same in writing (“Tenant’s HVAC Notice”), and Landlord shall inspect the HVAC Units as soon as is reasonably practicable, but in no event more than five (5) business days thereafter. If, following Landlord’s inspection of the HVAC Units, Landlord disagrees with Xxxxxx’s assessment that the HVAC Units are in need of replacement (as opposed to repair), then Landlord shall notify Tenant of such disagreement in writing within ten (10) business days after its receipt of Tenant’s HVAC Notice (“Landlord’s HVAC Notice”). In such event, within five (5) business days after the delivery of Landlord’s HVAC Notice, each of Landlord and Tenant shall select its own reputable HVAC contractor, consultant or expert having at least ten (10) years of experience installing, repairing and replacing HVAC equipment of a similar type, size and quality as the HVAC Units in the general vicinity of the Premises (each, an “HVAC Contractor”) and shall notify the other casualtyparty of the identity of its HVAC Contractor. If after joint inspection of the HVAC Units the Landlord’s and Tenant’s HVAC Contractors are unable to reach agreement with respect to whether the HVAC Units are in need of replacement, damage Landlord the HVAC Contractors shall mutually select a third HVAC Contractor, who shall inspect the HVAC Units as soon as is reasonably practicable and make a final, binding determination as to whether or not replacement is required. At Tenant’s election, any Capital Improvement (specifically not including the replacement of any HVAC Unit, provided that the need for such replacement is not caused by the act or omission of Tenant or any of its contractors, agents or invitees) required to repair hereunderbe made by Tenant under this subsection or under subsection 4.1(d) below may be funded either by Tenant directly or, or damage from at the negligence or willful misconduct request of the Tenant and mutual agreement of the parties, by Landlord, its agents or employeesprovided that in the latter event, excepted. c. Tenant also agrees to maintain outdoor areas affected the Annual Rent shall be increased by the operations annual pro rata share of the business in amount necessary to amortize the cost of such Capital Improvement over the useful life thereof, even if extending beyond the Term of this Lease, utilizing an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage annual interest rate equal to the facilitiesthen prime rate of Bank of America (or its successor) plus two percent (2%). Snow and ice removal shall be the sole responsibility of Tenant.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCETenant acknowledges that the Leased Premises will be in good repair and working order. Landlord Tenant shall, at its cost sole expense, except for all Warranty work for new construction or equipment, which shall be assigned or accrue to the benefit of Tenant, maintain the following: a. The structural parts interior and exterior of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Leased Premises (including, without limitation, those portions all electrical, plumbing and mechanical systems) in as good order and repair as it was at the date of the systems lying outside commencement of this Lease, reasonable wear and tear excepted. Tenant shall not knowingly commit or willingly permit to be committed any act or thing contrary to the rules and regulations of any federal, state, municipal or quasi-governmental authority. If the Landlord determines, in its sole discretion, that the facility is not being properly maintained, it shall give notice to Tenant in writing to repair and/or maintain the premises. c. . The Landlord Tenant shall have 48 hours in which to correct any minor deficiencies (small repairs or cleaning inadequacies) and thirty (30) days for larger repairs. If the repairs and maintenance are not performed to Landlord's satisfaction within the required time period, Landlord may employ another person or entity to repair and/or maintain all snow or any part of the premises and ice removed from the sidewalks leading Tenant shall be responsible for the payment of all expenses and costs related to said repair and maintenance, which if not paid, shall be deemed a default pursuant to Section 20, below. Tenant shall permit Landlord, or its representatives, to inspect at any time the Leased Premises and to make improvements to the premises Leased Premises as soon Landlord may now or hereafter deem to be necessary and/or appropriate for the Leased Premises. All such improvements shall be done, so far as practicable, to avoid interference with Tenant's occupancy and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense use of the Tenant (unless otherwise agreed)Leased Premises, and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, that Tenant shall surrender the leased premises not be entitled to Landlord in the same condition as received, normal wear compensation for unavoidable interference with its occupancy and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepteduse. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Subject to the provisions of Sections 10.3 and 10.4 and Article 12, and except for damage caused by any act or omission of Tenant or any other Tenant Party, Landlord at its cost shall maintain make such repairs and replacements to the following: a. The structural parts of the building roof structure and roof membrane; exterior walls; floor slabs, footings, foundations, columns, and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain components installed as part of the Keuka Business Park at the conclusion Base Building Work; glass in exterior windows and exterior doors of the lease term. b. Except Building installed as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care part of the office Base Building Work; and restroom facilities associated with this spaceother Base Building Work systems (provided that Tenant shall be responsible for maintaining the utilities distribution and mechanical systems installed by Tenant, whether in the Premises or elsewhere in or about the Building, beyond the applicable Utility Switching Points or (as applicable) beyond the base building equipment and at the expiration electrical panels installed by Landlord as part of the term Base Building Work) as may be necessary to properly maintain them in good repair and condition. Landlord shall have no obligation to repair or maintain any portion of the Premises or perform any service, except as specifically set forth in this Lease Agreement, or prior termination, Section 10.3. Tenant shall surrender the leased premises promptly report in writing to Landlord in the same any defective condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage known to it that Landlord is required to repair. If, after receiving such report, any failure by Landlord to make necessary repairs unreasonably interferes with Tenant’s use or occupancy of the Premises, then Tenant may, upon reasonable prior notice to Landlord (which shall be not less than thirty (30) days, unless the condition poses a substantial risk to person or property, in which event Tenant shall provide such reasonable prior notice to Landlord as is reasonably possible in the circumstances) if Landlord has not then commenced or undertaken to commence such repairs, perform such repairs at Tenant’s expense, provided that Tenant shall comply with all requirements under Section 10.3 that would have been applicable to such repair work if Tenant had elected to provide such services or self-manage the Premises as provided in Section 10.3(a). If and to the extent reasonably required for Landlord to carry out its maintenance or service obligations hereunder, or damage from the negligence or willful misconduct of Tenant shall assign, make available to Landlord, its agents or employeesuse reasonable efforts to enforce (but without any obligation to undertake applicable enforcement proceedings) any applicable warranties held by Tenant or any Tenant Party. Tenant waives the benefit of any present or future law that provides Tenant the right to repair the Premises or Property at Landlord’s expense or to terminate this Lease because of the condition of the Property or Premises. Notwithstanding anything to the contrary in this Lease, excepted. c. Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant also or any other Tenant Party in or about the Building or the Building Site, and Tenant hereby agrees to maintain outdoor areas affected by store, contain and dispose of any and all such Hazardous Substances at Tenant’s sole cost and expense in accordance with the operations provisions of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesArticle 9.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord's Obligations. Landlord at its cost shall maintain keep in good order, ---------------------- condition and repair (i) the following: a. The structural parts of the building and other improvementsBuilding, that are part of the leased premises which structural parts include only the foundations, bearing foundation and subflooring of the Building and the structural condition of the roof and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior wallsand interior of all windows, subflooring doors, ceiling and roof. b. The unexposed electricalplate glass which shall be maintained and repaired by Tenant), plumbing (ii) the roof membrane, and sewage systems, including, without limitation, those portions (iii) the common areas of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicableProject. For purposes of this Lease, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areasareas of the Project shall mean those areas outside of the Buildings which are for the benefit of all of the tenants in the Project (e.g., the landscape and parking areas, hallways lighting, sidewalks), driveways and stairs the utility pipes, conduits and restroomslines which run from the street to each Building and between each of the Buildings). The costs incurred by Landlord (or, in a safeif applicable, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall by Tenant) to perform the following: a. Any construction, modification and/or improvements made foregoing obligations to the leased premise will extent they are deemed "Operating Costs" (as defined in --------------- Section 2C) shall be at passed through to Tenant and any other tenants in the expense Project, except that any damage to any of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from foregoing caused by the negligence or willful misconduct acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Tenant or Tenant's agents, employees or contractors during the performance of any Work shall be repaired by Tenant, at Tenant's expense, with contractors reasonably approved by Landlord, its agents or employeesat Landlord's option, excepted. c. by Landlord, at Tenant's expense. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant also agrees to maintain outdoor areas affected by the operations shall have notified Landlord of the need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease. Notwithstanding the foregoing, in the event Tenant notifies Landlord in writing of an item needing immediate repair and there is no dispute concerning the need for such repair, the scope of the repair or that Landlord is the party responsible for such repair, then (A) in the event of an emergency repair (e.g., roof leakage or other repairs which adversely and materially affect Tenant's ability to conduct its normal business operations within the Premises), Landlord shall commence and complete such repair within the five (5) day period following Landlord's receipt of Tenant's repair notice, unless the nature of the repair is such that more than five (5) days is required to complete such repair in an orderly fashionwhich case Landlord shall commence the repair within such five (5) day period and thereafter diligently prosecute the same to completion, includingor (b) in the event of any other type of repair, Landlord shall commence and complete such repair within the thirty (30) day period following Landlord's receipt of Tenant's repair notice, unless the nature of the repair is such that more than thirty (30) days is required to complete such repair in which case Landlord shall commence the repair within such thirty (30) day period and thereafter diligently prosecute the same to completion. In the event Landlord fails to dispute or commence the repair within such thirty (30) day period, then Tenant shall have the right, but not limited tothe obligation, stacking to cause the repair of such item and disposal to submit an invoice to Landlord for the reasonable out-of-pocket costs incurred by Tenant for the same (including reasonable supporting documentation for the same), and Landlord shall pay such amount to Tenant within thirty (30) days of pallets, trash receipt of Tenant's invoice and recycling areas, employee litter and damage to the facilitiesrelated documentation for such work.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall repair and maintain in good order and condition, ordinary wear and tear excepted, the following: a. The structural parts Common Areas, mechanical and equipment rooms, the roof of the building and other improvementsBuilding, that are part the exterior walls of the leased premises which Building, the exterior windows of the Building, the structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside Building, the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicableelevators, and see that snow the electrical, plumbing, mechanical, fire protection, life safety, and HVAC systems servicing the Building. However, unless the Waiver of Subrogation section applies, Tenant shall pay the cost of any such repairs or maintenance resulting from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense acts or omissions of the Tenant (unless otherwise agreed)Parties. Additionally, and will require Landlord shall replace the approval Building standard fluorescent light tubes in the Premises. Tenant waives the provisions of the Landlord. Any improvements or modifications performed byany law, or any right Tenant may have under common law, permitting Tenant to make repairs at Landlord's expense or to withhold Rent or terminate this Lease based on behalf of, any alleged failure of Landlord to make repairs. All costs associated with the Tenant will, at repair and maintenance obligations of Landlord under this article shall be included in and constitute Operating Costs. Except to the option of extent Landlord is obligated to repair and maintain the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except Premises as provided in paragraph 8.1 above, Tenant shall, at its cost shall sole cost, repair, replace, and maintain the leased premisesPremises (including the walls, including all janitorial care ceilings, and floors in the Premises, and any specialized or supplemental electrical, lighting, plumbing, mechanical, fire protection, life safety and HVAC systems exclusively for Tenant's use) in a clean, attractive, first-class condition. All replacements shall be of equal quality and class to the original items replaced. Tenant shall not commit or allow to be committed any waste on any portion of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationPremises. Prior to performing any such repair obligation, Tenant shall surrender the leased premises give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereundersuch notice, or damage from the negligence or willful misconduct of require that Tenant perform such obligations by using contractors approved by Landlord, its agents or employees, exceptedall at Tenant's expense. All work shall be performed in accordance with Landlord's rules and procedures. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORDa. It is intended that this Lease be a “net lease” such that Landlord shall have no obligation for maintenance or repair of any portion of the Leased Premises. TENANT IS SOLELY RESPONSIBLE FOR ALL DAMAGE OF ANY KIND THAT OCCURS TO THE LEASED PREMISES. TENANT IS SOLELY RESPONSIBLE FOR ALL MAINTENANCE AND REPAIR OF THE PROPERTY AT TENANT’S REPAIR SOLE COST AND MAINTENANCEEXPENSE. Landlord shall not have any repair obligations regarding the Leased Premises whatsoever (except for any items that Landlord elects to perform because of Tenant’s default under this Lease). b. Unless Landlord otherwise agrees in writing, Tenant must at its cost all times use contractors approved by Landlord for the provision of such maintenance and repairs. Without limiting the generality of Section VII(a), Tenant shall maintain the followingbe responsible for, without limitation: a. The i. re-surfacing and re-paving paved, concrete or asphalted areas serving the Leased Premises that are damaged or in disrepair; ii. promptly fixing any potholes or similar abnormalities that arise on or about the Grounds; iii. keeping the Leased Premises reasonably free of pests and vermin, including but not limited to any termite control or other wood/paper destroying insect control; iv. maintaining service drives and service areas, driveways servicing the Leased Premises, landscaped areas, sidewalks not maintained by any municipality, roofs, gutters and downspouts, pylon signs/ billboard within the Leased Premises, plate glass, plumbing, closets, electrical, heating, air conditioning, parking lot, walls, pipes and fixtures belonging thereto and the signs and fascias; v. the repair, replacement and maintenance in good and tenantable condition the Leased Premises and every part thereof, and including without limitation, the roof, exterior walls, structural parts of the building Leased Premises and foundation floor covering (including carpeting, tile, terrazzo or other special flooring installed by or at the request of Tenant), utility meters, pipes and conduits, all fixtures, air-conditioning and heating equipment serving the Leased Premises and other improvementsequipment therein, that are part the store front or store fronts, Tenant’s signs, locks and closing devices, and window sashes, casements or frames, door and door frames and to do all such items of the leased premises which structural parts include the foundationsrepair, bearing maintenance and exterior walls, subflooring and roofimprovement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. b. The unexposed electrical, plumbing c. Tenant shall further be responsible for the cost of repairing all damages to the exterior and sewage systems, including, without limitation, those other portions of the systems lying outside building of which the premises. c. The Landlord Leased Premises are a part, including the roof and other interior lease spaces, which are caused by Tenant, Tenant’s employees, invitees and guests, regardless of whether the cause of the damage was known or unknown by Tenant. All glass, both exterior and interior, is at the sole risk of Tenant, and any glass broken shall have all snow be promptly replaced by Tenant with glass of the same kind, size and ice removed from the sidewalks leading quality. Tenant shall also repair any damage to the premises as soon as practicableLeased Premises in connection with any burglary, and see that snow from graffiti, acts of vandalism, or forcible entry into the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection areaLeased Premises at Tenant’s sole expense. d. The Upon any surrender of the Leased Premises, Tenant shall deliver the Leased Premises to Landlord in good order, condition and state of repair, ordinary wear and tear excepted. e. If the Building or Leased Premises contains air conditioning and/or heating equipment (“HVAC”) dedicated to servicing the Leased Premises, on or before the Commencement Date of this Lease or within thirty (30) days of the installation of the HVAC system, Tenant shall enter into a maintenance contract (“Contract”) with an air conditioning maintenance contractor (“HVAC Contractor”) approved by Landlord for the maintenance and service of the HVAC system. Such Contract shall provide for maintenance of the HVAC system not less than quarterly and changing of the air filters not less than monthly. Tenant shall be responsible for the total cost of the basic charge of the Contract and shall have total responsibility for HVAC maintenance, repair and replacement in accordance with the preceding provisions. f. Tenant shall not commit waste but shall maintain the common areas, parking areas, hallways and stairs and restrooms, Leased Premises in a safeclean, clean attractive condition and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEin good repair. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlordalso keep all storefront glass clean. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior Upon termination, Tenant shall surrender the leased premises to Landlord all keys and other access devices to the Leased Premises and Building, if applicable. Tenant shall be responsible for any damage to the Leased Premises or Property caused by Tenant’s removal of Tenant’s equipment and furnishings or any fixtures from the Leased Premises. g. If Tenant fails, refuses or neglects to properly maintain the Leased Premises after five (5) days notice and an opportunity to cure the same, or to commence or to complete repairs promptly and adequately, or if Landlord finds it necessary to make any repairs or replacements otherwise required to be made by Tenant, then Landlord may, without further notice to Tenant, in addition to all other remedies, but without obligation to do so, enter the Leased Premises and proceed forthwith to have such maintenance, repairs or replacements made, and Tenant shall pay to Landlord, on demand, the cost and expenses therefor as Additional Rent plus a charge of twenty percent (20%) of such costs and expenses to compensate Landlord for its administrative and overhead costs. h. Landlord shall have a right to enter and inspect the Grounds and any portion the Building open to the general public at any time and without advance notice to Tenant. Upon 24-hour prior notice to Tenant, Landlord shall have a right to enter the Building and any portion of the Leased Premises not open to the public at any reasonable time (including during Tenant’s business hours) to inspect the condition thereof, to make necessary repairs or to repair or maintain pipes, wires, and other facilities serving other premises in the Property (such repairs being made at Landlord’s discretion and solely if Tenant has failed to maintain the same condition as receivedin accordance with Tenant’s complete maintenance and repair obligations under this Lease). Notwithstanding the foregoing, normal wear and tearin case of an emergency, Landlord shall have the right to enter the Leased Premises at any time without having given Tenant prior written notice. In any instance where Landlord exercises its rights to enter the Leased Premises, Landlord shall use reasonable efforts to not interfere with Tenant’s business operations at the Leased Premises. Landlord shall not be liable for any damage from the elementsor injury to persons or property caused by any act, fire or other casualty, damage Landlord is required failure to repair hereunderact, or damage from the negligence grossly negligent, willful, or willful misconduct wanton act or omission of Landlord, its agents, employees or contractors resulting from their entry onto the Leased Premises or repair or any other work performed in the Leased Premises. i. Tenant shall not permit the filing of any mechanic’s liens or other liens or affidavits claiming liens to be filed against the Leased Premises or Property. Tenant is not an agent of Landlord, and Landlord shall not be responsible for any costs of labor or materials furnished by Tenant or Tenant’s contractors or employees. Should any mechanic’s liens or other liens or affidavits claiming liens be filed against the Leased Premises or the Property for any reason whatsoever incident to the acts or omissions of Tenant, its agents or employeescontractors, excepted. c. Tenant also agrees shall cause the same to maintain outdoor areas affected be immediately cancelled and discharged of record by payment, bonding or otherwise. If Tenant fails to cause the operations of aforesaid lien to be cancelled and discharged, Landlord shall have the business in an orderly fashion, including, right to do so by any manner the Landlord deems fit – including but not limited toto paying the lien without inquiring as to its validity - and Landlord’s cost incurred in doing so plus twenty-five percent (25%) shall be payable to Landlord by Tenant upon Landlord’s demand or invoice for the same. If Landlord requests, stacking Tenant must file a bond to secure the release, satisfaction, or discharge of any lien filed against the Leased Premises within seventy-two (72) hours of Landlord’s request for the same or must replace Landlord’s posted bond discharging such lien within the same time period. Landlord shall further have the right to setoff and disposal of palletsdeduct from any allowance funds provided under Exhibit “C” hereunder such sums, trash costs, fees, and recycling areasother expenses Landlord incurs to challenge, employee litter and damage resolve, or release any lien Tenant has permitted to be filed against the facilitiesProperty or Leased Premises.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord's Obligations. Landlord at its cost shall maintain keep in good order, ---------------------- condition and repair the following: a. The structural parts of the building and other improvementsBuilding, that are part of the leased premises which structural parts include only the foundationsfoundation, bearing subflooring, exterior walls (excluding the interior of all walls and the exterior wallsand interior of all windows, subflooring and roof. b. The unexposed electricaldoors, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicableceilings, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreedplate glass), and will require the approval roof structure of the Landlord. Any improvements or modifications performed byBuilding (but not the roof membrane), or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office unexposed plumbing and restroom facilities associated with this spaceelectrical facilities, and at the expiration of the term of this Lease Agreementall gutters and downspouts, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, except for any damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from thereto caused by the negligence or willful misconduct acts or omissions of LandlordTenant or of Tenant's agents, its agents employees or employeesinvitees, excepted. c. Tenant also agrees to maintain outdoor areas affected or by the operations reason of the business failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant's agents, employees or contractors. In addition, Landlord shall perform any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders that become effective after the date of this Lease, and all capital improvements required to be made in connection with the operation, maintenance and repair of the Building; provided, however, in accordance with Paragraph 5.E, any and all ------------- costs and expenses incurred by Landlord in performing any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized. It is an orderly fashionexpress condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord of the need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease. Landlord shall keep in good order, includingcondition, repair and maintenance the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for the purpose of maintaining the Building's HVAC system, and a roof maintenance service contract from a qualified vendor for the purpose of maintaining the Building's roof. Landlord shall determine in its sole reasonable discretion whether any such vendor is qualified. Any and all costs of any maintenance or minor repair of the HVAC system or the roof (including without limitation the cost of maintaining HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs payable solely by Tenant for the year in which such cost is incurred. Any and all costs of any replacement or major repair of the HVAC system or the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the item replaced or repaired (as determined by Landlord in its sole discretion) (collectively, the "Useful Life"), and the entire amount of such amortized costs and interest allocable to each month, multiplied by Tenant's Building Share, shall be included in the monthly Common Area Maintenance Costs payable solely by Tenant during the entire period over which such costs are amortized, until Tenant has paid to Landlord that proportion of the total amount of such amortized costs equal to (a) the number of months remaining during the Term as of the date such replacement or major repair was completed, divided by (b) the number of months of the Useful Life, multiplied by (c) Tenant's Building Share; provided that in no event shall such proportion exceed one hundred percent (100%). Repairs to the HVAC system or the roof shall be deemed to be "minor" if the total aggregate cost of such repairs is less than or equal to Ten Thousand Dollars ($10,000.00), and shall be deemed to be "major" if the total aggregate cost of such repairs exceeds Ten Thousand Dollars ($10,000.00). For the purposes of example only and not by way of limitation, if a replacement of part of the HVAC system is completed twenty-five (25) months before the end of the Term, at a cost of Twenty Thousand Dollars ($20,000.00), and the Useful Life of such replaced part of the HVAC system is fifty (50) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Dollars ($400.00) per month, with interest at the Interest Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the balance of the Term shall equal Four Hundred Dollars ($400.00), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Three Thousand Dollars ($3,000.00), together with interest at the Interest Rate, towards such amortized costs (i.e., Twenty Thousand Dollars ($20,000.00) multiplied by [Twenty-Five (25) Months divided by Fifty (50) Months], multiplied by Tenant's Building Share). It is the express intent of the parties that except as specifically set forth in this Paragraph 17.A, Landlord shall have no obligation whatsoever to -------------- incur any costs or expenses whatsoever with respect to the repair, operation, and maintenance of the Building, and that Tenant shall be responsible for all costs and expenses arising from the repair, operation, and maintenance of the Building except those costs and expenses specifically described in this Paragraph 17.A. -------------- B. Tenant's Obligations. Tenant shall at all times and at its sole -------------------- cost and expense clean, keep and maintain in good order, condition and repair (and replace, if necessary) every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and -------------- maintenance obligations shall include without limitation all exposed plumbing and electrical facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, window frames, doors, entrances, plate glass, showcases, skylights, all lighting fixtures, lamps, fans and any exhaust equipment and systems, all mechanical systems (but not limited tothe HVAC system), stacking the voice and disposal data system described in Paragraph 39 or successor system, any ------------ automatic fire extinguisher equipment within the Building, all security systems and alarms (including the security system described Paragraph 38), all ------------ electrical motors and all other appliances and equipment (including the equipment listed on Exhibit C) of palletsevery kind and nature located in, trash and recycling areas, employee litter and damage to upon or --------- about the facilitiesBuilding or the Premises. Tenant shall also be responsible for all pest control within the Premises.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost (a) Except for the maintenance and repairs which are the responsibility of Landlord, Tenant shall maintain the following: a. The structural parts of the building Leased Premises, including all fixtures installed by Tenant, in good and other improvements, that are part of the leased premises which structural parts include the foundations, bearing tenantable condition and exterior walls, subflooring repair and roof. b. The unexposed electrical, plumbing shall promptly make all necessary repairs and sewage systemsreplacements thereto, including, without limitation, those portions of caused by fire or other casualty, all at Tenant's sole expense, under the systems lying outside the premises. c. The Landlord shall have all snow supervision and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require with the approval of the Landlord. Any improvements Such repairs and replacements shall be in quality and class equal to the original work. Without diminishing such obligations of Tenant, if Tenant fails to make such repairs or modifications performed by, or on behalf of, replacements within fifteen (15) days after the Tenant will, at the option occurrence of the Landlorddamage or injury, remain Landlord may at its option make such repair and Tenant shall pay Landlord for the cost thereof upon demand, plus interest thereon, as provided in this Lease, from demand until payment. In addition, Tenant shall pay the cost of repair and replacement due to damage or injury done to the Leased Premises or any part thereof or any part of the Keuka Business Park at the conclusion of the lease term. b. Except Leased Premises, by Tenant or Tenant's agents, employees, contractors, licensees or invitees. Such amount shall be paid by Tenant to Landlord upon demand, plus interest thereon, as provided in paragraph 8.1 abovethis Lease, from demand until payment. Upon termination of this Lease, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall will surrender the leased premises Leased Premises to Landlord in the same condition in which they existed at the commencement of the Lease or as receivedsubsequently improved by Landlord or Tenant, normal excepting only ordinary wear and tear, condemnation and damage from required hereunder to be repaired at Landlord's expense. (b) Tenant acknowledges that it has inspected the elementsLeased Premises and Tenant's taking possession of the Leased Premises shall be conclusive evidence as against the Tenant that the Leased Premises were in good order and satisfactory condition when the Tenant took possession. No promise of the Landlord to alter, fire remodel, repair or other casualtyimprove the Leased Premises and no representation respecting the condition of the Leased Premises have been made by Landlord to Tenant. (c) Landlord makes no representations or warranties that the Leased Premises, damage Landlord is required to repair hereunderas presently constructed and improved or as same shall be constructed or improved in accordance with this Lease, are in compliance with, or damage from shall subsequently comply with, any statutory or regulatory requirements that may be applicable to the negligence Leased Premises, Tenant or willful misconduct Landlord. In the event that, in order for the Tenant to operate its business within the Leased Premises, alterations or improvements must be made to the Leased Premises to cause same to come into compliance with any statutory or regulatory requirement, such alterations and improvements shall be subject to Landlord's prior written approval, and they shall be made at the sole cost and expense of Landlord. In the event that the Tenant continues to operate its business within the Leased Premises in violation of any statutory or regulatory requirement, its agents or employees, excepted. c. the Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionindemnify and hold Landlord harmless of, from and against any and all losses, costs and expenses (including, but not limited toto reasonable attorneys' fees) which may be incurred by the Landlord as a result of such failure to comply with any statutory or regulatory requirements. In the event that the Leased Premises, stacking and disposal or any portion or aspect of palletsany of them is determined to fail to comply with any statutory or regulatory requirement, trash and recycling areas, employee litter and damage such failure of compliance shall not constitute a default or a failure of performance on the part of the Landlord pursuant to the facilitiesterms and provisions of this Lease.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE(1) Borrower shall cause the Property to be maintained in a good and safe condition and repair. Landlord at its cost The Improvements and the Personal Property shall maintain the following: a. The structural parts not be removed, demolished or materially altered (except for normal replacement of the building and other improvementsPersonal Property and/or tenant improvements made in connection with a Lease which has been entered into by Borrower in accordance with the terms hereof) without the prior consent of Lender, that are which shall not be unreasonably withheld. (2) Borrower shall promptly after receipt of insurance proceeds, if any, repair, replace or rebuild any part of the leased premises Property which structural parts include may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the foundations, bearing character referred to in Section 2.5 hereof and exterior walls, subflooring shall complete and roofpay for any structure at any time in the process of construction or repair on the Land. b. The unexposed electrical(3) Borrower shall not initiate, plumbing and sewage systemsjoin in, includingacquiesce in, without limitationor consent to any change in any private restrictive covenant, those portions zoning law or other public or private restriction, limiting the uses which may be made of the systems lying outside Property or any part thereof. If under applicable zoning provisions the premisesuse of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or abandoned without the express written consent of Lender. c. The Landlord shall have all snow and ice removed (4) Borrower will not permit any drilling or exploration for or extraction, removal or production of any minerals from the sidewalks leading surface or the sub-surface of the Real Estate regardless of the depth thereof or the method of mining or extraction thereof. (5) Notwithstanding anything herein to the premises as soon as practicablecontrary, Lender approves and see that snow from consents to Borrower's proposed Improvements on the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areasMerrillville, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be IN Individual Property at the expense of locations identified on Schedule 2.2(a)(5) hereof (the Tenant "Merrillville Construction"); provided that (unless otherwise agreed)i) Borrower receives all required approvals for the Merrillville Construction from applicable governmental authorities, and will require (ii) the Merrillville Construction is conducted pursuant to a construction contract with a guaranteed maximum price that does not cause a material adverse effect to Borrower's financial condition, as reasonably determined by Lender, provided that Lender's approval of such construction contract shall be deemed granted if the Landlord. Any improvements guaranteed maximum price is less than or modifications performed byequal to $50 per square foot, or on behalf ofabsent other factors causing a material adverse effect to Borrower's financial condition, (iii) the Tenant will, at the option Merrillville Construction adds no more than 14,000 leasable square feet of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termImprovements. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Subject to paragraph 16, Landlord at its cost shall maintain and keep in good repair the following: a. The structural parts of Common Area, as defined in paragraph 40, and the building and other improvementsmechanical, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, includingwindows, without limitationwindow frames, those portions plate glass glazing, elevators, gutters and downspouts, structural elements and the heating, ventilating and air conditioning systems (excepting special air conditioning of the systems lying outside the premises. c. The Tenant's computer room(s) as set forth below); provided, however, that Landlord shall have all snow and ice removed from not be required to perform repairs made necessary by the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense negligence or abuse of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any such improvements or modifications performed byproperty by Tenant or its employees, agents, subtenants or on behalf ofpermittees. The cost of all maintenance and repairs made by Landlord pursuant to this paragraph 9, the including without limitation maintenance contracts and supplies, materials, equipment and tools used in such repairs and maintenance, shall be direct expenses and Tenant will, at the option shall pay its percentage share of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except such cost to Landlord as provided in paragraphs 4 and 5. By entry hereunder Tenant accepts the Premises and being in good and sanitary order, condition and repair. Subject to paragraphs 16 and 21, and excepting repairs and maintenance required by this paragraph 8.1 above9 to be made by Landlord, Tenant at its cost shall maintain keep the leased premisesPremises and every part thereof in good and sanitary order, including all janitorial care of the office condition and restroom facilities associated with this spacerepair, and at Tenant shall be solely responsible for the expiration of the term of this Lease Agreementcost and maintenance of, or prior terminationand electricity supplied to, any special air conditioning for Tenant's computer facilities. Further, Tenant shall surrender repair (or, at the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct option of Landlord, reimburse Landlord if Landlord elects to repair) damage to improvements or other property located on or about the Project where such repairs are made necessary by the negligence of, or abuse of such improvement or other property by, Tenant or its agents or employees, exceptedagents, subtenants or permittees. Tenant waives all rights and benefits under California Civil Code Sections 1932(1), 1941, and 1942 and under any similar law, statute or ordinance now or hereafter in effect. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Lessor shall maintain the following: a. The structural parts (other than for any repairs or replacements required as a result of the building acts or omissions or negligence of Lessee, its agents, officers and other improvements, that are part its and their employees or invitees) maintain in good order and condition the roof of the leased premises which structural parts include Building, all landscaping, curbing, sidewalks, roads, parking areas, driveways, the foundationsBuilding’s structure, the Building’s foundation, the Building’s load bearing and exterior walls, subflooring the base Building plumbing system (which is the plumbing system as delivered to Lessee), and roof. b. The unexposed electricalall exterior areas used in common by the tenants of the Building and generally keep the same clean. Lessee will (other than for any repairs or replacement required as a result of Lessor’s gross negligence or willful misconduct) maintain in good order, plumbing condition and sewage systemsrepair the entire Demised Premises (interior and exterior), including, without limitation, those portions overhead loading doors, dock levelers, dock bumpers, electrical, heating, ventilating, air-conditioning, lighting and plumbing systems in the Demised Premises and make replacements and replace parts and materials as required. Notwithstanding the foregoing, provided Lessee complies with its repair and maintenance obligations as detailed herein (including the provisions of Section 39), if any of the systems lying outside existing HVAC units serving the premises. c. The Landlord shall have all snow Premises (as detailed in Exhibit D) should fail, beyond repair (per the mutual agreement of Lessor and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreedLessee), and will require such failure was not the approval result of Lessee’s gross negligence or willful misconduct, Lessor shall replace such failed HVAC unit. Lessee shall reimburse Lessor for a portion of the Landlord. Any improvements or modifications performed by, or on behalf ofcosts to replace such HVAC unit according to the following formula: The cost to replace such HVAC unit multiplied by a fraction, the Tenant will, at numerator of which is the option number of years contained within Lessee’s current Lease Term and the Landlord, remain as part denominator of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of which is 10 years. If Lessee extends the term of this Lease Agreementby exercise of a renewal option pursuant to Section 2.d above or otherwise, or prior termination, Tenant this formula shall surrender be recalculated and Lessee shall reimburse Lessor for the leased premises to Landlord in incremental costs. If any of the same condition HVAC units serving the Premises should fail as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the a result of Lessee’s gross negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees Lessee’s failure to maintain outdoor areas affected such units as required herein, Lessee shall replace such units at Lessee’s sole costs and expense, Lessee shall, at its own expense, keep the Demised Premises in good repair, order and clean and, at its own expense, will remove all refuse and garbage therefrom. Garbage and refuse shall be stored at such locations and in such containers as shall be approved by Lessor. Lessee shall use such rubbish and trash removal contractors as Lessor, at its option, may designate. Notwithstanding anything contained in this Lease to the operations contrary, except in cases of Lessor’s gross negligence or willful misconduct, Lessee shall be responsible for repairs and restoration to the Demised Premises resulting from, occasioned by, or arising from, any break-ins, burglaries or attempted break-ins or burglaries in, on or to the Demised Premises. Lessee may not place or store any pallets outside the exterior of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesDemised Premises.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Sublandlord shall maintain and repair (or use reasonable efforts to cause Landlord to maintain and repair, to the following: a. The structural parts extent required of Landlord under the building Master Lease) the shared access kitchen/cafeteria and other improvementsbathroom areas, that are part of exterior doors and windows, and all utility and life-safety systems serving the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsSubleased Premises, including, without limitation, those portions the HVAC systems and lighting fixtures, and shall provide janitorial service to the Subleased Premises. The level of all such services shall be commensurate with the level of such services provided by Sublandlord for its retained portion of the systems lying outside the premises. c. The Landlord Master Premises. Expenses incurred by Sublandlord hereunder shall have all snow and ice removed from the sidewalks leading constitute a Building Expense that is reimbursable by Subtenant under section 3.2 of this Sublease. Notwithstanding anything in this Sublease to the premises as soon as practicablecontrary, Subtenant shall reimburse Sublandlord, within 15 days after presentation of an invoice, for all costs incurred by Sublandlord to repair damage caused by the negligent or willful act or omission of Subtenant or any of its employees, agents, contractors or invitees. Under no circumstances shall Subtenant make any repairs or modifications to the Master Premises structure or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Master Premises or Subleased Premises unless such repairs or modifications are previously approved in writing by Sublandlord. Sublandlord reserves the sole right to make repairs and modifications to such systems. Sublandlord agrees to give Subtenant reasonable advance notice of any work by Sublandlord or its contractors to the Master Premises which is reasonably anticipated to cause an interruption to the utility services to the Subleased Premises or which is reasonably anticipated to interfere with the conduct of Subtenant's business in the Subleased Premises. Sublandlord will use reasonable efforts to coordinate such work with Subtenant's Facility Executive in order to minimize any interference with the conduct of Subtenant's business in the Subleased Premises. There shall be no abatement of rent with respect to, and see that snow Sublandlord shall not be liable for, any injury to or interference with Subtenant's business or its leasehold interest arising from any repair, maintenance, alteration or improvement in or to any portion of the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areasSubleased Premises, parking areasMaster Premises or Common Area, hallways and stairs and restrooms, or in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made or to the leased premise will be at the expense of the Tenant (unless otherwise agreed)fixtures, appurtenances and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termequipment therein. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Subject to provisions of Paragraphs 10B and 15 of this Lease, below, Landlord shall keep and maintain the roof, paving, structural elements, landscaping, irrigation systems and exterior walls of the Complex in good order and repair. Landlord at shall also keep and maintain in good order and repair the windows, window frames, doors, hardware, interior walls, and the electrical, plumbing, elevators, lighting, energy management systems, security systems, fire sprinklers, heating and air conditioning systems. Landlord agrees to make such repairs as necessary as promptly as possible. Such expenses shall be included in Operating Expenses for purposes of Paragraph 3 above. If, however, any repairs or maintenance are required because of an act or omission of Tenant, or its cost agents, employees or invitees, then Tenant shall maintain the following: a. The structural parts pay to Landlord upon demand one hundred percent (100%) of the building and other improvementscosts of such repair or maintenance. Notwithstanding anything in this Lease to the contrary, that are part after the initial construction of the leased premises which structural parts include Improvements in the foundationsPremises by Landlord pursuant to the provisions of Paragraph 6 of this Lease, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from no obligation to alter, remodel, improve, decorate, or paint the sidewalks leading Premises or any part thereof. Should Landlord fail to maintain the premises as soon as practicableelectrical, plumbing, elevators, lighting, energy management systems, security systems, fire sprinklers, and see that snow from heating and air conditioning systems (the parking area is properly "Building Systems") in good order and reasonably removed repair, then Tenant may make or do the same at Tenant's expense provided, however, Tenant shall give Landlord three (3) days advance written notice and that all refuse and garbage is removed from Tenant shall use such contractors to do such work so as to not void or in any way alter the collection areaexisting warranties of the Building System(s) so being repaired. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. B. Except as expressly provided in paragraph 8.1 subparagraph 10.A above, Tenant shall, at its cost shall sole cost, keep and maintain the leased premises, including all janitorial care interior of the office Premises in good and restroom facilities associated with this spacesanitary order, first class condition and repair. Should Tenant fail to maintain the Premises as required hereunder forthwith upon notice from Landlord, then Landlord, in addition to all other remedies available hereunder or by law, and at without waiving any alternative remedies, may make or do the expiration of the term of this Lease Agreementsame, or prior terminationand in that event, Tenant shall surrender reimburse Landlord for the leased premises to Landlord in cost of such maintenance or repairs as Additional Rent, at Landlord's election on demand or on the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptednext date upon which Basic Rent becomes due. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCESUBTENANT shall have the right to construct, operate, and maintain on the Leased Premises any and all improvements deemed necessary or convenient in connection with the Permitted Use, and shall have the further right at any time to remove any improvements, buildings or other structures of like nature. Landlord Facilities, such as protective fencing and gates permanently installed, electrical wiring and air-flow baffle walls are to be left in place at the termination of this Sublease or removed by SUBTENANT at its expense, at SUBLANDLORD’s option. SUBTENANT agrees that, at its sole cost and expense, it shall keep and maintain the following: a. The structural parts surface area of the building and other improvements, that are part Leased Premises (located adjacent to the entrance of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreedBlue Stone Mine), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this spaceimprovements constructed thereon by SUBTENANT, in good repair, replacement, and appearance during the term of this Sublease. SUBTENANT further agrees that, at its sole cost and expense, it shall with reasonable promptness make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes and repairs of every kind and nature which may be required to be made upon or in connection with Leased Premises or any part thereof, surface or subsurface, exterior and interior, in order to keep and maintain Leased Premises in such good repair, replacement and appearance, so that the Leased Premises are in substantially the same condition at the expiration end of the term of this Lease AgreementSublease as they were at the commencement of the Dupont Sublease, or prior termination, Tenant shall surrender the leased premises subject to Landlord in the same condition as received, normal wear and tear. Except as may be required pursuant to Sections 5 and 12 herein, damage from the elements, fire or other casualty, damage Landlord is SUBLANDLORD shall not be required to repair hereundermaintain, repair, or damage from the negligence rebuild, or willful misconduct to make any alterations, replacements, or renewals of Landlordany nature or description to Leased Premises or any part thereof, its agents whether ordinary or employeesextraordinary, excepted. c. Tenant also agrees structural or nonstructural, foreseen or unforeseen, or to maintain outdoor areas affected by Leased Premises or any part thereof in any way, and except as may be required pursuant to Section 5 or 12 herein, SUBTENANT hereby expressly waives any right to make repairs or replacements at the operations expense of SUBLANDLORD which may be provided for in any statute or law in effect at the time of the business in an orderly fashion, including, but not limited to, stacking and disposal execution of pallets, trash and recycling areas, employee litter and damage to the facilitiesthis Sublease or any statute or law which may thereafter be enacted.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEa. Tenant accepts the Premises and the Building in their present condition as suited for the use intended by Tenant. Landlord at its cost shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at its sole expense, maintain the option Premises in a clean, attractive condition and in good repair. At the Expiration Date or other termination of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender and deliver up the leased premises Premises (together with all keys to Landlord the Premises) in like good order and condition as the same condition as receivednow are or shall be at the Commencement Date, normal ordinary wear and tear, and damage by fire and other unavoidable casualty not due to the negligence of Tenants, excepted. 2 b. Landlord will repair and maintain the structural portions of the Building, including the basic plumbing, air-conditioning. beating, and electrical systems, installed or furnished by Landlord, unless such maintenance and repairs are caused in part or whole by the act, neglect, fault or omission of Tenant, Tenant's pests or invitees, or persons otherwise permitted on the Premises by Tenant, in which case Tenant shall directly pay to Landlord the reasonable cost of such maintenance or repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as may be hereinafter provided, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with tenants business arising from the elementsmaking of any repairs, fire or other casualty, damage Landlord is required to repair hereunderalterations, or damage from the negligence improvements in or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations any portion of the business Building or the premises or in an orderly fashionor to fixtures, includingappurtenances, but not limited toand equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, stacking statute or ordinance now or hereafter in effect. Tenant will be responsible for normal maintenance on plumbing, a/c, heating and disposal of pallets, trash and recycling areas, employee litter and damage electrical systems up to the facilities$250.00 per occurrence.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost (a) Tenant shall maintain keep the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Leased Premises [including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have Standard Improvements and Tenant Improvements (both as defined in Exhibit F)] and all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, fixtures installed by or on behalf ofof Tenant in good --------- and tenantable condition. Tenant shall promptly make all necessary non- structural repairs and replacements to its fixtures and Tenant Improvements, all at Tenant's expense, with the reasonable approval of Landlord. All repairs and replacements must be equal in quality and class to the original work. Without diminishing this obligation of Tenant, if Tenant willfails to commence any repairs and replacements within 15 days after notice from Landlord or to thereafter diligently complete the repairs and replacements, Landlord may at its option make the repairs and replacements and Tenant shall pay Landlord as additional Rent the actual costs incurred by Landlord plus an administrative fee equal to 5% of the costs. (b) Subject to Paragraph 24,Tenant shall pay the cost of repairs and replacements due to damage or injury to the Project or any part thereof caused by any Tenant Party or by any malfunction or misuse of any equipment installed by or on behalf of Tenant. This amount is payable by Tenant to Landlord as additional Rent, plus interest at the option Interest Rate from the date of payment by Landlord until paid by Tenant. If Tenant requests Landlord to perform any maintenance or repairs to the Landlord, remain as part of Leased Premises over and above the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationservices required to be performed by Landlord under Paragraph 7, Tenant shall surrender pay the leased premises actual cost thereof, plus an administrative fee equal to 5% of the actual cost thereof, to Landlord as additional Rent. (c) Landlord shall (to the extent the repair is not the obligation of Tenant under this Lease) keep and maintain the foundation, exterior walls, exterior windows, roof, Building systems, and other structural elements and Common Areas and Service Areas of the Project in the same good condition and repair as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required reasonably determined to repair hereunder, or damage from the negligence or willful misconduct of be necessary by Landlord, its agents or employees, exceptedconsistent with the condition existing on the Commencement Date. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord (a) Tenant, at its cost expense, shall maintain the following: a. The structural parts of the building Premises in neat, clean and other improvementsgood order and repair, that are part of the leased premises which structural parts include the foundationsand shall be responsible for all maintenance, bearing replacements and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading repair with respect to the premises as soon as practicablePremises, and see that snow from the parking area is properly and reasonably removed and that including without limitation all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areaspaving, parking areas, hallways driveways, landscaping, grounds roofs, structures, exteriors, foundations, glass and stairs Building systems (including without limitation plumbing, heating, cooling, ventilation, and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreedelectrical systems), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except except as provided in paragraph 8.1 subparagraph (b) below, and shall be solely responsible for making all repairs required due to the negligence of Tenant or its employees or invitees and all other repairs other than those for which Landlord is partially responsible pursuant to subparagraph (b) below, but excluding, except as provided in section 10 below, casualties (including without limitation fire, damage from sprinklers and flooding). Tenant shall also be responsible for any repairs to Tenant's personal property and equipment installed in the Building by Tenant, except as provided in section 10 below. (b) Notwithstanding the provisions of subparagraph (a) above, Landlord and Tenant at its shall each bear fifty percent (50%) of the cost of major repairs and complete or substantial replacement or major overhaul or reconstruction of structural components of the Building, roofs and Building systems as described in subparagraph (a) above. Landlord and Tenant shall maintain also each pay fifty percent (50%) of the leased premisescost of making any modifications to the Premises required to comply with applicable legal requirements, including all janitorial care without limitation the Americans with Disabilities Act. Landlord shall reimburse Tenant for its share of the office and restroom facilities associated with this space, and at the expiration reasonable cost of the term of repairs within thirty (30) days after written demand, accompanied by supporting invoices. Alternatively, Tenant may deduct and offset such costs and interest from and against rent due and to become due under this Lease Agreement, or prior terminationLease. Notwithstanding anything to the contrary herein, Tenant shall surrender have no responsibility to make any repairs due to any casualty affecting the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedPremises. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCETo keep the Premises in good order, condition and repair and at least as good order, condition and repair as they are on the commencement date of this Lease or may be improved during the term of this Lease, reasonable Lease Agreement for 625 Putnam Ave, Cambridge for Ft WASHINGTON _____ for VERTEX _____ pxxx 0 xx 00 xxxxx use and wear only excepted; to maintain in good condition all lawns and planted areas and to keep in good repair and clean and neat and free of snow and ice all surfaced roadways, walks, and parking and loading areas; and to make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be extraordinary, foreseen or unforeseen, to the, extent caused by Tenant's act and not a capital improvement. Landlord at its cost Tenant shall maintain secure, pay for and keep in force contracts with appropriate and reputable service companies providing for the following: a. The structural parts regular maintenance of the building heating and other improvementsair conditioning systems and copies of such contracts shall be furnished to Landlord. It is further agrees that the exception of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, that are part of tenantlike, and efficient and usable condition, or in less than good and tenantlike repair. Subject to the leased premises which structural parts include foregoing, Landlord shall be responsible to maintain in good condition the foundationsroof, bearing foundation, and exterior walls, subflooring and roof. b. The unexposed electricalprovided, plumbing and sewage systemshowever, includingthat Landlord shall not be required to make any repairs necessitated by reason of any act or omission of Tenant, without limitationor its employees, those portions of the systems lying outside the premises. c. The agents, subtenants, licensees, concessionaires, invitees or anyone claiming under Tenant, or caused by any alteration, addition or improvement made by Tenant or anyone claiming under Tenant. Landlord shall have all snow no liability whatsoever to Tenant for failure to make repairs unless and ice removed from until Tenant shall give written notice to Landlord stating the sidewalks leading need for such repairs and Landlord shall fail to commence and complete such repairs within a reasonable period of time following receipt of such written notice. Any work done to the premises as soon as practicableroof that requires penetrations of existing roof membrane must be performed by Hi Tech Roofing, and see that snow from Inc., the parking area is properly and reasonably removed and that all refuse and garbage is removed from firm which installed the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restroomsmembrane roof in June 1992, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform order to preserve the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense validity of the Tenant (unless otherwise agreed)guarantee. Lease Agreement for 625 Putnam Ave, and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.Cambridge for Ft WASHINGTON _____ for VERTEX _____ pxxx 0 xx 00 xxxxx

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (a) Tenant shall [to the extent the repair is not the obligation of Landlord under Paragraph 12(e) below], at its sole cost shall and expense, keep and maintain the following: a. The structural all parts of the building Leased Premises (including the Building and other improvements, that are part of related facilities and the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord Land) in the same condition as receivedon December 1, normal wear 1999. Tenant shall cause the Leased Premises [except those components of the Leased Premises that are the obligation of Landlord under Paragraph 12(e) below] to comply with Applicable Laws (defined in Paragraph 18) at all times, promptly making all necessary non-structural repairs and tearreplacements, damage from ordinary and extraordinary. Tenant's obligations and expenses hereunder include but are not limited to the elementswindows, fire or other casualtyglass and plate glass, damage Landlord is required to repair hereunderdoors, or damage from the negligence or willful misconduct any special office entries, walls, finish work, floors, floor coverings, ceilings, heating and air conditioning systems, janitorial service, dock boards, truck doors, dock bumpers, plumbing work and fixtures, pest extermination, landscaping, parking lot repair, and regular removal of Landlord, its agents or employees, exceptedtrash and debris. c. (b) Tenant also agrees to maintain outdoor areas affected shall, at its sole cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems, and equipment within or serving the Leased Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the operations equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within 30 days after the date Tenant takes possession of the business in an orderly fashionLeased Premises. (c) Notwithstanding anything herein to the contrary, including, but not limited to, stacking Tenant shall repair and disposal of pallets, trash and recycling areas, employee litter and pay for any damage to the facilitiesLeased Premises caused by any Tenant Party or caused by Tenant's default under this Lease. (d) All repairs and replacements by Tenant must be equal in quality and class to the original work, made to restore the Leased Premises to the same condition as on December 1, 1999, reasonable wear and tear excepted. Without diminishing this obligation of Tenant, if Tenant does not make any repairs and replacements required hereunder within 15 days after the date of Landlord's notice of same (or, if the repairs or replacements cannot reasonably be completed within the 15-day period, and Tenant commences them promptly and then diligently completes them within a reasonable time, not to exceed 40 days after the date of Landlord's notice), Landlord may at its option, but is under no obligation to, make the repairs and replacements. Tenant shall pay Landlord on demand as additional Rent the costs incurred by Landlord hereunder plus an administrative fee equal to 10% of the costs. (e) Landlord shall (except as expressly provided in this Lease), at its sole cost and expense, keep and maintain the foundation, exterior walls, roof, and other structural elements of the Leased Premises in good condition and repair as reasonably determined to be necessary by Landlord, consistent with the condition existing on December 1, 1999. Upon written notice given by Tenant to Landlord of the need for repairs for which Landlord is responsible hereunder, Landlord shall promptly repair the Leased Premises in a good, workmanlike manner. Landlord shall have thirty (30) days after written notice from Tenant to commence to perform its obligations under this paragraph, unless, in the reasonable judgment of Tenant, such existing condition constitutes an emergency or hazard to persons or to the inventory of Tenant, in which event Landlord shall commence to perform its obligations hereunder immediately and shall diligently proceed with such work until completed. If Landlord fails to commence to perform its obligations hereunder in the event of an emergency within 24 hours notice from Tenant, Tenant shall have the right to act as needed to prevent the danger to persons continuing or to prevent spoilage of its inventory, and Landlord shall promptly pay the reasonable cost thereof to Tenant upon written demand therefor. Tenant shall not have the right to undertake permanent repairs to the foundation, exterior walls, roof, and other structural elements of the Leased Premises. Nothing in this paragraph shall be construed as a waiver of Tenant's right to a claim against Landlord arising from Landlord's failure or delay to make repairs required to be made by Landlord hereunder; further, nothing contained herein shall be deemed to require Tenant to make any repairs for which Landlord is obligated under this Lease.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Xxxxxxx agrees it shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, keep in a safe, good state of repair and in a clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE, except for reasonable wear and tear, all and every part of the Preferential Premises. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made Basic janitorial services will be provided to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain Preferential Premises by Stillwater as part of the Keuka Business Park at the conclusion rental fees. The standards of upkeep, maintenance and repairs required of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost Airline under this Lease shall maintain be not be less than the leased premises, including all janitorial care standards generally followed by Stillwater for similar buildings and premises under Stillwater's control. Any deviation of said minimum standards shall be brought to the attention of the office Airline by Stillwater and restroom facilities associated with this spaceshall be corrected within thirty (30) days thereafter; however, and at the expiration if such corrections are of the term of type and nature which cannot be made within thirty (30) days, then this Lease Agreementprovision shall be deemed to be complied with if Airline commences efforts to make such corrections within thirty (30) days and continues diligently thereafter until such corrections are completed. Stillwater agrees that it will be responsible for all major repairs, maintenance and replacements to the Premises used in common with others, the need for which is not caused by Airline's negligence or prior termination, Tenant willful misconduct. Airline shall surrender be responsible for any and all damages to the leased premises to Landlord Premises used in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from common with others caused by the negligence or willful misconduct of LandlordAirline, its agents agents, officers, employees and invitees. Stillwater shall be responsible for all repairs, maintenance and replacements to the public areas of the Airport around or employees, excepted. c. Tenant also agrees adjacent to maintain outdoor the Premises. Airline shall be responsible for any and all damages to the common areas affected caused by the operations negligence or willful misconduct of Airline, its agents, officers, employees and invitees. Airline shall be responsible for any and all such damages to the premises caused by the negligence or willful misconduct of Airline, its agents, officers, employees and invitees. Airline shall have the right to make improvements on the Preferential Premises, provided all plans and specifications for any such improvements are first submitted in writing to and approved by the Airport Director prior to starting any work on the improvements. Such approval will not be unreasonably withheld. Airline agrees that any improvements made shall immediately become part of the business in an orderly fashionPremises owned by Stillwater, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesexcept for trade fixtures that can be easily removed.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord (a) The Tenant shall, during the term of this lease and any renewal or extension thereof, at its cost shall maintain sole expense, keep the following: a. The structural parts interior of the building Leased Property in as good order and other improvements, that are part repair as it is at the date of the leased premises which commencement of this lease, reasonable wear and tear and damage by accidental fire or other casualty excepted. The Tenant shall not knowingly commit or willingly permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state, or municipal authority. (b) The Landlord, during the term of this lease, and any renewal or extension thereof, shall keep the structural parts include the foundations, bearing supports and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions walls of the systems lying outside building, including windows, doors, and passageways from the premises. c. lobby, street, and parking area leading to the Leased Property, and the adjacent parking lot, sidewalks and entrance lobby, in good order and repair. The Landlord shall have all snow use due diligence in making such repairs and ice removed from the sidewalks leading to the premises make them as soon as practicablereasonably possible after receiving notice of the necessity for repair. (c) The Landlord shall exercise in good faith effort in notifying the Tenant with at least one week’s advance notice when repair or maintenance activity will obstruct the T enant’s use of the Leased Property and adjacent parking lot, sidewalks, and see entrance lobby. Tenant understands that snow from in some instances advanced notification by Landlord may not be possible. (d) The Landlord shall be responsible for removing snow, ice, rubbish, and other obstructions on the sidewalk and parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. (e) The Landlord shall maintain the common areas, parking areas, hallways and stairs repair all plumbing and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed)toilet fixtures, and will require equipment installed for the approval general supply of hot and cold water, heat, air conditioning, and electricity. When the Landlord. Any improvements or modifications performed byplumbing and toilet fixtures, or on behalf ofand equipment installed for the general supply of hot and cold water, heat, air conditioning, and electricity must be replaced, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termLandlord shall pay for such replacement. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCETenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs and such failure continues for more than ten (10) days after Tenant’s receipt of written notice from Landlord or such longer period of time as may be reasonable under the circumstances (except in the event of an emergency in which event no prior notice shall be required), Landlord (or Landlord’s property manager) may, but need not, make such repairs and replacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord (or Landlord’s property manager’s) for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s (or Landlord’s property manager) involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at its cost all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall maintain desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Notwithstanding the following: a. The structural parts foregoing, or anything to the contrary set forth herein, Landlord shall not enter the Premises without first giving Tenant not less than 48 hours’ prior written notice (except in the event of an emergency in which event no prior notice shall be required). Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the building California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Landlord shall at all times during the Lease Term maintain in good condition and other improvements, that are part operating order the structural portions of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systemsBuilding, including, without limitation, those portions of the systems lying outside foundation, floor slabs, ceilings, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), elevator cabs, stairs (except internal stairways installed in the premises. c. The Landlord shall have all snow Premises), escalators, public men’s and ice removed from the sidewalks leading to the premises as soon as practicablewomen’s restrooms, Building mechanical, electrical, telephone and janitorial closets, and see that snow from all Common Areas (collectively, the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed“Building Structure”), and will require the approval of base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems which were not installed by the Landlord. Any improvements or modifications performed byTenant Parties, or on behalf ofare not located in the Premises and do not exclusively service the Premises (collectively, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. “Building Systems”). Except as provided specifically set forth in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior terminationto the contrary, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is not be required to repair hereunder, or damage from the negligence or willful misconduct Building Structure and/or the Building Systems except to the extent required because of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations Tenant’s use of the Premises for other than normal and customary business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesoffice operations.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord Lessee shall, at its cost shall Xxxxxx’s expense, maintain the following: a. The structural parts Property in good order and condition during the term of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roofthis Agreement. b. The unexposed electrical, plumbing 8.10.1. Lessee shall make commercially reasonable efforts to preserve top soil during construction and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see Landowner acknowledges that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain Lessee may use any soil other than topsoil as part of the Keuka Business Park general construction process, provided that such use is on the property of Landowner. If any excess soil is available after construction on Landowner’s land, Lessee shall offer such soil to Landowner for Landowner’s use and Landowner may move such soil at Landowner’s sole cost. If Landowner does not elect to take the conclusion soil, Lessee shall be responsible for such soil’s removal, at Xxxxxx’s expense. 8.10.2. Lessee shall make commercially reasonable repair, (including replacement of damaged tile as necessary), of any tile damage that Xxxxxx’s construction or operation activities cause on The Property, and Lessee will pay crop damage for any crops damaged by flood due to broken tile attributable to Xxxxxx’s activities on the property. Underground electrical wires and cables shall be installed with a trencher, and to a depth not less than 42 inches below the surface of the lease termground. All farm drainage tile which intersects the Lessee's underground electrical wires and cable shall be identified and repaired and/or replaced if damaged by a contractor, qualified in farm drainage. Xxxxxx agrees to consult, in good faith, with Landowner regarding the repair and/or replacement of said drainage tile. Landowner shall have the right to inspect all tile repairs and connections prior to backfill, provided Landowner is immediately available to do so. If Landowner is not available, Xxxxxx’s contractor shall provide Landowner with digital photographs of the repair. Upon completion of the construction project, Lessee shall provide Landowner with i) a GPS coordinate reading of the location of such repaired or replaced tile and ii) an illustration depicting the location of all underground electrical wires and cables, on the property of Landowner, as well as the intersection of all such underground improvements with the drainage tile system on the Property. In the event that Landowners’ activities on the property subsequent to installation of the Solar Facilities shall require a physical locate as to said wires and cables, Xxxxxx agrees to do so, at no expense to Landowner, within five (5) days of receiving the locate request. b. Except as provided in paragraph 8.1 above, Tenant at its cost 8.10.3. Lessee shall maintain undertake commercially reasonable efforts to control weed outgrowth on the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of Property during the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedagreement. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Grantor will keep the following: a. The structural parts Mortgaged Property in good order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the building Mortgaged Property to be misused, abused or wasted or to deteriorate. To the extent necessary for the operation of the Mortgaged Property, Grantor will promptly replace all worn-out or obsolete fixtures or personal property covered by this Mortgage with fixtures or personal property comparable to the replaced fixtures or personal property when new. Grantor will make all renovations, modifications and alterations to the Mortgaged Property in compliance with all Applicable Laws. Notwithstanding any of the foregoing, Grantor will not, without the prior written consent of the Collateral Agent, (i) remove from the Mortgaged Property any fixtures or personal property covered by this Mortgage except those replaced by Grantor by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest (except that created by this Mortgage); (ii) make any structural alteration to the Mortgaged Property or any other improvementsalterations thereto which impair the value thereof; or (iii) make any alteration to the Mortgaged Property involving an estimated expenditure exceeding $250,000 except pursuant to plans and specifications approved in writing by the Collateral Agent; provided, however, that are part the tank construction currently underway on the Mortgaged Property with an estimated cost of approximately $16,000,000 shall be deemed approved by the Collateral Agent for purposes of this subsection (g)(iii). Upon request of the leased premises which structural parts include Collateral Agent, Grantor will within thirty (30) days after such request deliver to the foundationsCollateral Agent an inventory describing and showing the make, bearing model, serial number and exterior wallslocation of all fixtures and personal property used in the management, subflooring maintenance and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions operation of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading Mortgaged Property with a certification by Grantor that, to the premises as soon as practicablebest of its knowledge, said inventory is a true and see complete schedule of all such fixtures and personal property used in the management, maintenance and operation of the Mortgaged Property, that snow from such items specified in the parking area is properly inventory constitute all of the fixtures and reasonably removed personal property required in the management, maintenance and operation of the Mortgaged Property, and that all refuse such items are owned by Grantor free and garbage is removed from clear of any lien or security interest (except that created by this Mortgage) or otherwise permitted hereunder or under the collection areaCredit Agreement. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost (a) Tenant shall maintain the following: a. The structural parts interior of the Premises in good condition and repair except that Landlord shall provide normal janitorial service five nights per week. If Tenant does not perform necessary repairs and maintenance, Landlord may, but need not, make necessary repairs and replacements, and Tenant shall pay Landlord the cost upon demand. (b) Subject to the provisions of Article 7, Landlord shall repair and maintain the common facilities, all building systems (electrical, heating, ventilation, air conditioning and other improvementsplumbing), that are part plate glass, and the roof, exterior and structural elements of the leased premises which structural parts include the foundationsBuilding, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions shall provide normal janitorial services. Landlord shall not be responsible to make any repairs or perform any maintenance unless written notice of the systems lying outside need for such repairs or maintenance is given by Tenant. In the premises. c. The event that any repair that is Landlord's obligation is not performed by Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicablepossible but in all events within ten (10) days of written notice from Tenant, then Tenant may perform such repair at Landlord's cost and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain reimburse Tenant for such cost within thirty (30) days after receipt of a paid invoice from Tenant. Except in the common areas, parking areas, hallways and stairs and restrooms, in case of a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements fire or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except casualty as provided in paragraph 8.1 aboveArticle 13, Tenant at its cost there shall maintain be no abatement of rent and no liability of Landlord by reason of any entry to the leased premisesPremises, including all janitorial care interruption of the office and restroom facilities associated with this spaceservices or facilities, and at the expiration temporary closure of the term of this Lease Agreementcommon facilities, or prior termination, interference with Tenant's business arising from the making of any repairs or maintenance. Landlord shall not be liable for damages or otherwise in the event of any failure or interruption of any utility or service supplied to the Premises or Building by a regulated utility or municipality and no such failure shall entitle Tenant to terminate this Lease. Tenant shall surrender be entitled to a prorata abatement of rent resulting from an interruption of utility or service supplied to the leased premises Premises or Building that is within Landlord's control if and only if Tenant is unable to conduct its business in the Premises or any applicable portion thereof for a period of more than five (5) consecutive days after notice has been given to Landlord in the same condition as received, normal wear and tear, damage of such interruption; Tenant shall not be entitled to any abatement for interruption of utility or service resulting from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, exceptedforce majeure events. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost Tenant shall maintain the following: a. The structural parts premises in a clean, neat and undamaged condition and in particular, shall comply with all obligations of local building codes, maintain the building premises which he occupies in a clean and safe condition, dispose of all ashes, rubbish, garbage and all other wastes in a clean and safe manner, keep and use all plumbing, electrical, sanitary, heating, ventilating, air conditioning and other improvementsfacilities and appliances in a clean and reasonable manner so as not to disturb his neighbors nor to in anyway deface, that are damage or otherwise destroy any part of the leased premises which structural parts include the foundationssuch premises. This includes monthly replacement of air conditioning filters. On a detached single-family residence, bearing and exterior wallsTenant agrees that at Tenant's own expense, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to keep the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesyard, shrubbery and swimming pool (if any) in the same condition TENANT SHALL BE RESPONSIBLE FOR FORTY ($40.00) OF EACH AND EVERY REPAIR ITEM TO SAID PROPERTY REGARDLESS OF WHETHER THE REPAIR/REPLACEMENT WAS NORMAL WEAR AND TEAR. EXCEPTIONS ARE ROOF REPAIRS, REPAIRS NOTED ON THE MOVE-IN INSPECTION OR ITEMS SUBMITTED BY THE TENANT PER PARAGRAPH 10. HOWEVER, TENANT SHALL BE RESPONSIBLE FOR FULL COSTS FOR REPAIR AND/OR REPLACEMENT OF BROKEN GLASS, DRAIN BLOCKAGE (NOT CAUSED BY DEFECTIVE PLUMBING), AND ANY REPAIR/REPLACEMENT CAUSED BY THE TENANT’S NEGLIGENCE ON MAINTAINING THE PROPERTY PER PARAGRAPH 14. THIS SHALL INCLUDE ANY DAMAGE OR EXCESSIVE REPAIR COSTS DUE TO TENANT NOT REPLACING THE AIR CONDITIONING FILTER ON A MONTHLY BASIS. TENANT FURTHER AGREES THAT IF TENANT REFUSES TO ALLOW AN EMPLOYEE OR VENDOR OF THE AGENT TO ACCESS THE RESIDENCE WITH AGENT’S KEY, OR, IF TENANT SETS AN APPOINTMENT WITH SUCH EMPLOYEE OR A MAINTENANCE VENDOR AND DOES NOT SHOW, TENANT WILL BE CHARGED FOR EACH OCCURRENCE BASED ON THE AMOUNT CHARGED BY AGENT OR THE VENDOR.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. The structural parts entire Premises in the condition existing as of the building date of this Lease (ordinary wear and tear excepted), including without limitation the Building and other improvementsImprovements on the Premises, that are part of the leased premises which structural parts include the foundations, bearing and all roofs and exterior walls, subflooring driveways and roof. b. The unexposed parking areas, and shall make all necessary repairs to the building structure and concealed systems (including without limitation plumbing, electrical, plumbing heating and sewage systemsair conditioning) within or servicing the Premises; provided, includinghowever, that Exhibit 2.4 (continued) Landlord shall not be required to effect any repair the reasonable cost of which would exceed $50,000, in which case Tenant may immediately terminate this Lease or may effect such repair and offset against payments due to Landlord hereunder or under any other agreement its reasonable cost of effecting such repair. Landlord shall also make any modifications to the Premises required to comply with applicable legal requirements, including without limitation, those portions limitation the Americans with Disabilities Act. If any repairs required to be made by Landlord to the Premises are not completed within ten (10) days after written notice of the systems lying outside need for the premises. c. The repairs has been given by Tenant to Landlord (or, in the event of an emergency, if not made as soon as reasonably practical), then Tenant may make the needed repairs on behalf of and at the expense of Landlord. Landlord shall reimburse Tenant for the reasonable cost of the repairs within ten (10) days after written demand, accompanied by supporting invoices. If any repairs required to be made by Landlord are commenced when necessary, but cannot be completed within ten (10) days, then Landlord shall have all snow an additional reasonable period of time to complete the repairs, so long as it continues to prosecute the completion of the repairs with due diligence, and ice removed from the sidewalks leading provided it keeps Tenant fully informed as to the premises as soon as practicable, and see that snow from progress of the parking area is properly and reasonably removed and that all refuse and garbage is removed from repairs. Tenant shall keep the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, Premises in a safe, neat and clean condition at all times, and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEshall be responsible the routine maintenance and upkeep of the Improvements (including minor non-structural repairs to the interior of the Building, and the general policing of paved and landscaped areas). Tenant at its cost also shall perform be responsible for any repairs to Tenant's personal property and equipment placed on the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termPremises. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE(a) As Additional Rent, Tenant shall furnish and pay for, maintain and repair the following services: heat, ventilation and air conditioning in the Building for which the Tenant shall obtain a service contract from a reputable contractor and deliver a copy thereof to Landlord; all plumbing and electrical fixtures; water for ordinary drinking and lavatory purposes, janitorial services; security services, removal of any of Tenant’s rubbish; light bulbs and ballasts and to repair of any interior of the Building and its decorations, floor and wall coverings, ceilings, lighting fixtures or other work within the Premises, exterminate all areas of the Premises; and snow removal, parking lot and landscaping of the exterior portion of the Premises. Notwithstanding the foregoing, subject to the provisions of Article 11, since Landlord at intends to significantly renovate the Building and this is a short term Lease, the Tenant need not repair or maintain any systems or items that are not essential for its cost continued use and occupancy of the Premises (unless necessary to prevent waste to the Premises), and/or may affect a temporary repair of such systems or items provided further that for all mechanical systems and items that are less than five (5) years old, the Tenant shall maintain and repairs such systems and items in accordance with the followingmanufacturer’s standards and specifications or customary industry standards. (b) Landlord shall not be responsible for any defect in workmanship or other problem that arises with respect to the Premises or installation of the Tenant’s Work by Tenant or Tenant’s contractors. Further, Landlord shall not be responsible to the Tenant for any condition in or about the Premises or the Building that is caused by any act or neglect of the Tenant or any agent, customer, invitee or licensee of the Tenant, and where any repair is made necessary by any such act or neglect, the Tenant shall pay directly for such repair. (c) The Landlord shall be responsible for the repair of the roof, floors (but not floor coverings), structural elements and parking lot not caused by neglectful maintenance or intentional conduct of the Tenant or its employees or invitees or damaged or required to be replaced by reason of Tenant’s compliance with its environmental obligations pursuant to this Lease Agreement. Any replacements or costs of a capital nature under generally accepted accounting principles consistently applied (referred to as “Capital Replacements”), including, but not limited to: a. The (i) rentals and other related expenses incurred in leasing capital items such as air conditioning systems, elevators or other equipment that would not be considered normal maintenance, repair, management or operation expenses; (ii) alterations to and replacements of capital items such as the roof, structural parts components, sprinklers and the parking lot; or (iii) costs of equipment, tools and/or improvements not normally expensed in one year, (iv) roof and roofing, including flashing, gutters, downspouts, exxxx and the like; (v) alterations to and replacements of capital items such as the structural components (i.e. exterior and load-bearing walls), and the parking lot; (vi) mechanical and electrical services incorporated in or beneath the structure of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Building including, without limitation, those portions the HVAC system (excluding routine maintenance and repair which is the obligation of Tenant); and (vii) parking lots, driveways, sidewalks and walkways (excluding the obligation to keep same free from snow, ice and debris which are obligations of Tenant hereunder) shall be paid for by Landlord, but since this is a short term Lease and Landlord plans to substantially renovate the Premises at the end of the systems lying outside term, Landlord may elect not to repair or replace any of the premises. c. The Landlord Capital Replacements in which event Tenant may elect either to (i) pay for a temporary repair to such Capital Replacement, or (ii) terminate this Lease by giving thirty (30) days written notice of termination (or such termination notice may be effective earlier if the Premises cannot be used by Tenant for its business due to the need for such Capital Replacement), whereupon this Lease shall terminate as if such date were the Expiration Date hereunder and thereafter neither party shall have all snow and ice removed from the sidewalks leading any further obligation or liability to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made other except to the leased premise will be at extent such obligation or liability would survive the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionExpiration Date originally set forth herein, including, but not limited to, stacking those obligations and disposal liabilities of palletsTenant set forth in Article 12. Provided however, trash if the Tenant advises the Landlord in writing that such Capital Replacement is not essential for its continued use and recycling areasoccupancy, employee litter then Tenant may continue to occupy the Premises and damage need not reimburse the Landlord as provided herein. If Landlord’s election to not make such Capital Replacements will materially impair the use and enjoyment of only a portion of the Premises, the Tenant may elect to surrender such portion to the facilitiesLandlord and the Net Rent, Real Estate Taxes and other financial obligations of the Tenant and Landlord shall be equitably adjusted as if such portion of the Premises were the Surrender Space.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. A. Landlord at its cost shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at its own cost and expense, except as may be provided elsewhere herein, provide ongoing maintenance and make necessary repairs of damage to the option Building corridors, lobbies, exterior windows, structural members of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this spaceBuilding, and at equipment used to provide the expiration of services referred to in Paragraph 8., unless any such damage is caused by the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the gross negligence or willful misconduct of Tenant, its agents, customers, employees or invitees, in which event such damage shall be repaired or replaced by Landlord and Tenant will bear the cost of such repairs, except as otherwise provided herein. Tenant will promptly give Landlord written notice of any damage requiring repair by Landlord, its agents as aforesaid and Landlord shall have no obligation to make the repairs unless such written notice is received by Landlord, or employees, exceptedunless Landlord has actual knowledge of such damage. c. B. Tenant also agrees will not injure the Leased Premises or the Building, but will maintain the Leased Premises in a clean, attractive condition and in good repair, except as to maintain outdoor areas affected damage to be repaired by Landlord, as provided above. Upon termination of this Lease, Tenant will surrender and deliver up to Landlord the operations Leased Premises (subject to the provisions of Paragraph 14.B., herein) in the same condition in which they existed at the commencement of the business in an orderly fashionLease, including, but not limited to, stacking excepting only ordinary wear and disposal of pallets, trash and recycling areas, employee litter tear and damage arising from any cause not required to be repaired by Tenant. Notwithstanding the facilitiesaforementioned, any approved Fixed Leasehold Improvements shall remain upon the Leased Premises unless, at the time of Landlord consent, Landlord states in writing that such Fixed Leasehold Improvements must be removed upon Lease expiration and/or termination. C. This Paragraph 9. shall not apply in the case of damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord on the Building (as to which Paragraph 10. hereof shall apply), or damage resulting from an eminent domain taking (as to which Paragraph 21. shall apply).

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. The structural parts entire Premises in the condition existing as of the building date of this Lease (ordinary wear and tear excepted), including without limitation the Building and other improvementsImprovements on the Premises, that are part of the leased premises which structural parts include the foundations, bearing and all roofs and exterior walls, subflooring driveways and roof. b. The unexposed Exhibit 2.4 (continued) parking areas, and shall make all necessary repairs to the building structure and concealed systems (including without limitation plumbing, electrical, plumbing heating and sewage systemsair conditioning) within or servicing the Premises; provided, includinghowever, that Landlord shall not be required to effect any repair the reasonable cost of which would exceed $50,000, in which case Tenant may immediately terminate this Lease or may effect such repair and offset against payments due to Landlord hereunder or under any other agreement its reasonable cost of effecting such repair. Landlord shall also make any modifications to the Premises required to comply with applicable legal requirements, including without limitation, those portions limitation the Americans with Disabilities Act. If any repairs required to be made by Landlord to the Premises are not completed within ten (10) days after written notice of the systems lying outside need for the premises. c. The repairs has been given by Tenant to Landlord (or, in the event of an emergency, if not made as soon as reasonably practical), then Tenant may make the needed repairs on behalf of and at the expense of Landlord. Landlord shall reimburse Tenant for the reasonable cost of the repairs within ten (10) days after written demand, accompanied by supporting invoices. If any repairs required to be made by Landlord are commenced when necessary, but cannot be completed within ten (10) days, then Landlord shall have all snow an additional reasonable period of time to complete the repairs, so long as it continues to prosecute the completion of the repairs with due diligence, and ice removed from the sidewalks leading provided it keeps Tenant fully informed as to the premises as soon as practicable, and see that snow from progress of the parking area is properly and reasonably removed and that all refuse and garbage is removed from repairs. Tenant shall keep the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, Premises in a safe, neat and clean condition at all times, and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEshall be responsible the routine maintenance and upkeep of the Improvements (including minor non-structural repairs to the interior of the Building, and the general policing of paved and landscaped areas). Tenant at its cost also shall perform be responsible for any repairs to Tenant's personal property and equipment placed on the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease termPremises. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost a. MANAGER shall maintain the following: a. The structural parts provide upkeep and maintenance of the building VENUE and other improvementskeep same in good repair, order, and condition, free from any unsanitary conditions and any conditions posing a threat to health and safety except as provided herein. In furtherance of the foregoing, MANAGER shall promptly make all necessary repairs to keep the VENUE in safe, clean, and sanitary condition; provided, however, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord MANAGER shall have all snow and ice removed from the sidewalks leading not be required to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restroomsremove or otherwise remedy, in a safeaccordance with Applicable Law, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be any hazardous materials or substances existing at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of VENUE during the term of this Lease Agreement, nor shall MANAGER be required to perform any environmental monitoring or prior termination, Tenant take any other remediation actions necessary to comply with the terms of the Brownsfield Agreement (and any successor to the Brownsfield Agreement). MANAGER shall surrender be responsible for providing an adequate number of trash recepticles and ensuring that all waste and litter generated at the leased premises to Landlord VENUE is gathered and disposed of in the same condition as receivedappropriate container(s). b. MANAGER shall not be obligated to, normal wear and tearshall not, damage from the elementswithout CITY’s written consent (which consent shall not be unreasonably withheld, fire or other casualty, damage Landlord is required to repair hereunderconditioned, or damage from delayed), perform any work that would constitute a capital improvement according to GAAP. The MANAGER shall perform regular inspections of the negligence building envelopes, building operation systems, and grounds and shall promptly notify the CITY of the need for any work that would constitute a capital repair, replacement, or willful misconduct improvement. For the term of Landlordthis Agreement, its agents the MANAGER shall maintain reasonable records of both the regular inspections of building envelopes, operating systems, and grounds as well as the routine and ordinary maintenance it performs and provide those records to the CITY upon termination of this Agreement or employees, exceptedwhen reasonably requested. c. Tenant also agrees Annually before September 1 of each year of this Agreement, MANAGER shall submit to maintain outdoor areas affected the CITY a five (5) year capital improvements program for the VENUE setting forth recommendations for physical improvements and the financing thereof. Such recommendations shall be considered by the operations City Manager in preparing a capital improvements budget for submission to City Council. This obligation shall begin on the first day of September following the business Postdevelopment Commencement Date. d. MANAGER shall be responsible for maintaining pedestrian areas and the fields, including fertilizing, mowing, irrigation, lining and marking. MANAGER shall also be responsible for fence and equipment maintenance, wayfinding and informational sign maintenance. Field maintenance shall be performed at least to the minimum standards contained in an orderly fashion“Exhibit A,” attached hereto and incorporated herein by this reference. Failure to perform routine and ordinary maintenance in accordance with this Agreement shall result in MANAGER being held financially responsible for the repair or replacement of sod or turf or any damages to the extent caused by MANAGER’s failure to perform such routine and ordinary maintenance. Failure to perform routine and ordinary maintenance may also result in the termination of this Agreement. e. CITY shall be responsible for maintaining structures and attached building operation systems, including, including but not limited toto walls, stacking roof, plumbing, electrical, and climate control, and maintaining the access roads, interior roads, parking and pedestrian areas. CITY shall be responsible for all environmental monitoring or other remediation actions necessary to comply with the Brownsfield Agreement and any successor thereto. CITY shall be responsible for all work that would constitute a capital repair, replacement, or improvement according to GAAP unless MANAGER agrees, in its sole discretion, to be responsible for such costs, and such capital repair, replacement, or improvement is consented to by CITY in writing (which consent shall not be unreasonably withheld, conditioned or delayed). CITY shall be solely responsible for janitorial services at the VENUE, to include cleaning and removing garbage from restrooms. CITY shall also be responsible for final collection and disposal of palletsthe waste and litter once it has been gathered and disposed of in appropriate containers by MANAGER as provided in Section 6.a. f. In the event MANAGER requires occasional use of specialized equipment owned by the CITY to maintain and repair the VENUE, trash and recycling areasthe CITY will consider lending such equipment to MANAGER, employee litter and damage on such terms as the CITY deems appropriate. g. The obligations set forth in this Section (6) shall commence upon the conveyance of the PROPERTY to the facilitiesCITY, it being understood that, prior to the Completion Date, MANAGER’s repair and maintenance responsibilities shall be only with respect to the DEVELOPED PORTION of the PROPERTY, and, following the Completion Date, the entire PROPERTY.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain the following: a. (1) The structural parts of the building and other improvements, Tenant covenants that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of during the term of this Lease Agreementand any renewal thereof, the Tenant shall keep the Leased Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Tenant shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Landlord’s, or prior terminationits agent’s, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear contractor’s and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the employee’s negligence or willful misconduct of Landlordintentional actions, its agents at no time is the Landlord responsible for any repairs or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesHangar or the Leased Premises. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Leased Premises including the Hangar to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; and, (d) if the Tenant refuses or neglects to keep the Leased Premises including the Hangar in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Leased Premises and Hangar, including by its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and repairs. If the Landlord makes such repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state of good repair and subject to the conditions contained in this Article 9(3). The Tenant may remove the Hangar provided the Tenant places the Leased Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal fees. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Leased Premises including the Hangar from any cause. (5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage, including damage to property or personal injury, as a result of the Tenant’s use of the Leased Premises, Airport or Property and the Tenant hereby waives any cause of action in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges that it shall not institute any claim or make any demand against the Landlord, or anyone that may claim indemnity from the Landlord, for any personal injury or damage to property, including aircraft, as a result of the Tenant’s use (including storage) of the Hangar, Airport or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other Tenant and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Tenant or its agents, customers, employees, contractors or invitees.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEThe Tenant covenants that during the Term of this Lease the Tenant shall keep in good condition the Premises including any leasehold improvements permitted, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent Landlord. The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Premises to examine the condition thereof and view the state of repair at its cost shall maintain the following: a. The structural parts reasonable times: and if upon such examination repairs are found to be necessary, written notice of the building and other improvements, that are part repairs required shall be given to the Tenant by or on behalf of the leased premises which structural parts include Landlord and the foundationsTenant shall make the necessary repairs within the time specified in the notice; and if the Tenant refuses or neglects to keep the Premises in good repair the Landlord may, bearing but shall not be obliged to, make the necessary repairs, and exterior wallsshall be permitted to enter the Premises, subflooring by itself or its servants or agents, for the purpose of effecting repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and roof. b. The unexposed electrical, plumbing repairs; and sewage systems, including, without limitation, those portions if the Landlord makes repairs the Tenant shall pay the cost of them immediately as Additional Rent. Upon the expiry of the systems lying outside Term or other termination of this Lease the premises. c. Tenant agrees peaceably to surrender the Premises to the Landlord in a state of good repair including any and all leasehold improvements and repair any damage caused by the , and leave the Premises in a clean and broom swept condition. The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Premises. The Tenant shall be responsible to keep the Washroom clean and tidy. The Landlord shall have all snow conduct routine cleaning of the washroom facilities between the hours of 8:30 am and ice removed from 4:30pm Monday through Friday. The Tenant shall keep maintain and clean the sidewalks leading washroom at every other time. The Tenant shall give to the premises as soon as practicableLessor prompt written notice of any accident or any defect in the water pipes, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areasgas pipes, parking areasheating apparatus, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements telephone or modifications performed byelectric light, or on behalf of, the Tenant will, at the option of the Landlord, remain as other wires in any part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.said building. RESPONSIBILITIES OF THE LANDLORD

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Grantor will keep the following: a. The structural parts of the building Property reasonably ---------------------- in good order, repair, operating condition and other improvementsappearance, that are part of the leased premises which structural parts include the foundationscausing all reasonably necessary repairs and replacements, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading promptly to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed)made, and will require the approval not allow any of the Landlord. Any improvements Property to be misused, abused or modifications performed by, wasted or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as receiveddeteriorate, normal wear and tear, damage from tear and casualty excepted. Grantor promptly will replace all worn-out or obsolete fixtures or personal property covered by this Deed of Trust that are reasonably necessary in the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations operation of the business in an orderly fashionProperty with fixtures or personal property comparable to the replaced fixtures or personal property, includingand will repaint the Property when reasonably needed. Notwithstanding the foregoing, Grantor will not, without the prior written consent of the Administrative Agent do or permit to be done anything to the Property that materially may impair its value, including but not limited toto (i) removing from the Property any fixtures or personal property covered by this Deed of Trust (but not including any personal property in which Grantor is the lessee thereof) which are necessary or desirable in the operation of the Property, stacking except such as is replaced by Grantor by an article of equal suitability and disposal value, owned by Grantor, free and clear of palletsany lien or security interest (except that (i) created by this Deed of Trust or any other Loan Document, trash and recycling areas, employee litter and damage (ii) otherwise permitted in the Loan Documents or (iii) in respect of capitalized leases) or such as is permitted to be removed by a tenant pursuant to such tenant's lease or (ii) making any structural or other alteration to the facilitiesProperty that materially impairs the value thereof. Nothing contained herein will prevent tenants of the Property from making alterations and improvements expressly permitted under their leases of any part of the Mortgaged Property. Upon request of the Administrative Agent, Grantor will deliver to the Administrative Agent an inventory describing and showing the make, model, serial number and location of all fixtures and personal property used in the management, maintenance and operation of the Property, with a certification by Grantor that said inventory is a true and complete schedule of all such fixtures and personal property used in the management, maintenance and operation of the Property, that such items specified in the inventory constitute all of the fixtures and personal property required in the management, maintenance and operation of the Property, and that all such items are owned by Grantor free and clear of any lien or security interest (except the Permitted Encumbrances).

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEAny damage to the existing property caused by or during the departure of existing tenants shall be repaired by Lessor. Landlord All mechanical, electrical, heating, plumbing, sprinkling and utility systems shall be in good working order and comply with applicable codes, or promptly brought to compliance at Lessor's expense. Lessor shall at its cost shall maintain own expense provide routine repair and maintenance of the followingstructural components of the improvements, including but not limited to the foundation of each, the building exterior, roof, air conditioning system, sprinkling system, plumbing, electrical, heating and other mechanical systems, except: a. The structural parts those items which are assigned to Lessee as shown in the maintenance chart dated 12/28/94, attached hereto as Exhibit "F"; and b. Lessee shall repair at its own expense all injuries or deteriorations to the premises occasioned by Lessee's want of ordinary care or greater degree of culpability; and c. those repair or maintenance obligations otherwise herein specifically assigned to Lessee. d. Lessee shall be responsible for the care and control of the outside walkway across Sand Creek. Lessor is specifically responsible for damage arising from, or as a result of, frozen or burst pipes, including lost profits, except to the extent such damage arises from intentional or negligent acts of Lessee. Lessee shall at its own expense, and in addition to the payments required by Section Three hereof, repair and maintain the interior of the building, including walls, floors, ceilings, and lighting of the original building and of all alterations and renovations thereof made by Lessee, including formerly "common areas," except: a. those items which are assigned to Lessor as shown in the maintenance chart dated 12/28/94, attached hereto as Exhibit F; and x. Xxxxxx shall repair at its own expense all injuries or deteriorations to the premises occasioned by Lessor's want of ordinary care or greater degree of culpability; and c. those repair or maintenance obligations otherwise herein specifically assigned to Lessor. SREDP/CWC LEASE - 9 Lessee shall keep the premises in a clean condition and businesslike appearance, and shall use all reasonable precautions to prevent waste, damage, or injury to the demised premises. Lessee shall maintain in a clean condition and businesslike appearance the exterior walkways and parking areas included in the demise. Lessee and Lessor shall comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee or the possessory interest therein of Lessor. At termination of this lease, the air conditioning, structural remodeling, and other improvements, that improvements and renovations which are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicablebuilding, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and readily removable without substantial damage to the facilitiesproperty, shall be fully the property of Lessor. Trade fixtures, fixtures and improvements readily removable shall remain the property of Lessee. Lessee is not obligated at termination to restore the property to its original condition or floorplan.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCEA. Landlord's Obligations. Landlord at its cost shall maintain keep in good order, ---------------------- condition and repair (i) the following: a. The structural parts of the building and other improvementsBuilding, that are part of the leased premises which structural parts include only the foundations, bearing foundation and subflooring of the Building and the structural condition of the roof and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior wallsand interior of all windows, subflooring doors, ceiling and roof. b. The unexposed electricalplate glass which shall be maintained and repaired by Tenant), plumbing (ii) the roof membrane, and sewage systems, including, without limitation, those portions (iii) the common areas of the systems lying outside Project. The costs incurred by Landlord to perform the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading foregoing obligations to the premises extent they are deemed "Operating Costs" (as soon as practicabledefined in Section 2.C) shall be passed through to Tenant and any other tenants in the Project, and see except that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made any damage to the leased premise will be at the expense any of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from foregoing caused by the negligence or willful misconduct acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Tenant or Tenant's agents, employees or contractors during the performance of any Work shall be repaired by Landlord, its agents solely at Tenant's expense, or employeesat Landlord's election, excepted. c. such repairs shall be made by Tenant, at Tenant's expense, with contractors approved by Landlord. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant also agrees to maintain outdoor areas affected by the operations shall have notified Landlord of the need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease. Notwithstanding the foregoing, in the event Tenant notifies Landlord in writing of an item needing immediate repair and there is no dispute concerning the need for such repair, the scope of the repair or that Landlord is the party responsible for such repair, then (A) in the event of an emergency repair (e.g., roof leakage or other repairs which adversely and materially affect Tenant's ability to conduct its normal business operations within the Premises), Landlord shall commence and complete such repair within the five (5) day period following Landlord's receipt of Tenant's repair notice, unless the nature of the repair is such that more than five (5) days is required to complete such repair in an orderly fashionwhich case Landlord shall commence the repair within such five (5) day period and thereafter diligently prosecute the same to completion, includingor (b) in the event of any other type of repair, Landlord shall commence and complete such repair within the thirty (30) day period following Landlord's receipt of Tenant's repair notice, unless the nature of the repair is such that more than thirty (30) days is required to complete such repair in which case Landlord shall commence the repair within such thirty (30) day period and thereafter diligently prosecute the same to completion. In the event Landlord fails to dispute or commence the repair within such thirty (30) day period, then Tenant shall have the right, but not limited tothe obligation, stacking to cause the repair of such item and disposal to submit an invoice to Landlord for the reasonable out-of-pocket costs incurred by Tenant for the same (including reasonable supporting documentation for the same), and Landlord shall pay such amount to Tenant within thirty (30) days of pallets, trash receipt of Tenant's invoice and recycling areas, employee litter and damage to the facilitiesrelated documentation for such work.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall maintain keep the following: a. The Premises including without limitation all fixtures and equipment now or hereafter on the Premises, or exclusively serving the Premises, but excluding the exterior and structural parts elements of the building Building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing Common Areas and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the Building systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading up to the premises Utility Switching Points, in good order, condition and repair and at least as soon good order, condition and repair as practicablethey are in on the Lease Commencement Date or may be put in during the Term, reasonable wear and see that snow from the parking area is properly tear and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, damage by casualty only excepted; to keep in a safe, clean secure and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEsanitary condition all trash and rubbish temporarily stored at the Premises; and to make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. Tenant Landlord, at its Tenant’s sole cost and expense, shall perform be responsible for heating and air-conditioning systems serving the following: a. Any construction, modification and/or improvements made Premises to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as extent that such systems are not a part of the Keuka Business Park base Building systems, and Landlord may enter into commercially reasonable contracts with appropriate and reputable third-party service companies providing for the provision of such services. Tenant shall hire its own cleaning contractor for the Premises. If anything required pursuant to this Section 10.04(a) to be repaired cannot be fully repaired or restored, Tenant upon prior notice to Landlord (or Landlord, if applicable) shall replace it at Tenant’s cost, even if the benefit or useful life of such replacement extends beyond the Term provided, however, that (i) the replacement has been approved in advance and in writing by Landlord, and (ii) the property subject to replacement will become the property of Landlord pursuant to the terms of this Lease at the conclusion of the lease term. b. Except as provided in paragraph 8.1 aboveTerm, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at then within ninety (90) days after the expiration of the term Term, Landlord shall reimburse Tenant for the unamortized portion of this Lease Agreementthe capital replacement calculated as follows. Upon receipt of notice from Tenant of the need for such capital replacement, or prior termination, Landlord and Tenant shall surrender cooperate to determine the leased premises estimated cost of such replacement The actual cost of the replacement, as documented by Tenant (or Landlord, if applicable) and subject to Landlord’s approval (which shall not be unreasonably withheld), shall be amortized over the useful life of such replacement as reasonably determined by Landlord on a straight-line basis together with interest at the Prime interest rate from time to time announced by Fleet National Bank (or any successor financial institution). Tenant shall transfer to Landlord all of its rights and interests in any warranties related to said replacement at the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations conclusion of the business in an orderly fashion, includingTerm. Tenant acknowledges that Landlord has the right, but not limited tothe obligation, stacking to reduce the amount payable at the conclusion of the Term to Tenant pursuant to this paragraph by any amounts of Rent then due and disposal of pallets, trash and recycling areas, employee litter and damage payable to the facilitiesLandlord.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCETENANT acknowledges that TENANT has inspected the Premises and accepts the condition AS IS with no warranties or promises express or implied. Landlord at its cost TENANT shall maintain the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, Premises in a safegood, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCEtenable condition throughout the tenancy; keep all plumbing fixtures in good repair, use electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean sanitary manner. Tenant LANDLORD will make necessary repairs to Premises with reasonable promptness after receipt of written notice from TENANT to LANDLORD or its agent for major deficiencies which create unsafe or untenable conditions. Major repairs shall include plumbing leaks, heating/cooling systems failure, provided and built in appliance failure or major structural defects. TENANT shall make or cause to be made at its cost TENANT's expense all other minor repairs such as locks and keys, screen damage, broken windows, smoke alarm batteries, loose screws, bulb/fuse replacement and any garbage disposal (if provided) condition caused from misuse of the disposal. TENANT shall perform be fully responsible for, and agrees to maintain and repair at TENANT's expense, the following: a. Any construction: If any damage, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, beyond normal wear and tear, damage is caused by TENANT or guests, TENANT to pay vendor at time of repair or pay LANDLORD the costs of repair with the next rental payment as additional rent. TENANT must use vendors approved by LANDLORD or its agent. TENANT may not remodel or structurally change the Premises nor remove or add any fixture without written permission from LANDLORD or its agents. All service requests must be made through the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected property manager if any. Any services ordered directly by the operations TENANT without written authorization of LANDLORD will be at the TENANT's expense. TENANT is responsible for all minor repairs, $100.00 or less after accepting the property. Any repair over $100.00 is the total responsibility of the business Owner, unless caused by TENANT's negligence, in an orderly fashionwhich case would become the TENANT's total responsibility. The Tenant need to change the filter for the air conditioner every month. If tenants failed to do so, includingand it damages the air conditioner, but tenant will be charged for the repair. Owner will not limited to, stacking and be responsible for disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesminor repair.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCECity shall maintain in good repair all real property owned by City which Concessionaire Tenant may lease as the Premises. Landlord Concessionaire Tenant shall maintain in good repair all personal property owned by Concessionaire Tenant. Concessionaire Tenant covenants and agrees at its expense and without cost or expense to City during the term hereof after the occupancy of Premises to the following: Sample Document (a) Concessionaire Tenant shall maintain the following: a. The structural parts of the building in good repair and other improvementskeep in a clean, that are part of the leased premises which structural parts include the foundationsneat, bearing safe, sanitary, and exterior wallsorderly condition at all times Premises and all leasehold improvements therein, subflooring and roofwhether installed by Concessionaire Tenant or City. b. The unexposed electrical(b) Concessionaire Tenant shall be responsible for all maintenance and repair of Premises except for structural maintenance, plumbing utility line maintenance and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed byrepairs necessitated by insured occurrences, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from repairs necessitated by the negligence or willful misconduct acts of Landlordthe Department, its agents or employees, exceptedagents, and contractors which are the responsibility of Department. Structural maintenance shall include repairs and maintenance of the roof, exterior walls, foundation, and supporting members of the building, excluding doors. All maintenance shall be equal to or greater than the materials, workmanship, and appearance representative of similar areas in the Airport directly controlled by the Department. c. (c) Concessionaire Tenant also agrees shall provide or cause to maintain outdoor areas affected by be provided a complete and proper arrangement for the adequate sanitary handling and disposal, away from Airport, of all trash, garbage, and other refuse caused as a result of the operations conducted on the Premises. Concessionaire Tenant shall provide, at its sole expense, suitable covered receptacles of substantial quality and maintained in clean condition and in good repair for all such garbage, trash, and other refuse. Concessionaire Tenant shall keep Premises, at all times, free and clear of wastepaper, trash, rubbish, debris, discarded plastic, graffiti, discarded pallets, or anything unsightly or detrimental to health or likely to create a fire hazard or conducive to deterioration to remain on any part of Premises. (d) Concessionaire Xxxxxx agrees that all maintenance-type services to be performed hereunder shall be accomplished by qualified personnel, or where regulated by law, a properly licensed contractor. All repairs shall be of first class quality in both materials and workmanship, shall be equal to or better than the original materials and workmanship, and, except in emergencies requiring immediate response, must have the prior written approval of the business in an orderly fashion, including, but not limited to, stacking Department. The Department shall be the sole judge of the quality of maintenance and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesrepairs.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (1) The Tenant covenants that during the term of this Lease the Tenant shall keep in good condition the Premises including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner; but the Tenant shall not be liable to effect repairs [from Onondaga lease] to the structure, cistern, water supply system, plumbing fixtures, mechanical or electrical systems, septic system or repairs attributable to reasonable wear and tear, or to damage caused by fire, lightning or storm, or be liable for snow removal. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Premises to examine the condition thereof and view the state of repair at its cost shall maintain the following:reasonable times; and a. The structural parts (a) if upon such examination repairs are found to be necessary, written notice of the building and other improvements, that are part repairs required shall be given to the Tenant by or on behalf of the leased premises which structural parts include Landlord and the foundationsTenant shall make the necessary repairs within the time specified in the notice; and (b) if the Tenant refuses or neglects to keep the Premises in good repair, bearing the Landlord may, but shall not be obliged to, make any necessary repairs, and exterior wallsshall be permitted to enter the Premises, subflooring by the Landlord’s servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and roofrepairs, and, if the Landlord makes repairs, the Tenant shall pay the cost thereof immediately as Additional Rent. b. (3) The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Premises from any cause. (4) The Tenant shall be responsible for maintenance of the systems lying outside the premisespremises including but not limited to, grass cutting, janitorial and waste removal. c. (5) In this subsection “Landlord” means the County of Xxxxx Water Division Manager or their designate. (a) The Landlord shall have be responsible for meeting all snow the requirements of The Safe Drinking Water Act, 2002, as amended. [Xxxx, could you please provide this text for us to review?] (b) The Tenant shall notify the Landlord if the premises is used for degrees, all as defined in the Safe Drinking Water Act, 2002 and ice removed from regulations. (c) The Tenant agrees to ensure that no person other than the sidewalks leading Landlord is permitted to operate or maintain the water treatment equipment on the premises. The Tenant agrees to ensure that it is does not permit the modification or repairs to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require plumbing without the approval of the Landlord. Any improvements The Landlord agrees to allow the tenant (if the tenant so chooses) to negotiate a grey-water or modifications performed byrain-water recycling system for non-potable water uses. (d) The Tenant agrees that it will not permit the supply of potable water to the premises to be provided by anyone except the Landlord. The Landlord agrees that any water supplied will not be fluoridated or chlorinated. (e) The Tenant agrees to notify the Landlord of water system alarms, water flow or on behalf ofwater pressure issues, in accordance with the requirements that are established by the Landlord and to meet at least once annually with the Landlord to review the operation of the water system and the notification requirements. (6) [Paris Museum lease] The Landlord shall be responsible for major repairs to the electrical, heating and plumbing systems and for any structural repairs. not obligated to undertake any building repairs including but not limited to structural, electrical, heating, septic and plumbing systems, however said repairs may be undertaken by the Landlord at their sole discretion in consultation with the Tenant will, at or may be completed by the option Tenant with the permission of the Landlord, remain as part . Upon the expiry of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term Term or other termination of this Lease Agreement, or prior termination, the Tenant shall agrees peaceably to surrender the leased premises Premises, including any alterations or additions made thereto, to the Landlord in the same condition as receiveda state of good repair, normal reasonable wear and teartear and damage by fire, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, lightning and storm only excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. (a) Landlord at its cost shall maintain be responsible for the following: a. The structural parts following repair and maintenance obligations: (i) maintenance and repair of the building exterior, roof and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the Building, (ii) repairs and maintenance of the Building systems lying outside for electrical, mechanical, HVAC or plumbing and all controls appurtenant thereto, and (iii) parking areas, courtyards, sidewalks, entry ways, lawns, landscaping and other similar facilities of the premisesProject. In the event that Tenant desires to directly manage the maintenance of the mechanical and HVAC systems or the plumbing and all controls appurtenant thereto (though Tenant shall have the option to be responsible for these items, so long as Tenant complies with Landlord's reasonable requests concerning the management thereof), then Landlord agrees to not unreasonably withhold its approval so long as Tenant adequately maintains such equipment, as reasonably determined by Landlord. Tenant shall have the authority to communicate directly with Landlord's roof maintenance company. In emergency situations, Tenant shall have the authority to contact directly any venders approved by Landlord and order repairs. In the event that Xxxxxxxx fails to pursue its duties as noted above within thirty (30) days of written request from Xxxxxx, excepting structural changes, then Tenant shall have the right to contact any venders approved by Landlord and directly contract for said repairs and maintenance provided that Xxxxxx agrees to pay for the cost of said repairs and maintenance. Tenant shall have the right to request that Landlord reimburse Tenant for said costs pursuant to the provisions of Paragraph 3. In the event of disagreement between Landlord and Tenant over the matter, Tenant shall have the right to utilize the arbitration provisions of Paragraph 40. In the event that arbitration is pursued and it is determined that Landlord shall reimburse Tenant for such costs, then Tenant shall have the right to offset such costs against payments of Expenses due under the Lease. c. The (b) Tenant shall maintain and repair the interior portion of the Premises and any additional tenant improvements, alterations or additions installed by or on behalf of Tenant within the Premises, however, excluding any portions thereof which are structural in nature or which are the obligation of Landlord under Paragraph 7 (a) Tenant shall be responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Building to the Premises and throughout the Premises; though Landlord shall have all snow and ice removed from the sidewalks leading right to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, perform such work on behalf of Tenant in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCECommon Areas. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its cost shall perform right to terminate this Lease under Section 1932(1) of the following: a. Any constructionCalifornia Civil Code or under any similar law, modification and/or improvements statute or ordinance now or hereafter in effect. If Xxxxxx fails after thirty (30) days' written notice by Landlord to proceed with due diligence to make repairs required to be made to by Tenant, the leased premise will same may be made by Landlord at the expense of Tenant and the expenses thereof incurred by Landlord shall be reimbursed immediately as Additional Rent within thirty (30) days after submission of a bill or statement therefor. (c) The purpose of Paragraph 7(a) and 7(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs therefor are covered under this Paragraph 7(c) and Paragraph 3. Tenant shall bear the full cost of repairs or maintenance interior or exterior, structural or otherwise, to preserve the Premises and the Building in good working order and condition, arising out of (unless i) the performance or existence of any alteration or modification to the Premises made by Tenant; (ii) the installation, use or operation of Tenant's property or fixtures; (iii) the moving of Tenant's property or fixtures in or out of the Building or in and about the Premises; or (iv) except to the extent any claims arising from any of the foregoing are reimbursed by insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise agreed)provided for in Paragraph 20, the acts, omissions or negligence of Tenant, or any of its servants, employees, contractors, agents, visitors, or licensees, or the particular use or particular occupancy or manner of use or occupancy of the Premises by Tenant or any such person. (d) Except to the extent any claims arising from any of the foregoing are reimbursed by insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, there shall be no abatement of Rent with respect to, and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the except for Xxxxxxxx's active negligence or willful misconduct misconduct, Landlord shall not be liable for any injury to or interference with Xxxxxx's business arising from, any repairs, maintenance, alteration or improvement in or to any portion of Landlordthe Building, its agents including the Premises, or employeesin or to the fixtures, exceptedappurtenances and equipment therein. c. (e) When feasible, Landlord will give Tenant also reasonable prior notice of its intent to construct capital improvements in excess of $30,000 per year and Tenant shall have the right to contest such capital improvements so long as Tenant agrees to maintain outdoor areas affected by the operations indemnify and defend Landlord from costs and other liabilities arising out of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesimmediately pursuing such capital improvements.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE9.1. Tenant understands and agrees that Landlord’s maintenance, repair and replacement obligations which are paid by Landlord and not reimbursed by Tenant, through Operating Expenses or otherwise, are limited to those set forth in this Section 9.1, Landlord at its own cost and expense, shall be responsible only for (a) replacement of the roof and roof membrane and the structural components of the roof and (b) repair and replacement of only the foundation of the Building, and the structural members of the exterior walls of the Building. Landlord’s obligations under clauses (a) and (b) shall not include windows, glass or plate glass, doors, special store fronts or office entries. Landlord’s liability with respect to any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of such repairs or maintenance or the curing of such defect. Subject to the provisions of Section 4 of this Lease, Landlord shall further maintain the following:Common Areas and the Parking Areas (defined in Exhibit “H”). Tenant shall give immediate written notice to Landlord of the need for maintenance, repairs or corrections, but the failure of Tenant to provide any such notice shall not constitute a waiver of any rights or remedies available to Tenant hereunder except as to any matter for which Tenant does not give Landlord written notice within sixty (60) days after Tenant has notice thereof. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises except as expressly set forth in this Section 9.1. In addition to the provisions of Section 4 above, it is expressly understood that Tenant shall pay for any damage to the roof, foundation or to the structural soundness of the Building that is caused by the act of Tenant, or of Tenant’s employees, agents or invitees or that is caused by and Event of Default. a. The structural 9.2. Tenant shall, at its own risk and expense, maintain all other parts of the building Premises in good repair and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant condition (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashionnecessary replacements), including, but not limited to, stacking all fixtures installed by Tenant, walls, carpeting and disposal other floor covering, plumbing which is located in and serves the Premises, windows, window glass (excluding window frames), plate glass, doors (excluding door frames), heating, ventilation and air conditioning systems (the “HVAC Systems”), fire protection sprinkler system, downspouts, and other electrical, mechanical, and electromotive installation, equipment, and fixtures located in, under or above the Premises and which exclusively serve the Premises, any trash removal equipment, any utility repairs in the Premises related to use of palletssuch utilities in the Premises in ducts conduits, pipes and wiring located in, under or above the Premises, and any sewer stoppage located in, under, and above the Premises and caused exclusively by the use of the Premises. Tenant shall take good care of all leasehold improvements and fixtures, and suffer no physical waste. Tenant shall be responsible for all pest control and extermination within the Premises. Should Tenant neglect to keep and maintain the Premises, then Landlord shall have the right, but not the obligation, to have the work done and any costs reasonably incurred in connection therewith shall be charged to Tenant as Additional Rental and shall become payable by Tenant with the payment of the Rent next due. At the termination of this Lease, Tenant shall deliver the Premises “broom clean” in the same good order and condition as existed at the Commencement Date ordinary wear and tear (and condemnation and fire or other casualty damage, as to which Sections 17 and 19 shall control) excepted. Throughout the Term of the Lease, Tenant shall contract with a qualified and properly insured contractor to service and maintain the HVAC Systems on a regularly scheduled basis, but not less than once every three months, Such service shall include, but not be limited to, cleaning of the coil and condenser units on each unit; checking the electrical connections, the oil and refrigerant for leaks, the safety device, the blower belt for wear, tension and alignment, the expansion valve, coil temperature, and condensate drain; and maintaining the lubrication and addition of coolants. Tenant shall secure, at its sole cost and expense, and shall provide Landlord with a copy of the service contract, providing for the maintenance as described in above, within 60 days following the Commencement Date of this Lease, and thereafter, Tenant shall renew such service contract to Landlord prior to expiration of the then existing service contract. 9.3. Tenant agrees it shall not locate or install or cause to be located or installed any improvements in the Common Areas, including any bike racks, newspaper holder stands, vending machines of any kind, mailboxes, telephone booths, mobile homes, fences, or any other device of a similar nature which would impede or obstruct the Common Areas. Notwithstanding the foregoing, Tenant shall have the right to locate a trash compactor and/or baler in a location that is mutually agreeable to Landlord and Tenant for the handling of trash and recycling areasother refuse. Tenant will not place any trash or other refuse in the Common Areas, employee litter except in those portions of the Common Area designated for use by tenants of the Building for trash or refuse collection, and damage if Tenant does place trash or other refuse in the Common Areas, Landlord may clean up for Tenant at Tenant’s cost and without notice to the facilitiesTenant.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Tenant acknowledges that Landlord at its cost shall maintain the following: a. The structural parts of manage the building and other improvementsproperty generally with respect to building maintenance, that are part repair issues and shall have sole authority in this regard, with such authority to be exercised in Landlord's reasonable discretion. At its expense, Tenant shall keep the interior of the leased premises which structural parts to include the foundationscommon areas and Tenant's assigned space as set forth in Exhibit A in good condition and repair, bearing including by way of example, but not limitation, windows, doors, and exterior wallsopeners, subflooring and roof. b. The unexposed interior wall surfaces. Tenant shall not be responsible for the condition of those spaces not included under this Agreement. Landlord shall pay the cost to maintain and repair its leased space's common mechanical systems, including but not limited to, HVAC, plumbing, electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain lighting located upon the leased premises, including after all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term of this Lease Agreement, or prior termination, manufacturer warranties have been exhausted. Tenant shall surrender be responsible and pay for any damages to the interior or exterior of the leased premises to Landlord include the common areas and Tenant's assigned spaces as set forth in Exhibit A caused by Tenant, its employees, agents, and business invitees. Damages to the same condition as receivedcommon areas shall be the shared responsibility of all tenants utilizing the common areas and shall be paid for on a prorata basis unless one tenant is responsible, then the common area damage, beyond normal wear and tear, is the responsibility of the responsible tenant. Landlord shall repair all structural defects and exterior damages to the leased premises and shall keep the foundation, exterior walls and roof in good order and repair. Landlord shall also be responsible for scheduling maintenance of common unit HVAC. However, in the event of window or door breakage caused by Tenant, its employees, agents, or business invitees whether by tenant abuse or misuse, Tenant shall repair the damages. If any damage is covered by insurance, the proceeds from the elements, fire or other casualty, damage insurance shall be used to make the repairs. It is the Landlord's responsibility to contract for snow removal in the winter. The Landlord is required to repair hereunderremove snow on the parking lots and sidewalks when snow accumulations equal or exceed 1". Since snow fall is random and often frequent, and snow removal contractors typically have many accounts, the Landlord does not guarantee in any way the parking lots or damage walkways will be cleared of snow immediately after any snow fall but every effort will be made by the Landlord to have snow accumulated from the negligence close of the prior day be cleared prior to 8:00 AM. It is however recommended that the Tenant have a hand snow shovel and at times be willing and able to clear its own walkway in from of its unit's door, should the need arise. The snow removal will include the parking lot located to the north of the building, the south sidewalk, and the north and south entrances to the building. Also, the use of any snow removal chemical or willful misconduct of Landlord, its agents salt substance such as “ice melt" or employees, excepted. c. other snow or ice melting products on the sidewalks may be provided to the Tenant also agrees to maintain outdoor areas affected and will be used by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilitiesLandlord.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost shall maintain Except as otherwise provided in ---------------------- Article VI, to keep the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, Premises including, without limitation, those portions of all improvements thereon and all heating, plumbing, hot water, ventilating, electrical, air-conditioning, security, alarm, mechanical and other fixtures and equipment now or hereafter on the systems lying outside Premises in good order, condition and repair and in at least as good order, condition and repair as they are in on the premises. c. The Commencement Date; and to make all ordinary repairs and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. To the extent that Tenant is responsible for repair and maintenance pursuant to this Paragraph, Landlord shall have all snow cooperate with Tenant and ice removed from provide to Tenant the sidewalks leading to benefit of any warranties benefitting Landlord. It is expressly understood and agreed that, except as set forth in the premises as soon as practicablenext paragraph, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will not be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of obligated during the term of this Lease Agreementto make any repairs or alterations to the Premises. Landlord shall be responsible for necessary repairs and maintenance to the roof, or prior terminationstructure and exterior of the Building and to maintain in good condition all lawns and planted areas adjacent to the Premises and to keep in good repair and clean and neat and free of snow and ice all surfaced roadways, Tenant walks and parking and loading areas adjacent to the Premises, the costs of such repairs, maintenance and work shall surrender the leased premises to Landlord be included in the same condition as receivedShared Operating Costs. Additionally, normal wear Landlord shall be responsible (i) for all capital replacements to the roof, structure and tear, damage from exterior of the elements, fire or other casualty, damage Landlord is required Building except to repair hereunder, or damage from the extent necessitated by Tenant's negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations violation of the business terms of this Lease, and (ii), provided that Tenant has complied with its obligations set forth in an orderly fashionthe first paragraph of this Section, includingall capital replacements of the heating, but not limited toplumbing, stacking hot water, ventilating, electrical, air conditioning, security, alarm, elevator, mechanical and disposal of pallets, trash other fixtures and recycling areas, employee litter and damage to equipment now in the facilitiesPremises or placed therein in connection with Landlord's Work.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. Landlord at its cost 7.1 The Tenants shall maintain be solely responsible during the following: a. The structural parts of the building and other improvements, that are part of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreed), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term currency of this Lease Agreementfor the maintenance and repair of the Leased Subjects including the Substation excluding therefrom any drainage facilities including pipes, or prior terminationmanholes, Tenant shall surrender tanks and outfall forming part of same, the Borehole, septic tank and treatment systems within the Leased Subjects; [confirmation from TOCA required] 7.2 [Without prejudice to the foregoing following the expiry of the Windfarm Lease but during the currency of this Lease the Tenants will be responsible for the maintenance and repair of any item within the Shared Area which previously served both the Leased Subjects and the subjects leased premises by the Windfarm Lease except to Landlord in the extent that the same have been decommissioned in accordance with the Windfarm Lease.] 7.3 Without prejudice to the foregoing, following the expiry of the Windfarm Lease but during the currency of this Lease the Tenants shall be obliged to clean, clear, maintain repair and where necessary renew the drains and soakaways serving inter alia the Leased Subjects to put and keep them in a usable condition as received, normal wear and tear, damage from sufficient for the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from proper drainage of the negligence or willful misconduct of Landlord, its agents or employees, exceptedLeased Subjects. c. Tenant also agrees 7.4 The Tenants shall be obliged to erect a [2.4m] high palisade security fence of a design and position approved in advance by the Landlords surrounding the Leased Subjects and the Tenants shall thereafter be obliged to maintain outdoor areas affected by and repair the operations said fence [(under exception of the business section of fence between the points marked [ ])] in an orderly fashion, including, but not limited to, stacking good and disposal secure condition throughout the Term of pallets, trash and recycling areas, employee litter and damage the Lease to the facilitiessatisfaction of the Landlords acting reasonably. 7.5 During the currency of the Windfarm Lease the Landlords shall be obliged to clean, clear, maintain, repair, replace and where necessary renew as is reasonably appropriate having regard to the nature of the item in question (a) the embankment surrounding the Substation; (b) the drainage pipe surrounding the embankment and shown [ ]; (c) the Borehole [within the Shared Areas] (d) any drainage facilities (whether surface water or related to the septic tank) including pipes, manholes, tanks and outfalls forming part of same and all associated equipment in so far as serving the Leased Subjects [and (e) the Shared Areas] and that whether located within or outwith the Leased Subjects which (a), (b), (c) (d) and (e) shall be sufficient for the proper use of the Leased Subjects. 7.6 Following the expiry of the Windfarm Lease the obligations contained in Clause 7.5 shall transfer to the Tenants.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCE. B3.1 The Tenant will promptly notify the Landlord at its cost shall maintain the following: a. The structural parts after becoming aware of the building and other improvements, need for any repair or maintenance that are part of it is the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roofLandlord’s responsibility to carry out. b. The unexposed electricalB3.2 If agreed in writing with the Landlord, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside Tenant shall carry out the premisesrequired repair and/or maintenance on the Landlord's behalf. c. B3.3 The Tenant may carry out the required repair and/or maintenance on the Landlord’s behalf if the Landlord does not meet the timescales specified in clause A2.8, but shall have all snow and ice removed from the sidewalks leading not be under any obligation to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection areado so. d. The B3.4 If the Tenant carries out repairs and/or maintenance on the Landlord’s behalf pursuant to clause B3.2 or B3.3, the Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made agrees to the leased premise will be at the expense of pay the Tenant (unless otherwise agreedor allow the Tenant to deduct from the Rent): (a) the cost of repair and/or maintenance (as evidenced by the contractor’s invoice), and will require the approval ; and (b) an amount equal to 10% of the Landlord. Any improvements or modifications performed by, or on behalf ofcost of the repair and/or maintenance; PROVIDED THAT where the contractor delays in submitting its invoice, the Tenant willmay withhold a provisional sum from the Rent until the contractor’s invoice has been received. B3.5 Subject to clause A2.8, the Tenant will keep the inside of the Property in as good condition as it was in at the option start of the Tenancy Period but provided the Tenant complies with clause B5 the Tenant will not be responsible for fair wear and tear caused by normal use or for damage by risks that should be insured against under clause A4 or for anything that it is the Landlord, remain as part ’s responsibility to maintain or repair. B3.6 The Tenant will pay for or replace: (a) window glass broken by the Tenant or the occupiers during the Tenancy Period; (b) any Contents which are damaged destroyed or lost during the Tenancy Period; and (c) components of electrical heating or other appliances which become defective due to misuse during the Tenancy Period; but provided the Tenant complies with clause B5 the Tenant will not be responsible for fair wear and tear caused by normal use or for damage by risks that should be insured against under clause A4 or for anything that it is the Landlord’s responsibility to maintain or repair. B3.7 The Tenant shall not be liable to pay for or replace anything claimed by the Landlord more than one month after the end of the Keuka Business Park at the conclusion of the lease termtenancy. b. Except B3.8 The Tenant’s liability under this clause B3 is limited as provided set out in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this space, and at the expiration of the term section D of this Lease Agreement, or prior termination, Tenant shall surrender the leased premises to Landlord in the same condition as received, normal wear and tear, damage from the elements, fire or other casualty, damage Landlord is required to repair hereunder, or damage from the negligence or willful misconduct of Landlord, its agents or employees, excepted. c. Tenant also agrees to maintain outdoor areas affected by the operations of the business in an orderly fashion, including, but not limited to, stacking and disposal of pallets, trash and recycling areas, employee litter and damage to the facilities.

Repair and Maintenance. 8.1 LANDLORD’S REPAIR AND MAINTENANCESUBTENANT shall have the right to construct, operate, and maintain on the Leased Premises any and all improvements deemed necessary or convenient in connection with the Permitted Use, and shall have the further right at any time to remove any improvements, buildings or other structures of like nature. Landlord Facilities, such as protective fencing and gates permanently installed, electrical wiring and air-flow baffle walls are to be left in place at the termination of this Sublease or removed by SUBTENANT at its expense, at SUBLANDLORD’s option. SUBTENANT agrees that, at its sole cost and expense, it shall keep and maintain the following: a. The structural parts surface area of the building and other improvements, that are part Leased Premises (located adjacent to the entrance of the leased premises which structural parts include the foundations, bearing and exterior walls, subflooring and roof. b. The unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the premises. c. The Landlord shall have all snow and ice removed from the sidewalks leading to the premises as soon as practicable, and see that snow from the parking area is properly and reasonably removed and that all refuse and garbage is removed from the collection area. d. The Landlord shall maintain the common areas, parking areas, hallways and stairs and restrooms, in a safe, clean and orderly condition. 8.2 T’ENANT’S REPAIRS AND MAINTENANCE. Tenant at its cost shall perform the following: a. Any construction, modification and/or improvements made to the leased premise will be at the expense of the Tenant (unless otherwise agreedBlue Stone Mine), and will require the approval of the Landlord. Any improvements or modifications performed by, or on behalf of, the Tenant will, at the option of the Landlord, remain as part of the Keuka Business Park at the conclusion of the lease term. b. Except as provided in paragraph 8.1 above, Tenant at its cost shall maintain the leased premises, including all janitorial care of the office and restroom facilities associated with this spaceimprovements constructed thereon by SUBTENANT, in good repair, replacement, and appearance during the term of this Sublease and will with reasonable promptness make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes and repairs of every kind and nature which may be required to be made upon or in connection with Leased Premises or any part thereof in order to keep and maintain Leased Premises in such good repair, replacement and appearance, so that the Leased Premises are in substantially the same condition at the expiration end of the term of this Lease AgreementSublease as they were at the commencement of this Sublease, or prior termination, Tenant shall surrender the leased premises subject to Landlord in the same condition as received, normal wear and tear. Except as may be required pursuant to Section 12 herein, damage from the elements, fire or other casualty, damage Landlord is SUBLANDLORD shall not be required to repair hereundermaintain, repair, or damage from the negligence rebuild, or willful misconduct to make any alterations, replacements, or renewals of Landlordany nature or description to Leased Premises or any part thereof, its agents whether ordinary or employeesextraordinary, excepted. c. Tenant also agrees structural or nonstructural, foreseen or unforeseen or to maintain outdoor areas affected by Leased Premises or any part thereof in any way, and except as may be required pursuant to Section 12 herein, SUBTENANT hereby expressly waives any right to make repairs or replacements at the operations expense of SUBLANDLORD which may be provided for in any statute or law in effect at the time of the business in an orderly fashion, including, but not limited to, stacking and disposal execution of pallets, trash and recycling areas, employee litter and damage to the facilitiesthis Sublease or any statute or law which may thereafter be enacted.