Common use of Repair and Maintenance Clause in Contracts

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To maintain Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises in neat order including without limitation all fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order, condition and repair and to perform at least as good order, condition and repair as they are in on the Term Commencement Date or may be put in during the Term, reasonable wear and tear excepted; shall keep in a safe, secure and sanitary condition all necessary trash and rubbish temporarily stored at the Premises; and shall make all repairs to the interior of the Premises and replacements and to promptly notify Landlord of any required repairs 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 freight elevator and any plumbinglike in the Premises. Without limitation, Tenant shall be responsible for heating, electrical, life safety and ventilating and air-conditioning systems exclusively and Utility Services serving the Premises from the point where such as are necessary to keep them in good working ordersystems serve the Premises exclusively (including, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors upon completion of the Premises (except glass in Base Building Work, from the exterior walls of Utility Switching Points to the Building) whole and in good condition with glass of the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”Premises), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay Landlordfor, as Additional Rent, and keep in force contracts with appropriate and reputable service companies approved by Landlord providing for the cost regular maintenance of any repairs to the freight elevator and any plumbing, such heating, electrical, life safety and ventilating and air-conditioning and Utility Services systems exclusively serving the PremisesPremise to the extent that such systems are not part of the base Building systems. Invoices Landlord hereby approves the Tenant contractors listed on Exhibit O for said repairs shall the purposes of the preceding sentence. If anything required pursuant to this Section 10.04(a) to be due within thirty repaired cannot be fully repaired or restored, (30i) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs Landlord shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed replace it at Tenant’s sole cost 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 expense. Tenant shall be responsiblein writing by Landlord, at Tenant’s sole cost and expense, for all janitorial services required within (y) the Premises. Notwithstanding any provision property subject to replacement will become the property of Landlord pursuant to the terms of this Lease to at the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as conclusion of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) Term, and (ii) costs if such replacement has been so approved by Landlord, then within ninety (90) days after the expiration of repairs the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and maintenance Tenant shall cooperate to determine the freight elevator that are 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 capital repairs or replacements be unreasonably withheld), shall be directly billed amortized on a straight line basis over the useful life of such replacement as reasonably determined by Landlord, without interest. Tenant shall transfer to TenantLandlord all of its rights and interests in any warranties related to said replacement at the conclusion of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, 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 payable to Landlord.

Repair and Maintenance. To maintain Except for work that Section 10.03 requires Landlord to do and subject to Section 16.09, Tenant, at its sole cost and expense: shall keep the Premises (including all Initial Tenant Work, other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere that exclusively serve the Premises regardless of whether or not the same are part of a Building System), together with any Limited Common Elements (or portions thereof) with respect to which Tenant has exclusive rights, and any interior windows, doors, interior plate glass, and the inner surfaces of walls within the Premises, in neat order and in at least as good order, condition and repair as they are in on the Delivery Date or may be thereafter put in during the Term, reasonable wear and to perform tear, damage caused by fire, other casualty or taking (which is dealt with below) and damage caused by the negligence or willful misconduct of Landlord, Landlord’s agents, employees, or contractors excepted; shall keep in a secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary repairs to for the interior foregoing purposes, whether the same may be ordinary or extraordinary, foreseen or unforeseen. Without limitation, Tenant shall be responsible for the maintenance, repair and replacement of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any all plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire other mechanical systems (whether or by casualty only excepted; to keep all glass in windows and doors not part of the Premises Building Systems) wherever located that exclusively serve the Premises, and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies approved by Landlord (except glass in which approval shall not be unreasonably withheld, conditioned or delayed) providing for the exterior walls regular maintenance of such systems to the Building) whole and in good condition with glass of extent that such systems exclusively serve the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which Premises. All repairs and replacements required to be made by Tenant hereunder shall be equal in quality and class equal to the original work. Tenant No storage shall pay Landlord, be permitted outside of the Premises except as Additional Rent, otherwise expressly provided in this Lease. Storage inside the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving Premises shall be provided in a manner not visible from outside the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To Sublandlord shall maintain the Premises in neat order and in good condition and repair (or use reasonable efforts to cause Landlord to maintain and to perform all necessary repairs repair, to the interior extent required of Landlord under the Master Lease) the shared access kitchen/cafeteria and bathroom areas, exterior doors and windows, and all utility and life-safety systems serving the Subleased Premises, including, without limitation, 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 Premises and to promptly notify Landlord Master Premises. Expenses incurred by Sublandlord hereunder shall constitute a Building Expense that is reimbursable by Subtenant under section 3.2 of any required repairs this Sublease. Notwithstanding anything in this Sublease to the freight elevator and contrary, 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 plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, its employees, agents, invitees contractors or licensees (collectively, “Tenant Parties”), all invitees. Under no circumstances shall Subtenant make any repairs necessary, which repairs and replacements shall be in quality and class equal or modifications to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs Master Premises structure or to the freight elevator and any plumbingmechanical, electrical or heating, electrical, life safety and ventilating and air-or air conditioning systems exclusively serving of the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any Master Premises or Subleased Premises unless such repairs or modifications are previously approved in writing by Sublandlord. Sublandlord reserves the sole right to repair make repairs and modifications to such systems. Sublandlord agrees to give Subtenant reasonable advance notice of any damage 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 Sublandlord shall not be liable for, any injury to the Building or the Premises caused by moving personal property of Tenant interference with Subtenant's business or its leasehold interest arising from any repair, maintenance, alteration or improvement in or out to any portion of the BuildingSubleased Premises, Master Premises or Common Area, or by installation in or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contraryfixtures, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost appurtenances and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantequipment therein.

Repair and Maintenance. To maintain the Premises in neat order and A. Landlord's Obligations. Landlord shall keep in good order, ---------------------- condition and repair and to perform all necessary repairs to (i) the interior structural parts of the Premises Building, which structural parts include only the foundation and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors subflooring of the Premises (except glass in Building and the structural condition of the roof and the exterior walls of the BuildingBuilding (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plate glass which shall be maintained and repaired by Tenant), (ii) whole the roof membrane, and in good condition with glass (iii) the common areas of the same quality Project. The costs incurred by Landlord to perform the foregoing obligations to the extent they are deemed "Operating Costs" (as defined in Section 2.C) shall be passed through to Tenant and any other tenants in the Project, except that damaged any damage to any of the foregoing caused by the negligence or broken; and to make as and when needed as a result of misuse by, willful acts or neglect or improper conduct omissions of Tenant or of Tenant’s servants, contractors, employees, 's agents, invitees employees or licensees (collectivelyinvitees, “or by reason of the failure of Tenant Parties”)to perform or comply with any terms of this Lease, all repairs necessaryor caused by Tenant or Tenant's agents, which repairs and replacements employees or contractors during the performance of any Work shall be in quality and class equal to the original work. Tenant shall pay repaired by Landlord, as Additional Rentsolely at Tenant's expense, the cost of any repairs to the freight elevator and any plumbingor at Landlord's election, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said 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 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 which case Landlord shall commence the repair within such five (5) day period and thereafter diligently prosecute the same to completion, or (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 the obligation, to cause the repair of such item and 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 after Landlord submits an of receipt of Tenant's invoice and related documentation for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantwork.

Repair and Maintenance. To maintain Tenant 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 neat 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 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 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 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 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 repair and to perform all necessary repairs to operating order the interior structural portions of the Premises Building, including, without limitation, the foundation, floor slabs, ceilings, roof, curtain wall, exterior glass and to promptly notify Landlord of any required repairs to mullions, columns, beams, shafts (including elevator shafts), elevator cabs, stairs (except internal stairways installed in the freight elevator Premises), escalators, public men’s and any plumbingwomen’s restrooms, heatingBuilding mechanical, electrical, telephone and janitorial closets, and all Common Areas (collectively, the “Building Structure”), and the base Building mechanical, electrical, life safety safety, plumbing, sprinkler and ventilating and air-conditioning HVAC systems exclusively serving which were not installed by the Tenant Parties, are not located in the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors of do not exclusively service the Premises (except glass in the exterior walls of the Building) whole and in good condition with glass of the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, the “Tenant PartiesBuilding Systems”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of specifically set forth in this Lease to the contrary, (i) capital repairs or replacements Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements extent required by any laws not in existence and not in effect as because of Tenant’s use of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible Premises for 100% of such costs pursuant to Section 1.1) other than normal and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantcustomary business office operations.

Repair and Maintenance. To Tenant acknowledges that the Leased Premises are in good repair and working order. Tenant shall, at its 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 interior and exterior of the Leased Premises (including, without limitation, all electrical, plumbing and mechanical systems) in neat as good order and in good condition and repair and to perform all necessary repairs to as it was at the interior date of the Premises and to promptly notify Landlord commencement of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may requirethis Lease, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, not knowingly commit or willingly permit to be committed any act or thing contrary to the cost 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. The Tenant shall have 48 hours in which to correct any minor deficiencies (small repairs to the freight elevator or cleaning inadequacies) and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such larger repairs. If the repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and are not performed to make any such repairs Landlord's satisfaction within the. required time period, Landlord may employ another person or entity to repair and/or maintain all or any damage or injury to the Building or the Premises caused by moving personal property of Tenant in or out part of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by premises and the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% the payment of such all expenses and costs related to said repair and maintenance, which if not paid, shall be deemed a default pursuant to Section 1.1) 19, below. Landlord shall 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 (ii) costs of repairs and maintenance to make improvements to the freight elevator that are not capital repairs Leased Premises as Landlord may now or replacements hereafter deem to be necessary and/or appropriate for the Leased Premises. All such improvements shall be directly billed done, so far as practicable, to avoid interference with Tenant's occupancy and use of the Leased Premises, provided that Tenant shall not be entitled to compensation for unavoidable interference with its occupancy and use.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary routine and ordinary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving 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 and tear 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”)or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay also be responsible, at its sole expense, for providing cleaning and janitorial services to all portions of the Premises other than those used exclusively for office purposes in a first-class manner consistent with cleaning standards generally prevailing in the area, and shall contract with a service provider reasonably acceptable to Landlord for the same (and shall deliver to Landlord copies of all such service contracts when requested by Landlord). In connection with the foregoing, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs Tenant shall be due responsible for disposal of all waste generated within thirty (30) days after Landlord submits an invoice for such repairs to Tenantor brought onto the Premises other than standard office waste. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To maintain (a) Landlord shall be responsible for the Premises in neat order following repair and in good condition maintenance obligations: (i) maintenance and repair and to perform all necessary repairs to the interior of the Premises exterior, roof and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors of the Premises (except glass in the exterior walls structural portions of the Building, (ii) whole repairs and in good condition with glass maintenance of the same quality Building systems 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 Project. 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 that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”complies with Landlord's reasonable requests concerning the management thereof), all repairs necessarythen Landlord agrees to not unreasonably withhold its approval so long as Tenant adequately maintains such equipment, which repairs and replacements shall be in quality and class equal to the original workas reasonably determined by Landlord. Tenant shall pay 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 Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due noted above within thirty (30) days after of written request from Xxxxxx, excepting structural changes, then Tenant shall have the right to contact any venders approved by Landlord submits an invoice and directly contract for such said repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance provided that Xxxxxx agrees to pay for the cost of said repairs and to make any such repairs or to repair any damage or injury to the Building or the Premises caused by moving personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expensemaintenance. Tenant shall be responsible, at Tenant’s sole cost and expense, have the right to request that Landlord reimburse Tenant for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such said costs pursuant to Section 1.1) the provisions of Paragraph 3. In the event of disagreement between Landlord and (ii) 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 repairs and maintenance to Expenses due under the freight elevator that are not capital repairs or replacements shall be directly billed to TenantLease.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may electLESSOR, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s LESSOR’S sole cost 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 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 LESSEE or TENANT. TENANT shall reimburse LESSOR for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or and replacements to the freight elevator Demised Premises which are necessary due to TENANT’S misuse or negligence. LESSEE and TENANT agree to maintain the Demised Premises and common areas in as good a state of repair as when first occupied, ordinary wear and tear, obsolescence and damage by the elements, fire or other casualty excepted. LESSEE and TENANT shall be made by Landlord at its sole cost route requests for repairs and/or maintenance through LESSOR. LESSOR agrees to conduct any and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of all repairs and maintenance to the freight elevator that are not capital repairs Demised Premises, the building and common area facilities at reasonable times and without undue inconvenience to LESSEE or replacements TENANT and for which, reasonable access shall be directly billed provided thereby. When making repairs, LESSOR shall take necessary actions to Tenantprotect TENANT’S property and personnel from loss, damage and injury and to 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 rent, by way of adjustment of rent payments, for such part of the Demised 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. To Notwithstanding anything to the contrary set forth in Section 19.1 of the Lease, commencing as of September 11, 2016 and continuing through the remainder of the Term, Tenant, at its sole cost and expense, shall (a) repair, maintain and, if necessary, replace all heating, ventilating and air conditioning systems that exclusively serve any laboratory and/or server room portions of the Premises in neat order (the “Exclusive HVAC”) and (b) keep the Exclusive HVAC in good condition and in a manner consistent with the Permitted Use. In addition, Tenant shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records of the Exclusive HVAC that Landlord reasonably requests. In the event that Tenant timely fails to make a repair or replacement or perform maintenance that is Tenant’s obligation pursuant to this Lease, Landlord may (but shall have no obligation to) notify Tenant of such failure and, if Tenant does not make the repair or perform the maintenance within twenty (20) days after Tenant’s receipt of such notice, Landlord may (but shall have no obligation to) perform the repair, replacement or maintenance and to perform all necessary Tenant shall reimburse Landlord for its out-of-pocket costs for performing the same as Additional Rent. All repairs made by Tenant shall be at least equal in quality to the interior original work, and shall be made only by a licensed, bonded contractor approved in advance by Landlord. Landlord may impose reasonable restrictions and requirements with respect to such repairs. Tenant shall not take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Premises. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims arising out of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged or broken; and to make as and when needed as a result of misuse by, or neglect or improper conduct failure of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, Agents to perform the covenants contained in this paragraph. “Tenant Parties”), all repairs necessary, which repairs and replacements Tenant’s Agents” shall be in quality and class equal defined to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or include Tenant’s servantsofficers, employees, agents, contractors, customers, patrons, invitees, or licenseescustomers and subcontractors. Except as stated aboveNothing herein shall limit Landlord’s rights under Article 32 of the Lease. Notwithstanding anything to the contrary in the Lease, other required repairs Landlord shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenseshave no liability, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsiblehave no right or remedy, at Tenant’s sole cost and expense, for all janitorial on account of any interruption or impairment in HVAC services required within in connection with the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantExclusive HVAC.

Repair and Maintenance. To maintain the Premises in neat order and A. Landlord's Obligations. Landlord shall keep in good order, ---------------------- condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out structural parts of the Building, which structural parts consist only of the foundation, subflooring, exterior walls (excluding the interior of all walls and the exterior and interior of all windows, doors, ceilings, and plate glass), and roof of the Building, and all plumbing and electrical facilities leading up to (but not situated within) the Building, except for any damage thereto caused by the negligence or by installation willful acts or removal omissions of furniture Tenant or other propertyof Tenant's agents, employees or invitees, or by misuse byreason of the failure of Tenant to perform or comply with any terms of this Lease, or neglect, or improper conduct of, caused by Alterations made by Tenant or by Tenant’s servants, employees, 's agents, employees or contractors, customers, patrons, invitees, . It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord of the need for such repairs or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expensemaintenance. 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 be responsiblekeep in good order, at Tenant’s sole cost condition, repair and expensemaintenance the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for all janitorial services required within the Premisespurpose 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. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator Landlord shall be made by Landlord at determine in its sole cost discretion whether any such vendor is qualified. Any and expense without reimbursement by Tenant except for capital repairs all costs of any maintenance or replacements required by any laws not in existence and not in effect as repair of the Commencement Date which 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. Landlord may elect, in its sole discretion, to paint the exterior of the Building Operating Expenses and/or to replace or perform capital improvements to any area or aspect of the Building which Landlord is required keep in good order, condition and repair. If Landlord decides, in its sole discretion, to replace the roof of the Building during the Term, then the cost of so replacing the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the roof (as determined by Landlord in its sole discretion) (the "Useful Life"), and the ----------- entire amount of such amortized costs and interest 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 roof replacement was completed, divided by (b) the number of months of the Useful Life; provided that in no event shall such proportion exceed one hundred percent (100%). For the purposes of example only and not by way of limitation, if the Building's roof is replaced twenty-four (24) months before the end of the Term, at a cost of Fifty Thousand Dollars ($50,000.00), and the Useful Life is one hundred twenty (120) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Sixteen and 67/100ths Dollars ($416.67) 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 Sixteen and 67/100ths Dollars ($416.67), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Ten Thousand Dollars ($10,000.00), together with interest at the Interest Rate, towards such amortized costs (i.e., Fifty Thousand Dollars ($50,000.00) multiplied by [Twenty-Four (24) months divided by One Hundred Twenty (120) months]). If Tenant exercises an Option to Extend, the total length of the Term (i.e., the initial Term and each Extended Term) shall be utilized to calculate the maximum amount of such amortized costs that shall be includable in the monthly Common Area Maintenance Costs payable solely by Tenant pursuant to Section 5.2.4 (this Paragraph 17.A. -------------- It is the express intent of the parties that except as specifically set forth in which case this Paragraph 17.A, Landlord shall have no obligation whatsoever -------------- to repair or maintain the Building, and that Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs performing all repair, operation, and maintenance to of the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.Building except for those tasks specifically described in this Paragraph 17.A. --------------

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises Premises, whether installed by Tenant or not, such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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 's servants, contractors, employees, agents, invitees or licensees (collectively, “together "Tenant Parties”)") or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay (Landlord, as Additional Rent, the cost of any repairs upon Tenant failure to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due perform its repair obligation in this Section 6.1.3 which failure is not cured within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s 's servants, employees, agents, contractors, customers, patrons, invitees, or licensees. .) Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s 's Percentage of Building applicable Operating ExpensesCosts, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s 's sole cost and expense. Tenant shall be responsible, at Tenant’s 's sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To (a) Subject to Landlord s obligations set forth in Section 4.2(b) below, Tenant shall throughout the Term keep and maintain the Premises Premises, including, without limitation, (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 Building, including ditches, shrubbery, landscaping and fencing; and (iv) the parking areas and access ways located on the Land, in neat order and in at least as good order, condition and repair and to perform all necessary repairs to as they are in on the interior of Term Commencement Date or may be put during the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbingTerm, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, excepting only (x) reasonable wear and tear thereof and tear, (y) damage by fire or other casualty or taking by casualty only excepted; 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 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 Landlord, for the regular maintenance of all heating, air conditioning and ventilating equipment serving the Building, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep all glass in windows accurate and doors complete records of the Premises (except glass in the exterior walls performance of the Building) whole all scheduled maintenance under such contract and in good condition with glass of the same quality as that damaged or broken; and shall provide copies thereof to Landlord from time to time upon request by Landlord. Tenant shall promptly make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal do all other work necessary to accomplish the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may electforegoing, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s 's sole cost and expense. In the event that the provisions of this Lease, including, 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 Tenant shall cause such replacement to be responsibleperformed, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease amortized costs incurred by Landlord with respect to the contrary, (i) such capital repairs or replacements to the freight elevator replacement shall constitute an Operating Expense and shall be made by Landlord at its sole cost and expense without reimbursement reimbursed by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as accordance with the provisions of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant3.2.4 above.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary Lessor shall (other than for any repairs to the interior of the Premises and to promptly notify Landlord of any or replacements required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged or broken; and to make as and when needed as a result of misuse bythe acts or omissions or negligence of Lessee, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, its agents, invitees officers and its and their employees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs invitees) maintain in good order and replacements shall be in quality and class equal to condition the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out roof of the Building, or by installation or removal of furniture or other propertyall landscaping, or by misuse bycurbing, or neglectsidewalks, or improper conduct ofroads, Tenant or Tenantparking areas, driveways, the Building’s servantsstructure, employeesthe Building’s foundation, agentsthe Building’s load bearing walls, contractorsthe base Building plumbing system (which is the plumbing system as delivered to Lessee), customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed and all exterior areas used in common by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage tenants of the Building Operating Expenses, provided however that and generally keep the same clean. Lessee will (other than for any repairs necessitated or replacement required as a result of Lessor’s gross negligence or willful misconduct) maintain in good order, condition and repair the entire Demised Premises (interior and exterior), including, without limitation, 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 existing HVAC units serving the Premises (as detailed in Exhibit D) should fail, beyond repair (per the mutual agreement of Lessor and Lessee), and such failure was not the 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 costs to replace such HVAC unit according to the following formula: The cost to replace such HVAC unit multiplied by a fraction, the numerator of which is the number of years contained within Lessee’s current Lease Term and the denominator of which is 10 years. If Lessee extends the term of this Lease by exercise of a renewal option pursuant to Section 2.d above or otherwise, this formula shall be recalculated and Lessee shall reimburse Lessor for the incremental costs. If any of the HVAC units serving the Premises should fail as a result of Lessee’s gross negligence or willful misconduct of Tenant or Tenant Parties Lessee’s failure to maintain such units as required herein, Lessee shall be performed replace such units at TenantLessee’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost costs and expense, for Lessee shall, at its own expense, keep the Demised Premises in good repair, order and clean and, at its own expense, will remove all janitorial services required within the Premisesrefuse 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 any provision of anything contained in this Lease to the contrary, (i) capital repairs except in cases of Lessor’s gross negligence or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant willful misconduct, Lessee shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance restoration to the freight elevator that are 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 capital repairs place or replacements shall be directly billed to Tenantstore any pallets outside the exterior of the Demised Premises.

Repair and Maintenance. To maintain the Premises in neat order and A. Landlord's Obligations. Landlord shall keep in good order, ---------------------- condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out structural parts of the Building, which structural parts include only the foundation, subflooring, exterior walls (excluding the interior of all walls and the exterior and interior of all windows, doors, ceilings, and plate glass), and the roof structure of the Building (but not the roof membrane), all unexposed plumbing and electrical facilities, and all gutters and downspouts, except for any damage thereto caused by the negligence or by installation willful acts or removal omissions of furniture Tenant or other propertyof Tenant's agents, employees or invitees, or by misuse byreason of the failure of Tenant to perform or comply with any terms of this Lease, or neglect, or improper conduct of, caused by Alterations made by Tenant or by Tenant’s servants, employees, 's agents, employees or contractors. In addition, customersLandlord shall perform any alterations, patronsadditions or improvements required to be made to the Building in order to comply with applicable laws, inviteesordinances, 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 licensees. Except as stated abovecapital improvements, other required repairs together with interest at the Interest Rate, shall be performed by 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 express condition precedent to all obligations of Landlord subject to reimbursement by repair and maintain that Tenant through Tenant’s Percentage shall have notified Landlord of Building Operating Expenses, provided however that any the need for such repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expensemaintenance. 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 be responsiblekeep in good order, at Tenant’s sole cost condition, repair and expensemaintenance the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for all janitorial services required within the Premisespurpose 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. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator Landlord shall be made by Landlord at determine in its sole cost reasonable discretion whether any such vendor is qualified. Any and expense without reimbursement by Tenant except for capital repairs all costs of any maintenance or replacements required by any laws not in existence and not in effect as minor repair of the Commencement Date which 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 Building Operating Expenses pursuant to Section 5.2.4 (the Common Area Maintenance Costs payable solely by Tenant for the year in which case 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 100% of such all costs pursuant to Section 1.1) and (ii) costs of repairs expenses arising from the repair, operation, and maintenance to of the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.Building except those costs and expenses specifically described in this Paragraph 17.A. --------------

Repair and Maintenance. To maintain the Premises in neat order and A. Landlord's Obligations. Landlord shall keep in good order, ---------------------- condition and repair and to perform all necessary repairs to (i) the interior structural parts of the Premises Building, which structural parts include only the foundation and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors subflooring of the Premises (except glass in Building and the structural condition of the roof and the exterior walls of the BuildingBuilding (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plate glass which shall be maintained and repaired by Tenant), (ii) whole the roof membrane, and in good condition with glass (iii) the common areas of the same quality Project. For purposes of this Lease, the common areas 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, lighting, sidewalks), driveways and the utility pipes, conduits and lines which run from the street to each Building and between each of the Buildings). The costs incurred by Landlord (or, if applicable, by Tenant) 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 any other tenants in the Project, except that damaged any damage to any of the foregoing caused by the negligence or broken; and to make as and when needed as a result of misuse by, willful acts or neglect or improper conduct omissions of Tenant or of Tenant’s servants, contractors, employees, 's agents, invitees employees or licensees 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, or at Landlord's option, by Landlord, at Tenant's expense. It is an express 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. 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 (collectivelyA) in the event of an emergency repair (e.g., “Tenant Parties”roof leakage or other repairs which adversely and materially affect Tenant's ability to conduct its normal business operations within the Premises), all repairs necessaryLandlord 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 which repairs case Landlord shall commence the repair within such five (5) day period and replacements thereafter diligently prosecute the same to completion, or (b) in the event of any other type of repair, Landlord shall be 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 quality which case Landlord shall commence the repair within such thirty (30) day period and class equal thereafter diligently prosecute the same to completion. In the original work. event Landlord fails to dispute or commence the repair within such thirty (30) day period, then Tenant shall have the right, but not the obligation, to cause the repair of such item and 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 Landlord, as Additional Rent, the cost of any repairs such amount to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due Tenant within thirty (30) days after Landlord submits an of receipt of Tenant's invoice and related documentation for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantwork.

Repair and Maintenance. To Landlord shall repair and maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance order and condition, as the case may require, reasonable ordinary wear and tear thereof excepted, the Common Areas, mechanical and damage by fire or by casualty only excepted; to keep all glass in windows and doors equipment rooms, the roof of the Premises (except glass in Building, the exterior walls of the Building) whole and in good condition with glass , the exterior windows of the same quality as that damaged or broken; Building, the structural portions of the Building, the elevators, and to make as the electrical, plumbing, mechanical, fire protection, life safety, and when needed as a result HVAC systems servicing the Building. However, unless the Waiver of misuse bySubrogation section applies, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any such repairs or maintenance resulting from acts or omissions of the Tenant Parties. Additionally, Landlord shall replace the Building standard fluorescent light tubes in the Premises. Tenant waives the provisions of any 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 any alleged failure of Landlord to make repairs. All costs associated with the repair and maintenance obligations of Landlord under this article shall be included in and constitute Operating Costs. Except to the freight elevator extent Landlord is obligated to repair and maintain the Premises as provided above, Tenant shall, at its sole cost, repair, replace, and maintain the Premises (including the walls, ceilings, and floors in the Premises, and any specialized or supplemental electrical, lighting, plumbing, heatingmechanical, electricalfire protection, life safety and ventilating and air-conditioning HVAC systems exclusively serving 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 Premises. Invoices for said repairs Prior to performing any such repair obligation, Tenant shall be due within thirty (30) days after give written notice to Landlord submits an invoice for describing the necessary maintenance or repair. Upon receipt of such repairs notice, Landlord may elect either to Tenant. perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord, upon default of Tenant hereunder and upon prior notice to all at Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees's expense. Except as stated above, other required repairs All work shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost in accordance with Landlord's rules and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantprocedures.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and Except for work that Section 10.03 or Article 12 requires Landlord to perform all necessary repairs to the interior do (or as otherwise may be required of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”under this Lease), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense shall keep the Premises including, without reimbursement limitation, all Landlord’s Work, other Tenant Work, Tenant Property, and fixtures, now or hereafter on the Premises, in substantially the same order, condition and repair, as on the Rent Commencement Date, reasonable wear and tear and fire or casualty excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen; provided that in no event shall Tenant’s obligations to repair the Premises extend to (i) repairs covered under any insurance policy carried solely by Tenant except for capital repairs Landlord in connection with the Building or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and Property; (ii) costs repairs to the extent necessitated by the negligence or willful misconduct of Landlord or its agents, employees or contractors; or (iii) repairs for which Landlord is responsible hereunder, subject to Section 7.03 above; (iv) repairs required as a result of Landlord’s failure to make repairs for which it is responsible hereunder, subject to Section 7.03 above; (v) takings or eminent domain proceedings of governmental authorities; or (vi) capital replacements or structural repairs. 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. Tenant shall hire its own cleaning contractor for the Premises and shall provide first-class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). If applicable, Tenant shall 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 Premises. Storage inside the Premises shall be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and maintenance restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to the freight elevator that are not capital repairs or replacements shall maintain and/or repair as may be directly billed to Tenantrequired hereunder.)

Repair and Maintenance. To maintain Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises in neat order including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and to perform all necessary repairs at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the interior extent the responsibility of the Premises and Landlord pursuant to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and 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 Information redacted pursuant to keep a confidential treatment request. An unredacted version of this exhibit has been separately filed with the Commission. Tenant’s obligation to repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Premises Buildings (except glass in the exterior walls of the Building) whole Buildings and in good condition with glass of exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the same quality as that damaged or broken; like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees any Tenant Party or licensees (collectively, “Tenant Parties”)otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay Landlordfor, as Additional Rentand keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the cost regular maintenance of any repairs to the freight all elevators, elevator and any plumbingshafts, heating, electricalventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the PremisesPremises and Utility Services serving the Premises from the Utility Switching Points. Invoices for said repairs shall If anything required pursuant to this Section 10.04(a) to be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlordrepaired cannot be fully repaired or restored, upon default of Tenant hereunder and 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 if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, 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 Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the 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), 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, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, 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 payable to Landlord. Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been separately filed with the Commission. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, may electTenant hereby agreeing to store, at the expense contain and dispose of Tenant, to perform any and 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed Hazardous Substances at Tenant’s sole cost and expenseexpense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be responsibledifferentiated and secured from stairways, at Tenant’s sole cost stairwells and expense, for all janitorial services required within elevators serving the PremisesBuilding so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding any provision of this Lease anything to the contrarycontrary herein, (i) capital repairs or replacements to the freight elevator such lobby shall be made by Landlord at its sole cost and expense without reimbursement maintained by Tenant except for capital repairs or replacements required by any laws not in existence and not a condition consistent with main building lobbies in effect as Class A office buildings in the Seaport District of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% City of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantBoston, Massachusetts.

Repair and Maintenance. To maintain Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises in neat order including without limitation all fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order, condition and repair (and at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), reasonable wear and tear excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to perform do all other work necessary repairs 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 interior of like in the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbingPremises. Without limitation, Tenant shall be responsible for heating, electrical, life safety and ventilating and air-conditioning systems exclusively and Utility Services serving the Premises from the point where such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors of systems serve the Premises exclusively (except glass in including the exterior walls of Utility Switching Points to the Building) whole and in good condition with glass of the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”Premises), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay Landlordfor, as Additional Rent, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the cost regular maintenance of any repairs to the freight elevator and any plumbing, such heating, electrical, life safety and ventilating and air-conditioning and Utility Services systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury Premises to the Building or the Premises caused by moving personal property of Tenant in or out extent that such systems do not serve other tenants of the Building, Property. If anything required pursuant to Section 10.04(a) to be repaired cannot be fully repaired or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct ofrestored, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed replace it at Tenant’s sole cost and expense's cost, even if the benefit or useful life of such replacement extends beyond the Term. Tenant shall be responsible, at Tenant’s sole cost and expense, hire its own cleaning contractor for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To Tenant shall, during the term of this Lease, maintain the Premises in neat and clean order and condition, shall purchase and install (in good condition accordance with Building standards) all tubes, bulbs, starters and repair ballasts for lighting fixtures in the Premises and to shall perform all necessary daily cleaning and perform all repairs to the interior Premises and all fixtures, systems, and equipment therein (including Tenant’s equipment and other personal property and any HVAC equipment serving all or any portion of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such (“Separate HVAC Equipment”)) as are necessary to keep them in good and clean working order, appearance and condition, as the case may require, reasonable use and wear and tear thereof and damage by fire or by unavoidable casualty only excepted; to keep all 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) whole and in good condition with glass of the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay provide to Landlord, as Additional Rentwithin five (5) days of Landlord’s written request, the cost copies of all service records and service contracts for any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively equipment located in or serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury Notwithstanding anything to the Building or contrary contained in this Lease, during the Premises caused by moving personal property term of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct ofthis Lease, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall also be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsibleresponsible for, at Tenant’s sole cost and expense, for all janitorial services required within the Premisesregular maintenance and repair of (a) the roof of the Building and (b) the HVAC system serving the Building. Notwithstanding any provision the foregoing, during the term of this Lease to the contraryLease, if (i) capital repairs or replacements to the freight elevator replacement of such roof is required, as reasonably determined by an independent engineer selected by Landlord, Landlord shall be made by Landlord replace such roof, at its Landlord’s sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws (and such costs shall not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses Costs), so long as such replacement is not required as a result of Tenant’s use of such roof pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of Subsection 6.2.5 or Tenant’s failure to maintain such costs roof pursuant to Section 1.1) the terms of this Subsection 6.1.3, and (ii) costs of any repairs (or replacement) are required to such HVAC system, as reasonably determined by Landlord, and maintenance to the freight elevator that are not capital such repairs (or replacements shall be directly billed to Tenant.replacement) would cost more

Repair and Maintenance. To maintain 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 shall keep the common areas of the Building (including, without limitation, common elevators, common driveways and walkways and common parking areas) and the foundation, roof, Core Building Systems (to the extent not serving the Premises in neat order or another tenant’s premises exclusively), structural supports, exterior windows and exterior walls of the Building in good order, condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof excepted in a manner commensurate with first class biotech/life science complexes in the greater Boston area and damage by fire in compliance with applicable laws and regulations. Landlord shall be responsible for snow and ice removal from the walkways, driveways and parking areas. Landlord shall provide first-class janitorial service in the Common Elements the cost of which may be included in the Operating Expenses. Landlord shall not be obligated to maintain or by casualty only excepted; to keep all glass in windows and doors repair any interior windows, doors, plate glass, the surfaces of walls or other fixtures, components or equipment within the Premises (except glass other than components of Core Building Systems that do not exclusively serve the Premises), but the same shall be Tenant’s obligation. Tenant shall promptly report in writing to Landlord any defective condition known to it that Landlord is required to repair. Tenant waives the exterior walls 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 Building) whole and in good condition with glass of the same quality as Property or Premises, Notwithstanding the fact that damaged Landlord may elect, at Landlord’s sole discretion, to provide security services at the Property or broken; Building at any time during the Term of this Lease, then to the maximum extent this agreement may be made effective according to law (including the limitations set forth in M.G.L. c. 186, §15), but subject to Tenant’s insurance requirements hereunder and Section 7.03 (i) Tenant hereby releases Landlord from any claim for injury to make as person or damage to property asserted by Tenant or any personnel, employee, guest, invitee or agent of Tenant that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other person in or about the Premises, Building or Property, and when needed (ii) Landlord shall not be deemed to owe Tenant, or any person claiming by, through or under Tenant, any duty or standard of care as a result of misuse by, or neglect or improper conduct of Tenant or TenantLandlord’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantsecurity services.

Repair and Maintenance. To maintain During the Premises in neat order and term of this Lease, Lessor shall keep in good condition repair, at its expense, and repair and to perform all necessary repairs to shall not include as a component of Operating Expenses, the interior structural portions of the Premises roof, foundation and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors of the Premises (except glass in the exterior walls of the Building) whole Building and in good condition with glass any other building within the Project (exclusive of glass), and all electrical, plumbing, water, sewer and other utilities exterior to the same quality Premises; provided, however, that Lessee shall be responsible for the payment of any repairs required solely as that damaged the consequence of any negligent act or broken; and to make as and when needed as a result of misuse omission by, or neglect willful misconduct of, Lessee or improper conduct any employee, guest, agent, customer, contractor, licensee, invitee or sublessee of Tenant Lessee. The cost of any such repair arising from any such negligent act or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements omission shall be in quality and class equal to the original work. Tenant shall pay Landlord, paid by Lessee as Additional Rent. During the term of this Lease, Lessor shall further keep in good and functional condition and repair, and perform maintenance of, the Common Area, including Common Area HVAC and roof membrane(s). The cost of such repair and maintenance shall be included as a component of Operating Expenses. Lessor shall be responsible for normal wear and tear associated with Lessee's ordinary and reasonable use of the Premises for the conduct of its business. Nothing contained in this paragraph or elsewhere in this Lease shall preclude or prevent Lessor from making the repairs or performing the maintenance required of Lessee in paragraph 3.02(g) should Lessee fail to do so after written demand; provided, however, that the cost of any such repairs and/or maintenance shall be paid by Lessee as Additional Rent. Except to the freight elevator and extent expressly provided in this Lease, Lessor shall not be liable to Lessee for any plumbingdamage suffered by Lessee or to any equipment, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving furnishings or other property of Lessee as a consequence of the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default the Common Area or any other part or appurtenance of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury to the Building being improperly constructed or being or becoming out of repair, or arising from the Premises caused by moving personal property leaking of Tenant gas, water, sewer or steam pipes or from electricity. Lessee shall immediately notify Lessor of any defective condition in or out of about the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject Building known to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantLessee.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary routine and ordinary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving 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 and tear 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”)or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. In addition, Tenant shall, at its 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 pay have the 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 Town of Burlington and Landlord’s reasonable requirements as Additional Rentto size and screening. Subject to Tenant’s compliance with all requirements of the Town of Burlington, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs Tenant shall be due within thirty permitted to keep a cardboard recycling container in an area on the Property reasonably approved by Landlord. (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant beyond the expiration of the applicable notice and cure periods hereunder and upon prior notice to Tenant[except in emergencies where immediate action may be taken], may elect, at the expense of Tenant, and upon three (3) business days’ prior written notice or fewer if reasonable under the 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.)

Repair and Maintenance. To Landlord shall repair and maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance order and condition, as the case may require, reasonable ordinary wear and tear thereof excepted, the Common Areas, mechanical and damage by fire or by casualty only excepted; to keep all glass in windows and doors equipment rooms, the roof of the Premises (except glass in Building, the exterior walls of the Building) whole and in good condition with glass , the exterior windows of the same quality as that damaged Building, the structural portions of the Building, the elevators, and the electrical, plumbing, mechanical, fire protection, life safety, and HVAC systems servicing the Building. However, unless the Waiver of Subrogation section of this Lease applies, Tenant shall pay the cost of any such repairs or broken; and to make as and when needed as a result maintenance resulting from acts or omissions of misuse byTenant, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, its employees, agents, invitees or licensees (collectivelycontractors. Additionally, “Landlord shall replace the Building standard fluorescent light tubes in the Premises. Tenant Parties”)waives the provisions of any law, all or any right Tenant may have under common law, permitting Tenant to make repairs necessary, which repairs and replacements shall be in quality and class equal at Landlord’s expense or to withhold Rent or terminate this Lease based on any alleged failure of Landlord to make repairs. Except to the original work. extent Landlord is obligated to repair and maintain the Premises as provided above, Tenant shall pay Landlordshall, as Additional Rentat its sole cost, repair, replace, and maintain the cost of any repairs to Premises (including the freight elevator interior walls, drop ceilings, and floors in the Premises, and any specialized electrical, plumbing, heatingmechanical, electricalfire protection, life safety and ventilating and air-conditioning HVAC systems servicing the Premises requested by Tenant exclusively serving the Premisesfor their use) in a good condition. Invoices for said repairs All replacements shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder equal quality and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury class to the Building or the Premises caused by moving personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expenseoriginal items replaced. Tenant shall not commit or allow to be responsible, at Tenant’s sole cost and expense, for all janitorial services required within committed any waste on any portion of the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To Tenant acknowledges that the Leased Premises will be in good repair and working order. Tenant shall, at its 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 interior and exterior of the Leased Premises (including, without limitation, all electrical, plumbing and mechanical systems) in neat as good order and in good condition and repair and to perform all necessary repairs to as it was at the interior date of the Premises and to promptly notify Landlord commencement of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may requirethis Lease, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, not knowingly commit or willingly permit to be committed any act or thing contrary to the cost 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. The Tenant shall have 48 hours in which to correct any minor deficiencies (small repairs to the freight elevator or cleaning inadequacies) and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such larger repairs. If the repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and are not performed to make any such repairs Landlord's satisfaction within the required time period, Landlord may employ another person or entity to repair and/or maintain all or any damage or injury to the Building or the Premises caused by moving personal property of Tenant in or out part of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by premises and the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% the payment of such all expenses and costs related to said repair and maintenance, which if not paid, shall be deemed a default pursuant to Section 1.1) 20, below. Tenant shall permit Landlord, or its representatives, to inspect at any time the Leased Premises and (ii) costs of repairs and maintenance to make improvements to the freight elevator that are not capital repairs Leased Premises as Landlord may now or replacements hereafter deem to be necessary and/or appropriate for the Leased Premises. All such improvements shall be directly billed done, so far as practicable, to avoid interference with Tenant's occupancy and use of the Leased Premises, provided that Tenant shall not be entitled to compensation for unavoidable interference with its occupancy and use.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and Except for work that Section 10.03 or Article 12 requires Landlord to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct ofdo, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense shall keep the Premises including, without reimbursement limitation, all Initial Tenant Improvements, other Tenant Work, Tenant Property, fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order, condition and repair, reasonable wear and tear, and damage by casualty or taking (to the extent provided in Article 12 only), excepted; shall keep in a safe, secure and sanitary 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. Tenant except shall hire its own cleaning contractor for capital the Premises and shall provide first- class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). If applicable, Tenant shall arrange for disposal of its own lab-related refuse and/or hazardous waste by a licensed vendor in accordance with all applicable Legal Requirements and Section 9.04 hereof. No storage shall be permitted outside of the Premises. Storage inside the Premises shall be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to the freight elevator that are not capital repairs or replacements shall maintain and/or repair as may be directly billed to Tenantrequired hereunder.)

Repair and Maintenance. To maintain (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 neat order good order, condition and repair, and sanitary, clean, safe, and in good condition 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 repair Sublessor may, as agent for and to perform all necessary repairs to the interior 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 to promptly notify Landlord of any required repairs to the freight elevator and any plumbingincluded within Sublessee's Work, heatingfixtures, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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 broken; and neglects to make as and when needed as a result of misuse bysuch replacements or to make repairs or to maintain the Premises, or neglect 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 improper conduct perform such maintenance on behalf of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality for the account of Sublessee and class equal to the original work. Tenant Sublessee shall pay Landlord, as Additional Rent, the Sublessor's cost of such work promptly upon receipt of a bill xxxrefore. Sublessee shall not be responsible for any structural repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To maintain the Premises (which includes without limitation, exterior doors, windows and entrance ways) in neat good order and in good condition and repair in a neat and clean appearance, and to perform all necessary repairs and replacements to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any Premises, including plumbing, heating, electrical, life safety and non-base building heating, ventilating and air-conditioning systems exclusively serving the Premises and installed by Tenant, Tenant’s security systems, and all lab equipment and GMP equipment installed by Tenant in the Premises, all fixtures, furnishings, lighting, interior walls, entrance doors, floor surfaces, and, all signs of Tenant wherever located, the exterior generator, Tenant’s rooftop equipment and all mechanical equipment associated with Tenant’s GMP use, and chemical storage tank and associated enclosures, such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable use and wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows interior and exterior portions of all windows, doors of the Premises (except and other glass in the exterior walls of the Building) Premises whole and in good condition with glass of condition; and, after three (3) business days’ prior written notice (which may be by email) or fewer days if reasonable under the same quality as that damaged or broken; and circumstances, to begin to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”)or otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlordalso be responsible, as Additional Rentat its sole expense, for providing cleaning and janitorial services to all portions of the cost Premises in a first-class manner consistent with cleaning standards generally prevailing in the area and shall contract with a waste disposal service to remove and dispose of any repairs to general office refuse on a regular basis. All Lab Waste generated within or brought onto the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving Premises in connection with Tenant’s activities shall be stored in proper containers within the Premises. Invoices In no event shall any Lab Waste be stored outside the Premises. Tenant shall not permit the mixing or disposal of Lab Waste with general office refuse and shall, at its sole expense, enter into and maintain throughout the Term a service contract with a trash disposal service specializing in laboratory and biological waste removal. Tenant’s waste removal contract shall provide for said repairs pick up and disposal of lab waste in accordance with local Board of Health requirements and all other applicable law. “Lab Waste” shall include, but not be limited to, all pathological, or biological waste, laboratory waste that has come in contact with any disease carrying organisms, any human 2892369_8 tissue or other body parts, laboratory cultures and stocks of infectious agents and any associated biological materials, and any other item defined as medical or biological waste under any applicable law of governmental authorities having jurisdiction (including but not limited to 105 CMR 480.010). No Lab Waste or general office waste shall be due within thirty stored outside of the Premises. (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default failure of Tenant hereunder to perform its obligations under this Section 6.1.3, and upon prior notice to Tenantif such failure could have an adverse effect on the base building structure or any of the base building systems, may elect, at the expense of Tenant, and upon three (3) business days’ prior written notice or fewer if reasonable under the circumstances [except in emergencies where immediate action may be taken without prior notice], to perform all such cleaning and maintenance and to make any such repairs and replacements or to repair any damage or injury to the Building or the Premises caused by moving personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated aboveHowever, other required repairs in no event shall be performed Landlord have any right to take any action permitted by the Landlord subject preceding sentence to reimbursement by Tenant through the extent such action would affect Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at mechanical equipment associated with Tenant’s sole cost GMP operations and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantlab operations.)

Repair and Maintenance. To maintain Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises in neat order including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and to perform all necessary repairs at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the interior extent the responsibility of the Premises and Landlord pursuant to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and 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 keep repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Premises Buildings (except glass in the exterior walls of the Building) whole Buildings and in good condition with glass of exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the same quality as that damaged or broken; like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees any Tenant Party or licensees (collectively, “Tenant Parties”)otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay Landlordfor, as Additional Rentand keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the cost regular maintenance of any repairs to the freight all elevators, elevator and any plumbingshafts, heating, electricalventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within 44 Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the PremisesPremises and Utility Services serving the Premises from the Utility Switching Points. Invoices for said repairs shall If anything required pursuant to this Section 10.04(a) to be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlordrepaired cannot be fully repaired or restored, upon default of Tenant hereunder and 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 if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, 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 Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the 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), 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, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, 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 payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, may electTenant hereby agreeing to store, at the expense contain and dispose of Tenant, to perform any and 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed Hazardous Substances at Tenant’s sole cost and expenseexpense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be responsibledifferentiated and secured from stairways, at Tenant’s sole cost stairwells and expense, for all janitorial services required within elevators serving the PremisesBuilding so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Notwithstanding any provision of this Lease anything to the contrarycontrary herein, (i) capital repairs or replacements to the freight elevator such lobby shall be made by Landlord at its sole cost and expense without reimbursement maintained by Tenant except for capital repairs or replacements required by any laws not in existence and not a condition consistent with main building lobbies in effect as Class A office buildings in the Seaport District of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% City of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantBoston, Massachusetts.

Repair and Maintenance. To maintain Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises in neat order including without limitation all elevators; elevator shafts; heating, ventilation and air conditioning equipment; fixtures, systems and equipment of any type serving the Premises, and now or hereafter on the Premises, or elsewhere serving the Premises, in good order, condition and repair (and to perform all necessary repairs at least as good order, condition and repair as they are in on the Commencement Date or may be put in during the Term), normal wear and tear, casualty and condemnation (to the interior extent the responsibility of the Premises and Landlord pursuant to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only Article 12 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and 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 keep repair, maintain, and replace floors and floor coverings, to paint and repair walls and doors, to replace and repair all glass in windows and doors of the Premises Buildings (except glass in the exterior walls of the Building) whole Buildings and in good condition with glass of exterior doors), ceiling tiles, lights and light fixtures, pipes, conduits, wires, drains and the same quality as that damaged or broken; like in the Premises and to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees any Tenant Party or licensees (collectively, “Tenant Parties”)otherwise, all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall secure, pay Landlordfor, as Additional Rentand keep in force third-party maintenance and service contracts with appropriate and reputable service companies approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) providing for the cost regular maintenance of any repairs to the freight all elevators, elevator and any plumbingshafts, heating, electricalInformation redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been separately filed with the Commission. ventilation and air conditioning equipment, Building systems, the Building life safety system including the emergency generator connected to the Building life safety system and the fire command center; and other elements of the Premises within Tenant’s repair and maintenance responsibility that landlords of Comparable Properties typically service by use of third-party service companies (collectively, the “Service Contracts”), copies of which shall be provided to Landlord, and Tenant shall provide to Landlord in a timely manner such periodic inspection reports (but no less frequently than annually) as are prepared by the service providers under the Service Contracts. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems to the extent exclusively serving the PremisesPremises and Utility Services serving the Premises from the Utility Switching Points. Invoices for said repairs shall If anything required pursuant to this Section 10.04(a) to be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlordrepaired cannot be fully repaired or restored, upon default of Tenant hereunder and 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 if, in the last three years of the Term, (i) the replacement has been approved in advance and in writing by Landlord, not to be unreasonably withheld, 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 Term, then within ninety (90) days after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the 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), 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, together with copies of the same, related to said replacement at the conclusion or earlier expiration of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, 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 payable to Landlord. Tenant shall hire its own cleaning contractor for the Premises. Notwithstanding anything to the contrary in this Lease, it is expressly understood and agreed that Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant, may electTenant hereby agreeing to store, at the expense contain and dispose of Tenant, to perform any and 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed Hazardous Substances at Tenant’s sole cost and expenseexpense in accordance with the provisions of Article 9 hereof. Tenant acknowledges that the Parking Garage is open to the general public and that access to the Parking Garage must be maintained open to the public through the main Building lobby and the common stairways and stairwells providing access to the Parking Garage from the lobby at all times during the Term, subject to matters described in Article 12. Stairways and stairwells and elevators serving the Parking Garage shall be responsibledifferentiated and secured from stairways, at Tenant’s sole cost stairwells and expense, for all janitorial services required within elevators serving the PremisesBuilding so that there is no direct access from the Parking Garage to the upper floors of the Building without entering the lobby. Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been separately filed with the Commission. Notwithstanding any provision of this Lease anything to the contrarycontrary herein, (i) capital repairs or replacements to the freight elevator such lobby shall be made by Landlord at its sole cost and expense without reimbursement maintained by Tenant except for capital repairs or replacements required by any laws not in existence and not a condition consistent with main building lobbies in effect as Class A office buildings in the Seaport District of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% City of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantBoston, Massachusetts.

Repair and Maintenance. To SUBTENANT shall have the right to construct, operate, and maintain on the Leased Premises any and all improvements deemed necessary or convenient in neat order connection with the Permitted Use, and in good condition shall have the further right at any time to remove any improvements, buildings or other structures of like nature. Facilities, such as protective fencing and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbinggates permanently installed, heating, electrical, life safety and ventilating electrical wiring and air-conditioning systems exclusively serving flow baffle walls are to be left in place at the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage termination of this Sublease or removed by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may electSUBTENANT at its expense, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or TenantSUBLANDLORD’s servants, employees, agents, contractors, customers, patrons, invitees, or licenseesoption. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsibleSUBTENANT agrees that, at Tenant’s its sole cost and expense, for it shall keep and maintain the surface area of the Leased Premises (located adjacent to the entrance of the Blue Stone Mine), including all janitorial services required within improvements constructed thereon by SUBTENANT, in good repair, replacement, and appearance during the Premises. Notwithstanding any provision term of this Lease to the contrarySublease. SUBTENANT further agrees that, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant 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 end of the term of this Sublease as they were at the commencement of the Dupont Sublease, subject to normal wear and tear. Except as may be required pursuant to Sections 5 and 12 herein, SUBLANDLORD shall not be required to maintain, repair, or rebuild, or to make any alterations, replacements, or renewals of any nature or description to Leased Premises or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or to maintain Leased Premises or any part thereof in any way, and except for capital as may be required pursuant to Section 5 or 12 herein, SUBTENANT hereby expressly waives any right to make repairs or replacements required by at the expense of SUBLANDLORD which may be provided for in any laws not in existence and not statute or law in effect as at the time of the Commencement Date execution of this Sublease or any statute or law which shall may thereafter be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantenacted.

Repair and Maintenance. To maintain Except as provided in Section 10.03, Article Eleven (Damage or Destruction) and Article Twelve (Condemnation), Tenant shall keep all portions of the Premises Premises, including, without limitation, 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 neat order a clean and in good orderly condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original workrepair. 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, as Additional Rent, to provide for routine maintenance of the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning HVAC systems exclusively serving the Premises. Invoices for said repairs If any portion of the Premises or any system or equipment in the Premises which Tenant shall be due within thirty (30) days after 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 submits an invoice for such repairs to Tenant. Landlordshall have the right, upon default of Tenant hereunder and upon prior written notice to Tenant, may elect, at to undertake the expense of Tenant, to perform all such cleaning and responsibility for maintenance and to make any such repairs or to repair any damage or injury to the Building or the Premises caused by moving personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed heating and air conditioning system at Tenant’s sole cost and expense. Tenant shall be responsibleLandlord shall, at Tenant’s sole cost and expense, for all janitorial services repair any damage to the portions of the Property Landlord shall be required within the Premisesto 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 except for any provision repairs or replacements necessitated by any action or inaction of this Lease to the contraryTenant or its agents, (i) capital employees, invitees, licensees, or visitors, Landlord and Tenant agree that Tenant’s obligations for repairs or replacements to the freight elevator HVAC units existing and serving the Premises as of the date of this Lease shall be made 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 any 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 cost and expense without reimbursement by discretion, elect to repair or replace such unit(s). If Tenant except for capital repairs or replacements fails to maintain the required by any laws not in existence and not maintenance service contract in effect as at any time during the Lease Term, Landlord’s obligation to pay for any repair or replacement of the Commencement Date which any HVAC unit shall terminate and be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case of no force or effect. Upon request by Xxxxxxxx, Tenant shall be responsible provide Landlord with copies of invoices and evidence of payment of all repair costs for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantHVAC systems serving the Premises.

Repair and Maintenance. To Mortgagor shall, at its own expense, keep and maintain and/or cause others to keep and maintain, the Premises in neat order and Vessel in good condition and order, repair and seaworthy condition to perform Mortgagee's satisfaction and to the satisfaction of the Vessel's salvage association, classification society, and/or the United States Coast Guard, as applicable. Mortgagor shall further make and/or cause all necessary repairs to be made to the interior Vessel, including the repair and restoration of any portion of the Premises Vessel, 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 Vessel 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. Notwithstanding the previous sentence, Mortgagee and its agents may periodically inspect or survey the Vessel to ascertain its condition and to promptly notify Landlord 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 required repairs way pertain to the freight elevator 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 or 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 any plumbing, heating, electrical, life safety satisfy all of the provisions of applicable law and ventilating and air-conditioning systems exclusively serving regulations of the Premises such as are necessary to keep them in good working order, appearance and conditionUnited States of America, as the case same may requireat 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 its expense and at reasonable wear 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 tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors of preserved as a valid preferred lien on the Premises (except glass Vessel until this Ship Mortgage shall be cancelled in the exterior walls of the Building) whole and in good condition with glass of the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, manner provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantherein.

Repair and Maintenance. To maintain The Lessor shall have no responsibility for operation, cleanliness, maintenance, or repair of the Premises Improvements installed on the Premises. Throughout the Term, Lessee shall, without any cost or expenses to the Lessor, take good care of and keep in neat order and in good first class condition and repair repair, or cause the same to be done, inside and out, the Improvements to perform all necessary repairs to the interior of the Premises and all building service equipment, and all other fixtures, machinery and equipment installed and owned by Lessee now or hereafter belonging to promptly notify Landlord of any required or connected with the Improvements or used in their operation; make all repairs to the freight elevator inside and any plumbingoutside, heatingordinary and extraordinary, electricalstructural or otherwise, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them preserve the Improvements in good working order, appearance first class order and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class at least equal to the original work; promptly pay or cause the payment of the expense of such repairs; suffer no waste or injury; keep all plaza areas, walkways, sidewalks, curbs and loading docks, if any, included within the Premises reasonably free from dirt and rubbish generated by the Improvements; give prompt notice to the Lessor of any fire that may occur; and repair, at or before the end of the Term, all injury done by the installation or removal of furniture, trade fixtures and property. Tenant shall pay Landlord, as Additional RentWhen used in this Lease, the cost term “repairs,” as applied to building service equipment, shall include replacements, restoration and/or renewals when necessary. Lessee shall permit the Lessor and/or its authorized representative, to enter the Premises and the Improvements at all reasonable times during usual business hours for the purpose of inspecting the same and of making any necessary repairs to the freight elevator Premises and to the Improvements, and of performing any plumbingwork therein that may be necessary to comply with any governmental regulations, heatingor that may be necessary to prevent waste or deterioration in connection with the Premises or the Improvements, electricalwhich Lessee is obligated, life safety but has failed, to make, perform, or prevent, as the case may be; provided that in the case of any such entry to make repairs, to perform work or to prevent waste or deterioration, the Lessor shall not have the right repair unless Lessee shall have failed to perform its obligations hereunder prior to the expiration of ten (10) days written notice from the Lessor to Lessee specifying the nature of Xxxxxx’s failure to perform. Notwithstanding anything to the contrary contained herein, in event of an emergency, Lessor, at its option, may without notice enter on the Premises and ventilating the Improvements to effect repairs needed as a result of the emergency. Nothing in this Lease shall imply any duty or obligation upon the part of the Lessor to do any such work or to make any alterations, repairs (including, but not limited to, repairs and air-conditioning systems exclusively serving other restoration work made necessary due to any fire, other casualty or partial condemnation, irrespective of the Premisessufficiency or availability of any fire or other insurance or any award in condemnation, which may be payable in respect thereof), additions or improvements of any kind whatsoever to the Premises or to the Improvements. Invoices for said repairs The performance thereof by the Lessor shall not constitute a waiver of Xxxxxx’s default in failing to perform the same. All amounts so paid by the Lessor under this paragraph, together with interest thereon at the maximum legal rate, computed from the date of such payment by the Lessor, shall be due within deemed additional rent hereunder, and payable by Xxxxxx to the Lessor not later than thirty (30) days after Landlord submits an invoice for such repairs written notice from the Lessor to TenantLessee that payment therefore was made by the Lessor. LandlordIn addition thereto, upon default of Tenant hereunder the Lessor may recover from Xxxxxx, and upon prior notice Xxxxxx covenants and agrees to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury pay as additional rent to the Building or Lessor any and all damages which the Premises caused Lessor may have sustained by moving personal property of Tenant in or out reason of the Building, or by installation or removal failure of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by Lessee to comply with the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision terms of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantparagraph.

Repair and Maintenance. To Sterling shall be responsible for compxxxxxx xny and all work necessary to maintain each assisted living facility located on the Premises in neat order and Properties as an assisted living residence in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may requirerepair, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may electIn addition, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s Sterling's sole cost and expense, Sterxxxx xxxll complete all applications, give all notices and obtain and maintain all licenses, permits and approvals necessary or desirable to allow Sterling to operate the assisted living facilities located on the Properties in accordance with all legal and regulatory requirements. During the first twelve (12) months of the term of the Leases, LTC shall disburse to Sterling a total amount up to Three Hundred Thousand Dollars ($300,000.00) (the "Improvement Funds"), which Improvements Funds shall be used by Sterling solely and exclusively for all janitorial services required within the Premises. Notwithstanding any provision purpose of this Lease making improvements and repairs to the contraryFacilities and/or the Properties. Prior to the commencement date of the Leases, Sterling shall submit to LTC a proposex xxxxxxements budget (the "Budget"), which Budget shall set forth with reasonable specificity the improvements which Sterling proposes to make with the Impxxxxxxxxs Funds and the budgeted cost for each. LTC shall have ten (10) business days from the date of LTC's receipt of the Budget to approve or disapprove the items and/or proposed budgeted costs set forth therein. The Budget must include, among other things, all of the following: (A) a two-way intercom system to each unit at the Edmond Facility; (B) outside door security system at all three Facilities; (C) a whirlpool bath in all three Facilities; and (D) a courtyard sprinkler system at all three Facilities. The Improvement Funds shall be disbursed to Sterling as and when Sterling has provided to LTC all of thx xxxxxxing: (i) capital repairs a copy of a canceled check or replacements to an invoice marked "paid-in-full" evidencing that the freight elevator shall be made work done or materials supplied has been paid for by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) Sterling; and (ii) costs lien waivers in forx xxxxxxable to LTC from the contractors, subcontractors and material suppliers who performed work or supplied materials costing more than Five Thousand Dollars ($5,000.00). Irrespective of repairs and maintenance whether Sterling is able to complete all of thx xxxxx described in the Budget approved by LTC for an amount equal to the freight elevator that are not capital repairs or replacements total Improvements Funds, Sterling shall be directly billed required to Tenantcomplete all items described in the approved Budget and shall be required to pay any amounts in excess of the Improvements Funds from Sterling's own funds and without reimbxxxxxxxx of any kind from LTC, and LTC shall have no obligation of any kind whatsoever to fund any amounts in excess of the Improvements Funds. If Sterling has not met the requirements xxx xxxxursement of all of the Improvements Funds by the end of the twelve-month period following the commencement date of the Leases, Sterling shall continue to have the obligation to complete all of the items set forth in the approved Budget.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and Except for work that Section 10.03 or Article 12 requires Landlord to perform all necessary repairs to the interior do (or as otherwise may be required of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”under this Lease), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense shall keep the Premises including, without reimbursement by limitation, all Initial Tenant except for capital repairs Improvements, other Tenant Work, Tenant Property, Tenant’s Supplemental HVAC, make-up air systems, fixtures, systems and equipment now or replacements required by any laws not hereafter in existence and not the Premises (excluding the VAV boxes in effect as the office portions of the Commencement Date which Premises), or elsewhere exclusively serving the Premises, in good working order (subject to the yield-up provisions of Section 10.07 below), condition and repair, reasonable wear and tear and fire or other casualty excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes whether the same may be included 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. In no event shall Tenant’s obligations to repair the Premises extend to (i) repairs covered under any insurance policy carried solely by Landlord in connection with the Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and or the Property; (ii) costs repairs to the extent necessitated by the negligence or willful misconduct of Landlord or its agents, employees or contractors; or (iii) repairs for which Landlord is responsible hereunder, subject to Section 7.03 above; (iv) repairs required as a result of Landlord’s failure to make repairs for which it is responsible hereunder, subject to Section 7.03 above; or (v) takings or eminent domain proceedings of governmental authorities. Tenant shall hire its own cleaning contractor for the Premises and shall provide first-class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). Tenant shall arrange for its own appropriately sized dumpster, and shall locate the same in the vicinity of Tenant’s loading bay in a location and manner reasonably approved by Landlord. If Execution applicable, Tenant shall arrange for disposal of its own lab-related refuse by a licensed vendor in accordance with all applicable Legal Requirements. No storage or Environmental Substances shall be permitted outside of the Premises, except as expressly provided in Section 9.04. Storage inside the Premises shall be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and maintenance restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to the freight elevator that are not capital repairs or replacements shall maintain and/or repair as may be directly billed to Tenantrequired hereunder.)

Repair and Maintenance. To maintain The 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 reasonable times: 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 if the Tenant refuses or neglects to keep the Premises in neat order good repair the Landlord may, but shall not be obliged to, make the necessary repairs, and shall be permitted to enter the Premises, 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 repairs; and if the Landlord makes repairs the Tenant shall pay the cost of them immediately as Additional Rent. Upon the expiry of the Term or other termination of this Lease the Tenant agrees peaceably to surrender the Premises to the Landlord in a state of good condition repair including any and all leasehold improvements and repair any damage caused by the , and to perform all necessary repairs leave the Premises in a clean and broom swept condition. The Tenant shall immediately give written notice to the interior of the Premises and to promptly notify Landlord of any required repairs substantial damage that occurs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case The Tenant shall be responsible for 100% to keep the Washroom clean and tidy. The Landlord shall conduct routine cleaning of such costs pursuant to Section 1.1) the washroom facilities between the hours of 8:30 am and (ii) costs of repairs 4:30pm Monday through Friday. The Tenant shall keep maintain and maintenance clean the washroom at every other time. The Tenant shall give to the freight elevator that are not capital repairs Lessor prompt written notice of any accident or replacements shall be directly billed to Tenant.any defect in the water pipes, gas pipes, heating apparatus, telephone or electric light, or other wires in any part of said building. RESPONSIBILITIES OF THE LANDLORD

Repair and Maintenance. To maintain keep the Premises in neat order and in good order, condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such at least as are necessary to keep them in good working order, appearance condition and condition, repair as they are on the case commencement date of this Lease or may requirebe 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 and tear thereof and damage by fire or by 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 maintain in good condition with glass all lawns and planted areas and to keep in good repair and clean and neat and free of the same quality as that damaged or brokensnow 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. Tenant shall secure, pay for and keep in force contracts with appropriate and reputable service companies providing for the regular maintenance of the heating and air 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, tenantlike, and when needed as a result of misuse byefficient and usable condition, or neglect in less than good and tenantlike repair. Subject to the foregoing, Landlord shall be responsible to maintain in good condition the roof, foundation, and exterior walls, provided, however, that Landlord shall not be required to make any repairs necessitated by reason of any act or improper conduct omission of Tenant Tenant, or Tenant’s servants, contractors, its employees, agents, subtenants, licensees, concessionaires, invitees or licensees (collectivelyanyone claiming under Tenant, “or caused by any alteration, addition or improvement made by Tenant Parties”), all or anyone claiming under Tenant. Landlord shall have no liability whatsoever to Tenant for failure to make repairs necessary, which repairs unless and replacements shall be in quality and class equal to the original work. until Tenant shall pay Landlord, as Additional Rent, give written notice to Landlord stating the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice need for such repairs and Landlord shall fail to Tenant. Landlord, upon default of Tenant hereunder commence and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any complete such repairs or to repair any damage or injury within a reasonable period of time following receipt of such written notice. Any work done to the Building or the Premises caused by moving personal property roof that requires penetrations of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall existing roof membrane must be performed by Hi Tech Roofing, Inc., the Landlord subject firm which installed the membrane roof in June 1992, in order to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within preserve the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as validity of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible guarantee. Lease Agreement for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.625 Putnam Ave, Cambridge for Ft WASHINGTON _____ for VERTEX _____ pxxx 0 xx 00 xxxxx

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and Except for work that Section 10.03(b) or Article 12 requires Landlord to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct ofdo, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense shall keep the Premises including, without reimbursement limitation, all Initial Tenant Improvements, other Tenant Work, Tenant Property, fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises (including regularly scheduled (e.g., quarterly, annually or semi-annually as reasonably determined by Landlord) preventive maintenance/service contract with a contractor reasonably approved by Landlord therefor), in good order, condition and repair, reasonable wear and tear excepted; shall keep in a safe, secure and sanitary 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. Tenant except shall hire its own cleaning contractor for capital the Premises and shall provide first-class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). If applicable, Tenant shall arrange for disposal of its own lab-related refuse and/or hazardous waste by a licensed vendor in accordance with all applicable Legal Requirements and Section 9.04 hereof. No storage shall be permitted outside of the Premises. Storage inside the Premises shall be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to the freight elevator that are not capital repairs or replacements shall maintain and/or repair as may be directly billed to Tenantrequired hereunder.)

Repair and Maintenance. To Landlord shall provide the services to the Premises set forth in paragraph 7.1 above and shall maintain the Building (excepting the Premises and portions of the Building leased by persons not affiliated with Landlord) in a good and operable condition, 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 in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors every part of the Premises (except glass including, without limitation, 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 exterior walls 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 Building) whole Premises. Tenant shall repair or replace, subject to Landlord's direction and in good condition with glass of supervision, any damage to the same quality as that damaged or broken; and to make as and when needed as a result of misuse by, or neglect or improper conduct of Complex caused by Tenant or Tenant’s servants, contractors, employees, 's agents, invitees contractors or licensees (collectivelyinvitees. If Tenant fails to make such repairs or replacements, “Tenant Parties”), all repairs necessary, which repairs and replacements Landlord may make the same at Tenant's cost. Such cost shall be in quality and class equal payable to the original work. Landlord by Tenant shall pay Landlord, on demand as Additional Rent. All contractors, workmen, artisans and other persons which or whom Tenant proposes to retain to perform work in the cost 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 repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premisessuch work. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsibleliable for and shall pay, at Tenant’s sole cost before they become delinquent, all taxes and expenseassessments 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), for all janitorial services required within 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. Notwithstanding Tenant may withhold payments of any provision 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 this Lease to the contrary, (i) capital repairs loss or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as seizure of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% or any interest of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantLandlord therein.

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs Subject to the interior provisions of the Sections 9 (Damage and Destruction) and 14 (Condemnation) and Paragraph 2 of this Addendum, Lessee shall, at Lessee's sole cost and expense and at all times, maintain and repair.the non-structural Premises and to promptly notify Landlord of any required repairs to every part thereof, including without limitation, all equipment or facilities serving the freight elevator and any Premises, such as plumbing, heating, air conditioning, ventilating, electrical, life safety lighting facilities, boilers, fired or unfired pressure vessels, fire sprinklers, fixtures, walls (interior), ceilings, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and ventilating and air-conditioning systems exclusively serving parkways located in, on, about or adjacent to the Premises (whether or not such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors portion of the Premises requiring repairs or the means of repairing the same, are reasonably accessible to Lessee) but only to the extent the repairs and/or maintenance are required by Lessee for Lessee's or Lessee's Affiliates' use of the Premises; provided, however, in the event any single repair (except glass and not ordinary maintenance) costs in excess of $3,000.00, the portion of such repair in excess of $3,000.00 shall be Lessor's responsibility at Lessor's sole cost and expense; provided, further, however, in the event the cumulative cost incurred by Lessee of individual repairs which cost in excess of $2,000.00 ("Over $2,000.00 Repairs") exceeds $20,000.00, the Lessor shall be responsible for the portion of the aggregate of the Over $2,000.00 Repairs which exceeds $20,000.00, at Lessor's sole cost and expense. Notwithstanding anything to the contrary, in no event shall Lessor be obligated to make any repair unless Lessee is operating from the Premises, in no event shall Lessor be obligated to make any repair unless the Lessor's failure to make such of repair will materially adversely affect Lessee's operations from the Premises and in no event shall Lessor be obligated to make any non-structural repairs that are necessitated as the result of the acts of Lessee or Lessee's Affiliates (other than as a result of normal wear and tear). Lessee shall not cause or permit Lessee's Affiliates to cause any Hazardous Substance to be spilled or released in, on, under or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the clean-up of any contamination of, and for the maintenance, security and/or monitoring of the Premises, the elements surrounding same, or neighboring properties, that was caused or materially contributed to by Lessee or Lessee's Affiliates, or pertaining to or involving any Hazardous Substance and/or storage tank brought on to the Premises by or for Lessee or Lessee's Affiliates. Notwithstanding anything to the contrary contained herein, in the event any repairs or maintenance are necessitated to the structure, roof or the exterior walls of the Building) whole and in good condition with glass of the same quality as that damaged or broken; and to make as and when needed as a result of misuse byPremises, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements such shall be in quality repaired and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, maintained by Lessor at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s Lessor's sole cost and expense. Tenant Notwithstanding the foregoing, Lessee shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repair any and all non-structural portions of the Premises where such repairs or replacements are necessitated due to the freight elevator shall be made acts of Lessee and Lessee's Affiliates (other than as a result of normal wear and tear and only to the extent not covered by Landlord at its sole cost and expense without reimbursement insurance carried by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1Lessor) and (ii) costs perform all routine and ordinary maintenance required by Lessee for Lessee's and Lessee's Affiliates' use of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to TenantPremises irrespective of the financial caps contained herein.

Repair and Maintenance. To By taking possession of the Premises, Xxxxxx accepts Xxxxxx’s warranty that the Premises are in good and working order, condition and repair. Lessee, at its own cost and expense, shall maintain the interior and exterior of the Premises in neat order and appurtenances, including but not limited to the parking area, signs, windows, doors, and trade fixtures in good condition and repair repair, and to perform shall, when and if needed, arrange for all necessary repairs to the interior same. Lessee shall, on the expiration or earlier termination of the Premises and terms Lease Agreement (Centerpoint Unlimited LLC to promptly notify Landlord Oculus CRS LLC) of any required repairs to the freight elevator and any plumbingthis lease agreement, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving surrender the Premises such to Lessor in the same condition as are necessary to keep them in good working order, appearance and condition, as the case may requirewhen received, reasonable wear and tear thereof excepted. Lessee shall be responsible for all interior maintenance. Interior maintenance shall be deemed to include, but shall not be limited to, repairs or replacements required for windows, doors, floor covering (excluding floor slab), interior walls, ceilings, painting and damage decorating, electrical fixtures and equipment. In addition, Lessee shall be responsible for the repair (but not replacement of) and general maintenance of building systems, HVAC systems, plumbing systems, sidewalks, and parking lots and areas. Lessee shall be responsible for any costs and expenses incurred due to installation and removal of trade fixtures and equipment installed by fire or by casualty only excepted; to Lessee. Lessee shall be responsible for landscaping, snow removal and waste removal. Lessee, at its sole cost and expense, shall keep all glass in windows and doors of the Premises (except glass in the exterior walls of the Building) whole and at all times in good condition and in a sanitary and safe condition in accordance with glass the laws of the same quality State of New Mexico, and in accordance with all directions, rules and regulations of the applicable New Mexico department and authorities, health offices, fire marshals, building inspectors or other proper officers of the governmental agencies having jurisdiction, and, except as that damaged set forth in the indemnification provisions below, Lessee shall comply with all environmental and other requirements of law, ordinance or broken; and otherwise pertaining to make as and when needed as a result of misuse by, or neglect or improper conduct of Tenant or Tenant’s servants, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving affecting the Premises. Invoices for said repairs Lessee shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, permit no waste or nuisance upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, to perform all such cleaning and maintenance and to make any such repairs or to repair any damage or injury to the Building Premises or utilities supplied thereto. Lessor shall be responsible for the Premises caused by moving personal property cost of Tenant in replacement of, or out major repairs to, the mechanical systems, plumbing, and structural parts of the Buildingbuilding, including, but not limited to, the roof, exterior and load-bearing walls, floor slab, foundation, and structural elements of or on the Premises, unless the maintenance and repairs are necessitated by installation the negligent act or removal omission of furniture or other propertyLessee, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servantsits agents, employees, agents, contractors, customers, patrons, or invitees, . All maintenance and repairs necessitated by the negligent act or licensees. Except as stated above, other required repairs omission of Lessee shall be performed the responsibility of Lessee. Unless damage is caused by Xxxxxx’s negligent acts or omissions, Lessor shall not be liable for any failure to make repairs or to perform any maintenance, including any cost incurred by the Landlord subject to reimbursement by Tenant through Tenantinterruption of Lessee’s Percentage of Building Operating Expenses, provided however that any repairs necessitated operations as a result of gross negligence any repair or willful misconduct maintenance, unless the failure shall persist for an unreasonable length of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as time after written notice of the Commencement Date which shall be included in Building Operating Expenses pursuant need for such repair or maintenance is given to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.Lessor by Lessee. SECTION NINE

Repair and Maintenance. To maintain the Premises in neat order and in good condition and repair and to perform all necessary repairs Subject to the interior provisions of Article 12, and except for damage caused by any act or omission of Tenant or persons acting under Tenant (or as otherwise may be required of Tenant under this Lease), Landlord shall keep the common areas of the Premises Building (including, without limitation, common elevators and to promptly notify Landlord of any required repairs common parking areas) and the foundation, roof, Building systems (to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively extent not serving the Premises or another tenant’s premises exclusively, such as are necessary to keep them as, without limitation, Tenant’s Supplemental HVAC and the Initial Tenant Improvements, but including the VAV boxes in the office portions of the Premises), structural supports, exterior windows and exterior walls of the Building in good working order, appearance condition and conditionrepair reasonable wear and tear and fire or other casualty excepted. Landlord shall not be obligated to maintain or repair any interior windows, doors, plate glass, the surfaces of walls or other fixtures, components or equipment within the Premises, but the same shall be Tenant’s obligation. Tenant shall promptly report in writing to Landlord any defective condition 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 the Premises or Property at Landlord’s expense or, except in the case of a judicially determined constructive eviction (beyond applicable appeal periods), to terminate this Lease because of the condition of the Property or Premises. Notwithstanding the fact that Landlord may provide security services at the Property or Building at any time during the Term of this Lease, Tenant, to the maximum extent allowable by law, hereby releases Landlord from any claim for injury to person or damage to property asserted by Tenant or any personnel, employee, guest, invitee or agent of Tenant that is suffered or occurs in or about the Premises or in or about the Building or Property or the common areas appurtenant thereto by reason of the act of any intruder or any other third party in or about the Premises, Building or Property. (For purposes of this Section, the term “reasonable wear and tear” constitutes that normal, 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 require, be; in no event shall “reasonable wear and tear thereof and damage by fire or by casualty only excepted; tear” excuse Landlord from its obligations duty 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 maintain and/or repair as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”may be required hereunder.), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s sole cost and expense, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, (i) capital repairs or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and (ii) costs of repairs and maintenance to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenant.

Repair and Maintenance. To maintain Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and expense shall keep the Premises in neat order including without limitation all fixtures, systems and equipment to the 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 good order, condition and repair as they are in on the Delivery Date or may be put in during the Term), reasonable wear and tear, casualty and condemnation (which are subject to Article 13 hereof) excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to perform do all other work necessary repairs 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 of glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the Premises and to promptly notify Landlord of any required repairs to like in the freight elevator and any plumbingPremises. Without limitation, Tenant shall be responsible for heating, electrical, life safety and ventilating and air-conditioning systems to the extent exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by casualty only excepted; to keep all glass in windows and doors of Utility Services serving the Premises (except glass 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 exterior walls regular maintenance of the Building) whole and in good condition with glass of the same quality as that damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original worksuch systems. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving hire its own cleaning contractor for the Premises. Invoices for said repairs shall If anything required pursuant to this Section 10.04(a) to be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlordrepaired cannot be fully repaired or restored, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs Landlord shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed replace it at Tenant’s sole cost and expense. Tenant shall be responsiblecost, at Tenant’s sole cost and expenseeven if the benefit or useful life of such replacement extends beyond the Term provided, for all janitorial services required within the Premises. Notwithstanding any provision of this Lease to the contrary, however that if (i) capital repairs or replacements to the freight elevator shall be made replacement has been approved in advance and in writing by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs or replacements required by any laws not in existence and not in effect as of the Commencement Date which shall be included in Building Operating Expenses pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) Landlord, and (ii) costs the property subject to replacement will become the property of repairs and maintenance Landlord pursuant to the freight elevator that are terms of this Lease at the conclusion of the Term, then within ninety (90) day after the expiration of the Term, Landlord shall reimburse Tenant for the unamortized portion of the capital replacement calculated as follows: upon receipt of notice from Tenant of the need for such capital replacement, Landlord and Tenant shall cooperate to determine the 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 repairs or replacements replacement), shall be directly billed 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 Tenanttime 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 conclusion of the Term. Tenant acknowledges that Landlord has the right, but not the obligation, 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 payable to Landlord.

Repair and Maintenance. To maintain Throughout the Premises in neat order and in good condition and repair and to perform all necessary repairs to the interior of the Premises and to promptly notify Landlord of any required repairs to the freight elevator and any plumbingTerm, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises such as are necessary to keep them in good working order, appearance and condition, as the case may require, reasonable wear and tear thereof and damage by fire or by 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 damaged 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, contractors, employees, agents, invitees or licensees (collectively, “Tenant Parties”), all repairs necessary, which repairs and replacements shall be in quality and class equal to the original work. Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the freight elevator and any plumbing, heating, electrical, life safety and ventilating and air-conditioning systems exclusively serving the Premises. Invoices for said repairs shall be due within thirty (30) days after Landlord submits an invoice for such repairs to Tenant. Landlord, upon default of Tenant hereunder and upon prior notice to Tenant, may elect, at the expense of Tenant, 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 personal property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, customers, patrons, invitees, or licensees. Except as stated above, other required repairs shall be performed by the Landlord subject to reimbursement by Tenant through Tenant’s Percentage of Building Operating Expenses, provided however that any repairs necessitated as a result of gross negligence or willful misconduct of Tenant or Tenant Parties shall be performed at Tenant’s sole cost and expense. Tenant shall be responsible, at Tenant’s its sole cost and expense, for shall keep and maintain all janitorial services required within of the PremisesLeased 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 Leased Premises and Development in such state of repair and condition. Notwithstanding any provision Tenant acknowledges Landlord’s concern that, because the 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 first class retail projects in midtown and downtown Memphis, Tennessee. Tenant further acknowledges that Landlord, in agreeing to the 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 contraryDevelopment to be operated, maintained and managed in said first class condition. Landlord shall not be required to maintain, repair or rebuild all or any part of the Leased Premises and Development or Tenant parking pursuant to this Lease. Tenant waives the right to (i) capital repairs require Landlord to maintain, repair or replacements to the freight elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant except for capital repairs rebuild all or replacements required by any laws not in existence and not in effect as part of the Commencement Date which shall be included in Building Operating Expenses Leased Premises and Development pursuant to Section 5.2.4 (in which case Tenant shall be responsible for 100% of such costs pursuant to Section 1.1) and this Lease, or (ii) costs make repairs at the expense of repairs 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 keep the Leased Premises and Development in a safe and sanitary condition as required by all Applicable Laws. At least annually upon request by Landlord, a senior member of the facilities management personnel of both parties will meet to discuss plans for the long-term maintenance of the Development and consider the suggestions of the other party with respect to the freight elevator that are not capital repairs or replacements shall be directly billed to Tenantongoing maintenance of the Development.