Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. 10.1 Tenant’s Care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expense.

Repairs and Maintenance. 10.1 (a) Tenant shall, at Tenant’s Care 's sole cost and expense, maintain the Premises in good, clean and safe condition and repair, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld or delayed. (b) Landlord, at its expense, shall be responsible for repairing any (i) patent defects in the Tenant Improvements constructed by Landlord, its agents, employees, contractors and/or subcontractors, for a period of one year following Substantial Completion and Building(ii) latent defects, and making all structural repairs to the Building and Project, and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. During Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and other exterior Project Common Areas and interior Building Common Areas of the Term Project in a first class condition. Landlord, at its expense, shall be responsible for maintenance and repair of all plumbing, heating, electrical, air conditioning and ventilation systems. Subject to the limitations set forth in Section 7 of this Lease, all expenses incurred by Landlord pursuant to this Section 13(b) shall be within the definition of Operating Expenses. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as "LANDLORD'S REPAIRS". Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant's obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants' lease or required by law to make in or to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant's business at the Premises, including performing work during off-business hours, and shall provide Tenant shall: 10.1.1 keep with written notice prior to commencing any repairs or changes which might interfere with Tenant's business at the Premises. If Tenant fails to maintain the Premises and the fixtures, appurtenances and improvements therein in good order order, condition and condition; 10.1.2 make repairs repair, Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and replacements diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the "REFERENCE RATE" (formerly, "Prime Rate") then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Except as set forth in this Lease, Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises required because by Tenant as the result of Tenant’s misuse or primary negligenceperforming any such work. Notwithstanding the foregoing, except if as a result of Landlord's failure to perform the Landlord's Repair (delays due to Force Majeure Events and/or Tenant Delays shall not constitute a Landlord's failure to perform the Landlord's Repairs), Tenant is unable to conduct business operations within the Premises, to the extent that such disruption continues for three (3) business days, for each day thereafter until such disruption ceases, Tenant shall be entitled to a single day of Base Rent-free possession of the repairs Premises; provided, however, if Tenant proceeds under Section 13(b) or replacements 13(c), such abatement shall cease upon Tenant's completion of such repair or the date that such repair would have been completed had Tenant utilized its commercially reasonable efforts, which ever is sooner. (c) Notwithstanding any other provisions of this Lease to the contrary, upon receipt of written notice (the "FIRST REPAIR NOTICE") from Tenant that Landlord Repairs are covered required, Landlord shall cause such repair to be made within a reasonable period of time given the circumstances but in no event later than thirty (30) days after it receives the Repair Notice; provided, however, that if the repair is of such a nature that it cannot be completed within thirty (30) days (which fact shall be indicated in writing delivered to Tenant by Landlord’s insurance ), then such longer time as required hereunder; 10.1.3 reasonably necessary to complete such repairs. If Landlord fails to make the repair within the said time period, Tenant may give an additional notice (the "SECOND REPAIR NOTICE") to Landlord. If Landlord fails to commence thereafter such repair within five (5) days after receipt of the Second Repair Notice and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises onlythereafter diligently pursue said repair to completion, except to the extent the Tenant may perform such repair. All repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained performed by Tenant pursuant to this Section shall be made by a qualified licensed contractor(s) with sufficient expertise in such matters and in accordance with all applicable laws, statutes and ordinances. Landlord shall reimburse Tenant for Tenant's actual costs incurred within fifteen (15) days after Landlord's receipt of a written demand from Tenant, which demand shall include supporting invoices. Amounts not paid by Landlord within such time period shall accrue interest at the Reference Rate until paid in full. If Landlord disputes the need for such repair, Landlord shall deliver written notice of such disagreement to Tenant within ten (10) days after its receipt of the Repair Notice. Notwithstanding such dispute, Tenant may cause such repair to be completed pending resolution of such dispute. The dispute shall be resolved by a mutually acceptable third party engineer, which determination shall be binding upon Landlord and Tenant. The losing party shall pay the costs of the engineer or arbitrator, whichever is applicable. (d) Landlord acknowledges that certain of the Building Landlord Repairs may have to be made on an expedited basis due to any wastea material disruption of Tenant's business operations caused by such condition, misuse or neglect of which condition shall be referred to as an "EMERGENCY CONDITION." In this regard, in the Premises event an Emergency Condition relating to a Landlord Repair exists, Tenant shall deliver to Landlord, by Tenantfacsimile, its agentsa written notice ("EMERGENCY NOTICE") describing such Emergency Condition. The Emergency Notice shall, employees or licensees,except to in bold typed across the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 top, stating "AN EMERGENCY SITUATION EXISTS AT THE PREMISES REQUIRING YOUR IMMEDIATE ATTENTION." In the event that Landlord fails to commence repair of the Emergency Condition within twenty-four (24) hours (if such situation occurs during non-business hours, Tenant should require supplemental HVAC shall utilize Landlord's paging system, the procedure for the Premises, any maintenance repair and/or replacement required for such supplemental service which shall be performed by Tenant. In addition provided to Tenant shall not place a load upon any floor of prior to the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Commencement Date), Tenant, at Tenant’s expenseusing licensed contractors which are qualified to perform such tasks in compliance with applicable laws, shall have the right to increase make the load Landlord Repairs; provided, however, such repairs shall be limited to the temporary remediation of such Emergency Condition and Landlord shall thereafter be responsible for the floor in the Second Floor Key Area to accomodate 150 pounds per square footfull repair of such condition. Landlord reserves shall reimburse Tenant's actual expenses incurred in making such temporary remediation repairs within fifteen (15) days following Landlord's receipt of written demand and supporting invoices. Amounts not paid by Landlord within such time period shall accrue interest at the right to reasonably prescribe, Reference Rate until paid in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensefull.

Repairs and Maintenance. 10.1 18.1 Landlord shall, throughout the term of this Lease, at its own cost and expense, and without any cost or expense to Tenant’s Care , keep and maintain in good condition and repair the structural components of the footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, Landlord shall, at its own cost and expense, and without any cost or expense to Tenant, promptly repair any patent or latent defects in the design, materials or construction of the work required of Landlord under the Work Letter to the extent of Landlord's warranties in Section 14.2. 18.2 Except as otherwise set forth in Section 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under Section 7.1, and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises every part thereof (subject to wear and the tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all improvements, fixtures, appurtenances equipment and improvements therein personal property built or installed in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, and all appurtenances thereto, including but not limited to sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises. Without in any maintenance repair and/or replacement required for such supplemental service way limiting the foregoing, Landlord shall maintain the lines designating the parking spaces in good condition and paint the same as often as may be performed by Tenant. In addition Tenant shall not place a load upon necessary, so that they are easily discernable at all times; resurface the parking areas as necessary to maintain it in good condition; paint any floor exterior portions of the Premises exceeding Building as necessary to maintain them in good condition; and maintain the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor roof in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensegood condition.

Repairs and Maintenance. 10.1 Tenant’s Care of , at its sole cost and expense, shall maintain the Demised Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises each part thereof, structural and the fixturesnon-structural, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required because or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of Tenant’s misuse or primary negligence, except the following standards: (1) at least equal in quality and class to the extent that condition of the Demised Premises prior to the need for such Repairs; (2) at least equal in quality and class to the condition of buildings and related facilities of similar construction and class in the general geographic area of the Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural damage or injury to the Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant for its (or its subsidiaries' or affiliates') restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the rules and regulations of all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be permitted to remain unabated at the Demised Premises. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Premises. If Tenant fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or its agents may enter the Demised Premises for the purpose of making such Repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of Landlord's action shall be paid by Tenant to Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such Repairs or other obligations. These invoices shall be prima facie evidence of the payment of the charges to be paid by Landlord. Except in the case of emergency, Landlord shall refrain from taking any such action unless Tenant has not commenced and diligently pursued making such repairs or replacements are covered fulfilling such obligations within thirty (30) days after Landlord delivers written notice of the proposed actions to be taken by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expense.

Repairs and Maintenance. 10.1 14.01 Throughout the Term, Tenant, at its sole cost and expense, assumes full responsibility for the condition, operation, repair, replacement, maintenance, and management of the Property. Tenant shall, at its sole cost and expense, be responsible for: keeping the Building and other improvements erected on the Land in good order and repair (reasonable wear and tear and damage by casualty and condemnation excepted) whether or not the need for such repairs occurs as a result of Tenant’s Care use, the elements, or the age of the Building, the Property or Tenant’s Property, or otherwise (but excluding the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives) and will commit or allow no waste with respect thereto and with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior and exterior, structural and nonstructural, ordinary and extraordinary, and foreseen and unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, the roof of the Building, all systems serving the Demised Premises and, subject to any Permitted Encumbrances, all parking areas and landscaping on the Property. The necessity for and adequacy of repairs to the Building or other improvements forming a part of the Demised Premises shall be comparable to those that would be customary and reasonable in comparable buildings of similar construction and class, provided that, in no event, shall Tenant be required to repair or maintain the Demised Premises to a higher or better condition than that of the Demised Premises following completion of Tenant’s Work. Tenant’s obligations under this Section 14.01 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the Demised Premises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of the Demised Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the Building as of the Commencement Date or the original Tenant’s Work to be performed by Tenant pursuant to this Lease, as applicable, and shall be made reasonably promptly as and when necessary. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to make a replacement of any item in the event that a repair will provide adequate functionality to the item and would be customary and reasonable in comparable buildings of similar construction and class. Repairs and replacements called for as a result of fire or other casualty and condemnation shall be made pursuant to the provisions of Sections 21 and 22, respectively. In connection with the foregoing, but in no way expanding Tenant’s obligations hereunder and subject to Section 14.03, Tenant’s obligations shall include without limitation with respect to the Demised Premises, to the extent applicable: (1) Maintaining, repairing, and replacing, as necessary, the roof of the Building on the Demised Premises; (2) Maintaining and repairing the bearing walls, floors, foundations, and all structural elements of the Building; (3) Maintaining (including periodic washing and painting) and repairing the storefront, facade and exterior walls of the Building; (4) Repairing and replacing, as necessary, the doors (including, without limitation, any overhead doors) and windows of the Building, and the mechanisms therefor; (5) Causing the regular removal of garbage and refuse from the Demised Premises; (6) Causing the regular spraying for and control of insect, rodent, animal and pest infestation, and maintaining in good working order and condition all doors (both swinging and roll-up doors), including, without limitation, all weather seals; (7) Servicing, maintaining, repairing and replacing all equipment on the Demised Premises, including, without limitation, heating, ventilation, and air-conditioning equipment, fuel tanks, generators and uninterrupted power supplies; (8) Regular sweeping, cleaning and removal of trash, debris, other materials and stains from the Demised Premises and Building. During from the Term Tenant shall: 10.1.1 immediately adjacent sidewalks, service drives and loading or delivery areas, if any, of the Demised Premises, as necessary to keep the Premises same clean and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 (9) Regular sweeping, cleaning and washing of the interior of the Building, including, without limitation, floors, windows and fixtures, and periodic washing and painting of interior walls; (10) Repairing broken, damaged or leaking walls, bathrooms, roofs, or fixtures and equipment in the interior of the Building, including, without limitation, plate glass windows, windows, floors and lighting fixtures; (11) Irrigating and performing all gardening and landscaping of all lawns, trees, shrubs and plantings immediately adjacent to the Building or in any parking areas located on the Demised Premises; and (12) Tenant shall maintain a contract on at least an annual basis for regular servicing and maintenance (at least once annually) of the heating, ventilating, air conditioning and vertical transportation systems serving the Building, unless Landlord shall otherwise direct. Upon written request of Landlord, Tenant shall submit to Landlord a copy of such fully paid contract and any extensions, renewals or replacements thereof. At a minimum, each maintenance contract for any such equipment shall include a provision that such contractor shall be required to coordinate any activities performed on the roof of the Building by a roofing contractor, so as to not void any roof or related warranties. 14.02 Except to the extent caused by the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives, any affirmative acts in connection with work performed by Landlord or as expressly provided herein, Landlord shall not be required to furnish any services or facilities or make any repairs or alterations in or to the Demised Premises, and Landlord shall not under any circumstances be required to (i) build or rebuild any improvements on the Demised Premises; (ii) make any repairs, replacements, alterations, restorations or renewals of any nature to the Demised Premises, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto; or (iii) maintain the Demised Premises (including any parking which is part of or adjacent thereto) in any way. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises, except as expressly set forth herein. However, on default of Tenant beyond the expiration of any applicable notice and cure periods in making such repairs or replacements, Landlord may, but shall not be required to, upon fifteen (15) additional days’ notice to Tenant, make such repairs and replacements for Tenant’s account and the expense thereof shall be paid by Tenant to Landlord upon demand with interest at the Default Rate. 14.03 Except as expressly set forth herein, nothing contained in this Lease and no action or inaction by Landlord shall be construed as (i) constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition or maintenance of or to the Demised Premises required because or any part thereof or any improvements thereto; or (ii) giving Tenant any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord in respect thereof. 14.04 Notwithstanding anything to the contrary contained herein, if Tenant’s misuse or primary negligence, except obligations under this Article 14 require Tenant to make any Capital Repairs (as hereinafter defined) during the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect last two Lease Years of the Premises by TenantTerm, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition then Tenant shall not place be required to make any such Capital Repairs and such failure shall not be a load breach of this Lease by Tenant at that time or upon any floor surrender of the Demised Premises, provided the Demised Premises exceeding remain in working condition. For purposes of this Lease, “Capital Repair” shall mean the floor load per square foot area repair or replacement of any item, which such floor was designed to carry and which may repair or replacement would be allowed under Applicable Laws. Landlord represents that the load of the floor amortized over its useful life in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseaccordance with U.S. generally accepted accounting principles.

Repairs and Maintenance. 10.1 Tenant’s Care 14.01 Tenant shall take good care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Demised Premises and the fixturesfixtures and appurtenances therein, appurtenances and improvements therein at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition; 10.1.2 condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make repairs all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises required because to Tenant’s initial occupancy or in connection with Tenant’s Changes, (ii) the installation, use or operation of Tenant’s misuse or primary negligenceProperty in the Demised Premises, except to (iii) the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at moving of Tenant’s request and that serve the Premises only, except to the extent the repairs Property in or replacements are needed because out of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or (iv) the Building due to any waste, misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord’s neglect or other fault in the manner of performing any Work provided for in Article 3 which Landlord is to perform in Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the Building, common areas, the common restrooms and its agentsfixtures, employees appurtenances, systems and facilities (including the heating, ventilating and air-conditioning systems and the central or licensees,core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 22. 14.03 Except as expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent that practical as will not unreasonably interfere with Tenant’s use and occupancy of the repair of such damage is covered by Landlord’s insurance as required hereunder; andDemised Premises. 10.1.5 In 14.04 When used in this Lease the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service term “repair” shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed deemed to carry include restoration and which replacements as may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right necessary to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in achieve and/or maintain good working order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensecondition.

Repairs and Maintenance. 10.1 Tenant’s Care Tenant shall, at its sole cost and expense and only using Landlord (or its affiliate) as general contractor, take good care of the Premises demised premises and Building. During the Term Tenant shall: 10.1.1 furniture, fixtures, equipment and appurtenances therein, and shall keep and maintain the Premises demised premises and the fixtures, equipment and appurtenances therein, including but not limited to, any and improvements therein all bathrooms and kitchens (if any) which are located within the demised premises, in a condition of good order and condition; 10.1.2 repair. Without limiting the foregoing, Tenant shall make all repairs and replacements to the Premises required because demised premises using only Landlord (or Landlord’s affiliate) as general contractor including the fixtures, equipment and appurtenances in the demised premises and including further structural repairs of any kind which are necessitated by the act, omission, use, occupancy, negligence or other misconduct of Tenant, its employees, agents, contractors, servants, licensees or invitees or which are necessitated by any breach or default of any of the terms, covenants and conditions of this Lease, as and when needed to keep them in good working order and condition. Without limiting Landlord’s misuse other rights and remedies, Tenant shall pay to Landlord the full cost and expense incurred by Landlord or primary negligenceits affiliate as general contractor in performing such maintenance, except to the extent that the repairs repairs, restorations or replacements are covered which shall be payable by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except Tenant to the extent the repairs or replacements are needed because Landlord within fifteen (15) days after receipt of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseinvoice.

Repairs and Maintenance. 10.1 Tenant’s Care of Landlord agrees that it will maintain and keep the following in good condition and repair during the Term: (i) the parking area described in Section 6, (ii) the landscaping located on the Parcel, (iii) the Building in which the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the are located, excluding interior painting, carpeting, lighting fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of brought into the Premises by Tenant, and any damage or repair to the plumbing or electrical systems caused by Tenant or its employees or guests. Tenant must make any repairs or replacements necessitated by damage caused by the Tenant or its employees, agents, invitees, or visitors. If Tenant fails to make any repairs or replacements caused by it or its employees, agents, invitees or visitors promptly, Landlord may, at its sole option, make the repairs or replacements after at least thirty (30) days prior written notice to Tenant. Tenant must reimburse Landlord the reasonable cost of the repairs or replacements within ten (10) days of Tenant’s receipt of Landlord’s invoice. If the damage is caused by an insurable event under the insurance required by Section 20 of this Lease, the provisions of Section 20(D) are applicable and the provisions of this section are not. Landlord is not responsible for repainting the interior of the Premises or for replacement of the carpeting unless repainting or replacement is made necessary by the act or negligence of Landlord or its agents, employees employees, servants, contractors, or licensees,except subcontractors, or by the breach of any other obligation of Landlord under this Lease. If Landlord fails to commence and diligently pursue the extent above maintenance and repair work within thirty (30) days after the date that Tenant gives written notice to Landlord that a specific repair or maintenance work is needed, and describing the work, Tenant may, but is not obligated to, make or cause the repair of such damage is covered by or maintenance work to be done or performed for Landlord at Landlord’s insurance as required hereunder; and 10.1.5 In the event sole expense, and Landlord agrees to reimburse Tenant upon demand any actual out-of-pocket expense incurred by Tenant in its performance of Landlord’s duties that is due and payable within ten (10) days after delivery of an invoice to Landlord. If Tenant should require supplemental HVAC for notifies Landlord that there is an emergency situation within the Premises, any maintenance repair and/or replacement Landlord must promptly commence the work or cause others to commence the work required for such supplemental service shall be performed by Tenantto cure or eliminate the emergency. In addition Tenant shall not place a load upon any floor For the purposes of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum loadthis Lease, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing term “emergency” means that immediate danger to be at Tenant’s expenselife or property exists.

Repairs and Maintenance. 10.1 Tenant’s Care of , at its sole cost and expense, shall maintain the Demised Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises each part thereof, structural and the fixturesnon-structural, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required because or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of Tenant’s misuse or primary negligence, except the following standards: (1) at least equal in quality and class to the extent that condition of the Demised Premises prior to the need for such Repairs; (2) at least equal in quality and class to the condition of buildings and related facilities of similar construction and class in the general geographic area of the Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural damage or injury to the Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant for its (or its subsidiaries’ or affiliates’) restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the rules and regulations of all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be permitted to remain unabated at the Demised Premises. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Premises. If Tenant fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or its agents may enter the Demised Premises for the purpose of making such Repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of Landlord's action shall be paid by Tenant to Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such Repairs or other obligations. These invoices shall be prima facie evidence of the payment of the charges to be paid by Landlord. Except in the case of emergency, Landlord shall refrain from taking any such action unless Tenant has not commenced and diligently pursued making such repairs or replacements are covered fulfilling such obligations within thirty (30) days after Landlord delivers written notice of the proposed actions to be taken by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expense.

Repairs and Maintenance. 10.1 Tenant’s Care 14.01 Tenant shall take good care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Demised Premises and the fixturesfixtures and appurtenances therein, appurtenances but Landlord shall make all repairs thereto, including structural repairs, as and improvements therein when needed to preserve them in good working order and condition; 10.1.2 . However, Tenant, at its expense, shall promptly make repairs all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements to about the Demised Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenancesas shall be required by reason of (i) the performance or existence of Tenant's Changes, as well as all damages sustained by Tenant (ii) the installation, use or operation of Tenant's Property in the Building due to any wasteDemised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the Premises Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior or exterior, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 21. 14.03 Except as expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant by Tenantreason of any inconvenience, its agentsannoyance, employees interruption or licensees,injury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demises Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent that the repair of such damage is covered by Landlord’s insurance practical as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by will not unreasonably interfere with Tenant. In addition Tenant shall not place a load upon any floor 's use and occupancy of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseDemised Premises.

Repairs and Maintenance. 10.1 Tenant’s Care 14.01 Tenant shall take good care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Demised Premises and the fixturesfixtures and appurtenances therein, appurtenances and improvements therein at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition; 10.1.2 condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make repairs all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises required because to Tenant's initial occupancy or in connection with Tenant's Changes, (ii) the installation, use or operation of Tenant’s misuse 's Property in the Demised Premises, (iii) the moving of Tenant's Property in or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because out of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or (iv) the Building due to any waste, misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any Work provided for in Article 3 which Landlord is to perform in Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities (including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 22. 14.03 Except as expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 14.04 When used in this Lease the term "repair" shall be deemed to include restoration and replacements as may be necessary to achieve and/or maintain good working order and condition. ARTICLE 15 -- SECURITY DEPOSIT .01. In the event of any default by Tenant, its agentsLandlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, employees on demand, pay to Landlord the sum so applied or licensees,except retained which shall be added to the extent Security Deposit so that the repair same shall be restored to its original amount. If at the end of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 the Term Tenant shall not be in default under this Lease, the Security Deposit, or any balance thereof, shall be returned to Tenant, within thirty (30) days after the Expiration Date. In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place of a load upon any floor sale of the Premises exceeding the floor load per square foot area which such floor was designed to carry land and which may be allowed under Applicable Laws. Landlord represents that the load Building or leasing of the floor in Building, of which the entire Demised Premises is 100 pounds per square foot. Tenantform a part, at Tenant’s expense, Landlord shall have the right to increase transfer the load security to the vendor or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of such security; and Tenant agrees to look to the new Landlord solely for the return of said security; and it is agreed that the provision hereof shall apply to every transfer or assignment of the floor in security to a new Landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the Second Floor Key Area to accomodate 150 pounds per square foot. monies deposited herein as security and neither the Landlord reserves the right to reasonably prescribenor its successors or assign shall be bound by any such assignment, in order not to exceed the maximum loadencumbrance, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseattempted assignment or attempted encumbrance.

Repairs and Maintenance. 10.1 Tenant’s Care of the Premises and Building. During 11.1 Throughout the Term Tenant shall: 10.1.1 of this Lease, Lessee, at its sole cost and expense, will keep and maintain, or cause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and curbs abutting the same) and the fixtures, appurtenances and improvements therein Personal Property in good order and condition; 10.1.2 make repairs condition without waste and replacements in suitable state of repair at least comparable to that which existed immediately prior to the Premises Commencement Date (ordinary wear and tear excepted, subject to Lessee's obligation to repair and replace the same in accordance with the terms of this Lease), and will make or cause to be made, as and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required because of Tenant’s misuse or primary negligence, except Lessee shall be (in the reasonable opinion of Lessor) of quality at least equal to the extent original work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred fifty (150) licensed beds. 11.2 Any items of Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the property of Lessee. Lessee shall remove such additional property upon termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements are covered by Landlord’s insurance as may be required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve in order to return the Demised Premises only, except to the extent condition which existed prior to the repairs removal of the additional property. 11.3 Provided that Lessee is not in default under the Lease, Lessee shall have the right, at any time and from time to time, to remove and dispose of any Personal Property which may have become obsolete or replacements are needed because unfit for use, or which is no longer useful in the operation of Landlord’s misuse the Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or primary negligencedisposed of with other personal property free of any security interest, lien or encumbrance. Said personal property shall be of the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage such replacement property shall automatically become the property of and shall belong to the BuildingLessor, its fixtures and appurtenances, as well as all damages sustained Lessee shall execute such bills of sale or other documents reasonably requested by Tenant or Lessor to vest the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair ownership of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In personal property in Lessor. Notwithstanding the event that Tenant should require supplemental HVAC for the Premisesforegoing, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, Lessee shall have the right to increase place leased Personal Property on the load Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event Lessee desires to place leased personal property on the Demised Premises having annual payments in excess of the floor amount provided for herein, Lessee shall advise Lessor in writing and Lessor shall use its reasonable best efforts to seek the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves approval of the right to reasonably prescribe, in order not to exceed Facility Mortgagee or an amendment of the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseFacility Mortgage with respect thereto.

Repairs and Maintenance. 10.1 Tenant’s Care 6.1 The Landlord shall, with due diligence, at its own cost and expense, maintain and make all repairs to the exterior bearing walls and metal panels and foundation of the Leased Premises, correct any structural problem with the floor of the Leased Premises, provided the same was caused by the design or the construction of the same, and Landlord shall be responsible for any required replacement of the roof of the building, provided that any damage to the foregoing is not caused by the negligence of the Tenant, its servants, employees, invitees or agents. The Landlord shall, subject to reimbursement by Tenant of Tenant's Percentage of the cost thereof, undertake the maintenance and repair of the roof of the building, and the maintenance, repair and replacement of the roof leaders, flashings, metal gravel stops, gutters and drains. Tenant shall reimburse Landlord within thirty (30) days after written demand for any cost attributable to Tenant's Percentage with respect to the foregoing, provided that Landlord shall furnish to Tenant a breakdown of such cost and computation of Tenant's pro rata obligation with respect thereto. 6.2 The Tenant shall, except as provided in Article 6.1 above, take good care of the Leased Premises and, at its cost and expense, keep and maintain in good repair the interior and the exterior loading docks of the Leased Premises, including, but not limited to the floor, loading dock, windows and doors, the air-conditioning and heating plant, the plumbing, pipes and fixtures belonging thereto; and shall replace all mechanical systems and working parts used in connection with the air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including ballasts and fluorescent fixtures; and shall keep the water and sewer pipes serving only the Leased Premises and Building. During connections free from ice and other obstructions, and shall generally maintain and repair the Term Tenant shall: 10.1.1 keep the Premises interior and the fixturesexterior loading docks of the Leased Premises (except as provided in Articles 6.1 and 6.3) and shall, appurtenances and improvements therein at the end of the expiration of the term, deliver up the Leased Premises in good order and condition; 10.1.2 make repairs , damages by the elements, ordinary wear and replacements tear excepted. Tenant shall enter into a maintenance contract in connection with the maintenance and repair of all mechanical systems serving the Building. Said contract shall be with a reputable, recognized contractor who is reasonably acceptable to Landlord, and said contract shall provide for inspection and service every two (2) months during the term of this lease. Tenant shall promptly forward a copy of such contract, promptly upon Tenant's receipt of same. Notwithstanding anything hereinabove contained to the Premises contrary, Landlord shall be responsible for any required because full replacement of the heating, ventilating and air conditioning system serving the Leased Premises. The Tenant covenants and agrees that it shall not cause or permit any waste (other than reasonable wear and tear), damage or disfigurement to the Leased Premises, or any overloading of the floors of the Building. 6.3 The Tenant shall reimburse the Landlord for Tenant's Percentage of the Landlord's total expense in maintaining and repairing the lawns, shrubbery, driveways and parking areas of the entire Property, which said sum shall be paid by the Tenant to the Landlord within thirty (30) days from the date of billing and the Landlord shall supply to the Tenant, at its request, a complete breakdown of the cost items. The Landlord shall, subject to reimbursement by Tenant of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect 's Percentage of the Premises by Tenantcost thereof, its agentskeep the walks and parking areas of the Property free and clear of ice, employees or licensees,except snow and debris. 6.4 The cost of all of the work to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Landlord pursuant to this Article 6 shall be customary and reasonable and all invoices delivered to Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseaccompanied by supporting documentation.

Repairs and Maintenance. 10.1 Tenant’s Care of 7.1. Subject to the provisions hereinafter contained with regard to damage by fire, Tenant accepts the Premises as being in good and Building. During the Term Tenant shall: 10.1.1 keep sanitary order and agrees to maintain the Premises and the fixtures, appurtenances and improvements therein in good order and condition;will suffer no waste thereto. Tenant shall repair, maintain and preserve the Premises during the term of this Lease at its sole cost and expense, reasonable use and wear excepted. 10.1.2 7.2. Landlord shall make structural repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair Building necessary for safety and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligencetenantability, and are not covered shall bear the cost thereof unless required by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse act or neglect of the Premises by Tenant, its agents, employees or licensees,except invitee. Landlord shall make such other repairs to the extent that Premises and Building as may be necessary or desirable in Landlord's judgment, and the repair cost of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service repairs shall be performed by Tenantincluded in the Operating Expenses. In addition Tenant shall not place a load upon agrees to report immediately in writing to Landlord any floor of defective condition in or about the Premises exceeding the floor load per square foot area known to Tenant which such floor was designed Landlord is required to carry repair, and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s a failure to report shall make Tenant liable for any expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square footdamage or liability resulting from such defects. 7.3. Landlord reserves the right at any time and from time to reasonably prescribetime, as often as Landlord deems desirable, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs, relocations or replacements in order not or to exceed the maximum load, the weight and position of all heavy equipment brought onto Building (including the Premises if required by any applicable law or regulation) and prescribe the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, stairways and other common facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Landlord reserves the right from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building, above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any reinforcing required under pipes, ducts, conduits, wires and appurtenant meters and equipment included in the circumstancesPremises which are located in the Premises or located elsewhere outside the Premises, all such reinforcing and to expand the Building. Nothing contained herein shall be at Tenant’s expensedeemed to relieve Tenant of any duty, obligation or liability with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and nothing contained herein shall be deemed not construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as expressly provided in this Lease.

Repairs and Maintenance. 10.1 Tenant’s Care of the Premises Landlord will, at its own cost and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligenceexpense, except to the extent that the as may be provided elsewhere herein, make necessary repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building corridors, lobby, structural members of the Building, and equipment used to provide the Building Standard services referred to in Item 8, unless any such damage is caused by acts or omissions of Tenant, its fixtures agents customers, employees, principals, contractors, consultants, assigns, subtenants or invitees, in which event Tenant will bear the cost of such repairs. Tenant will allow no maintenance or repairs to be done in, on, to or about the Premises other than by a licensed contractor (such term to include all degrees and appurtenances, levels of subcontractors) approved by Landlord in writing prior to any such maintenance or repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and insured in such amounts and with such companies as well as all damages sustained by Landlord may in its discretion prescribe. Tenant will not injure the Premises or the Building due to any waste, misuse or neglect of but will maintain the Premises in a clean, attractive, condition and in good repair, except as to damage to be repaired by Landlord as provided above. Upon termination of this Lease, Tenant will surrender and deliver the Premises to Landlord in the same condition in which they existed at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant, its agents, employees or licensees,except to Landlord approved alterations and improvements. This Item 12 shall not apply in the extent that the repair case of such damage or destruction by fire or other casualty which is covered by Landlord’s insurance maintained by Landlord on the Building (as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service to which Item 15 hereof shall be performed by Tenant. In addition Tenant apply) or damage resulting from an Eminent Domain taking (as to which Item 17 hereof shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseapply).

Repairs and Maintenance. 10.1 Tenant’s Care 11.1 Throughout the term of this Lease, Lessee, at its sole cost and expense, will keep and maintain, or cause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and Building. During curbs abutting the Term Tenant shall: 10.1.1 keep the Premises same) and the fixtures, appurtenances and improvements therein Personal Property in good order and condition; 10.1.2 make repairs condition without waste and replacements in a suitable state of repair at least comparable to that which existed immediately prior to the Premises Commencement Date (ordinary wear and tear expected), and will make or cause to be made, as and when the same shall become necessary, all structural and non-structural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required because of Tenant’s misuse or primary negligence, except Lessee shall be (in the reasonable opinion of Lessor) of a quality at least equal to the extent original work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises as a skilled and/or intermediate care nursing home. Any items of Personal Property that are uneconomical to repair shall be replaced where reasonable by items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the property of Lessee. Lessee may remove such additional property upon termination of this Lease provided that Lessee shall make such necessary repairs or replacements are covered by Landlord’s insurance as may be required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve in order to return the Demised Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage condition which existed prior to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect removal of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseadditional property.

Repairs and Maintenance. 10.1 Section 8.1 The Tenant’s Care , at its sole cost and expense, shall take good care of and maintain the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Demised Premises and the fixturesPersonal Property, appurtenances including following the maintenance schedules and improvements procedures identified on Schedule 8.1 hereto and Schedule 6.3(a) to the Contribution Agreement and such other maintenance schedules and procedures as shall be mutually agreed upon by the parties hereto, and shall keep the Demised Premises and the Personal Property in good order, condition and repair throughout the Term and shall, in a good and workerlike manner, make all repairs therein and thereon, interior and exterior, structural and non-structural, necessary to keep the same in good order and condition; 10.1.2 make , whether or not necessitated by obsolescence or wear and tear; provided, however, that the Landlord shall be responsible for making all structural repairs and replacements relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Demised Premises required because other than (a) those structural repairs made in connection with routine and ordinary maintenance of the Demised Premises; and (b) those repairs made in connection with damage or injury caused by or resulting from Tenant's Alterations, or from carelessness, omission, neglect or improper conduct of Tenant’s misuse , Tenant's agents, employees, invitees or primary negligencelicensees. Tenant shall give Landlord prompt notice of any defective condition that Landlord is required to repair and Landlord shall make all such repairs as soon as practicable. Section 8.2 The Landlord shall, except at the Tenant's cost and expense, cause to be kept clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, passageways, grounds, parking areas, walks, alleys and curbs within the Demised Premises; provided, however, that in lieu of paying or reimbursing the Landlord for the Tenant's proportionate share of the cost of such services, as reasonably determined by the Landlord and the Tenant, the Tenant may hire and pay for outside contractors to perform the same. The Landlord shall maintain, keep clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, passageways, grounds, parking areas, walks, alleys and curbs within the Licensed Premises, and the Tenant shall pay to the extent that Landlord, as Additional Rent, a pro rata share of the repairs or replacements are covered cost thereof, as reasonably determined by the Landlord and the Tenant in accordance with Article 24 hereof and Exhibit "C" attached hereto. All amounts payable by the Tenant under this Section 8.2 shall be treated as Additional Rent hereunder. Section 8.3 The Tenant shall be responsible for repairing and maintaining the Personal Property in accordance with the Landlord’s insurance 's specifications as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except provided to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage Tenant from time to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensetime.

Repairs and Maintenance. 10.1 TenantExcept for (i) Master Landlord’s Care obligations to maintain those Common Areas as provided in Section 4.2 of the Master Lease; and (ii) Sublandlord’s obligations to maintain, the Premises and Building. During as more particularly described in Section 11.1 of the Term Tenant Master Lease (the cost of which shall be subject to reimbursement by Subtenant to Sublandlord as provided in this Sublease) Subtenant shall: 10.1.1 , at Subtenant’s sole expense, keep the Premises and the fixtures, appurtenances and improvements therein in good order and sanitary condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered repair any damage thereto caused by TenantSubtenant or Subtenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except contractors. In addition, Subtenant shall, at its sole cost and expense be responsible for the installation, maintenance and repair of any back-up generator and supplemental air conditioning system installed at the Premises by or at the direction of Subtenant. Subtenant shall also be solely responsible for costs and expenses of installation, maintenance and repair of any security access systems installed in the Premises by Subtenant. If requested by Sublandlord at the time of Sublandlord’s consent to such alterations, Subtenant shall, at its sole cost, remove the security access system upon the expiration or sooner termination of this Sublease and repair any damage to the Premises caused by such removal (or, at Sublandlord’s option, and provided Sublandlord has given Subtenant at least ten (10) business days written notice prior to taking any action, shall pay to Sublandlord all of Sublandlord’s actual and documented costs of such removal and repair). Except as specifically provided in this Sublease, Subtenant acknowledges that Sublandlord is under no duty to make repairs or improvements to the Premises, and Subtenant hereby waives any right it may have at law or in equity to enforce the same. Notwithstanding the foregoing, to the extent that Master Landlord is obligated under the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, Master Lease to make any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of repairs in or to the Premises exceeding or the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. TenantCommon Areas, at Tenant’s expenseSublandlord, upon written notice by Subtenant, shall have the right use commercially reasonable efforts to increase the load enforce such obligation of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseMaster Landlord.

Repairs and Maintenance. 10.1 Tenant’s Care 18.1 Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the structural and exterior portions of the Premises Building and Building. During the Term Tenant shall: 10.1.1 keep the Premises Project, including foundations, exterior walls, load bearing walls, windows, plate glass, and the fixturesroofing, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises mechanical (HVAC), electrical, water, sewer, plumbing, fire sprinkler, and elevator systems of the Project, (b) necessitated by the acts or omissions of Landlord or any other occupant of the Building, or their respective agents, employees or contractors, (c) for which Landlord has a right of reimbursement from others, (d) which could be treated as a "capital expenditure" under generally accepted accounting principles, and (e) to any portion of the Project outside of the demising walls of the Premises, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Section 7.1. However, subject to Section 21.9, if such maintenance or repairs are required because of Tenant’s misuse any negligence or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises willful misconduct by Tenant, its agents, servants, employees or licensees,except invitees, Tenant shall pay to Landlord the extent that the repair portion of such damage is maintenance and repair costs attributable to Tenant's negligence or willful misconduct, unless such maintenance and repairs are covered by insurance carried by Landlord’s insurance . 18.2 Except as otherwise set forth herein, Tenant shall, throughout the Term of this Lease, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or earlier termination of the Term hereof surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear, casualty, condemnation, alterations not required hereunder; andto be removed by Tenant and Hazardous Materials not required to be remediated by Tenant pursuant to Article 39 excepted. 10.1.5 In 18.3 There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the event that Tenant should require supplemental HVAC for making of any repairs, alterations or improvements in or to any portion of the Premises, any maintenance repair and/or replacement required or in or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the result of Landlord's negligent or willful act or omission. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, after reasonable written notice from Landlord and opportunity for Tenant to make such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor repairs or replacements, Landlord may do so pursuant to the provisions of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseSection 24.3.

Repairs and Maintenance. 10.1 Tenant’s Care of the Premises 10.01 Landlord shall repair and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein maintain in good order and condition; 10.1.2 serviceable condition the exterior and structural portions of the Premises, the common areas of the Building and the basic electrical system, elevators, heating and air-conditioning equipment and plumbing serving the Premises, provided that Landlord shall have no obligation to (a) repair damage caused by the intentional acts or negligence of Tenant, its employees, invitees, licensees, agents and contractors, subject to the terms of Section 11.01 hereof; (b) repair, repaint or redecorate the interior of the Premises; or (c) make repairs and replacements which are required to be made by Tenant pursuant to the provisions of Section 10.02. Except as expressly provided in this Section 10.01 and in Section 12, Landlord shall have no responsibility, obligation or liability with respect to the repair, restoration or maintenance of the Premises. 10.02 Tenant shall, at its own cost and expense, repair and maintain (except for maintenance provided by Landlord under Section 9 with respect to janitorial service) in good order and condition the nonstructural interior portions of the Premises, including interior doors, partitions, carpeting and floor coverings. Subject to the terms of Section 11.01 hereof, regardless of any other provisions of this Lease, Tenant shall, at its own cost and expense, repair or restore any damage or destruction to any portion of the Premises required because or to the Building caused by the intentional acts or negligence of Tenant’s misuse or primary negligence, its employees, invitees, licensees, agents and contractors, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage or destruction is covered by Landlord’s fire and extended coverage insurance obtained by Landlord as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor provided in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expense.Section 11.01

Repairs and Maintenance. 10.1 Tenant’s Care A. Except as otherwise set forth in this Lease, Landlord, during the Term of this Lease, shall repair and maintain in good condition, and if necessary, replace all structural portions of the Premises, including, but not limited to, the exterior walls, roof and foundations, pipes and conduits, and utility installations, and all repairs and replacements necessary to put and maintain the exterior of the Premises and Buildingparking area (including, but not limited to, filling holes and resealing as necessary, but subject to normal wear and tear), including all improvements now or hereafter constructed thereon by Landlord, and all appurtenances thereto (including sewer and sewer connections, water and gas pipes) in substantially the same condition, order and repair as existed on the Commencement Date (subsequent normal wear and tear and casualty loss excepted); provided, however, that if any said repairs and/or maintenance are necessitated by the negligence or willful misconduct of Tenant, its employees, agents, contractors, licensees or invitees, Tenant shall immediately reimburse Landlord upon Landlord’s delivery of an invoice for the reasonable and actual cost thereof, and no portion of such invoiced amounts shall be included in Fixed Rent. In addition, but except as otherwise provided in this Lease, Landlord shall repair and maintain the interior of the Premises, including, without limitation, windows, repairs and maintenance of those portions of the Premises that are of a structural nature or which are caused by structural failures or movement, repairs to the interior of the Premises made necessary by leakage of the roof, or by leakage of any utility installation and also including, without limitation, repairs and maintenance to ordinary utilities, line plumbing, light fixtures and bulb replacement and interior glass; provided, however, that if any repairs and/or maintenance are necessitated by the acts or omissions of Tenant, its employees, agents, contractors, licensees or invitees, Tenant shall immediately reimburse Landlord upon Landlord’s delivery of an invoice for the cost thereof; and no portion of such invoiced amounts shall be included in Fixed Rent. Notwithstanding the foregoing, Landlord shall not, except as provided in Section 7 of this Lease, be required to repair, alter or make any improvements to the Premises and/or improvements forming a part of the Premises or any of the Facilities to cause the Premises, the Facilities and/or such improvements to comply with Legal Requirements, Environmental Laws, or Project-Wide Protocols nor shall Landlord be required to repair, alter or make any improvements to the Premises or the Project which a third party supplier of services to the Premises is obligated to make under any separate written agreement with Tenant. B. Landlord, at Landlord’s expense, during the Term shall maintain in good condition and make all repairs and replacements of the Project Infrastructure which serves other areas of the Project in addition to the Premises and will maintain jointly used Infrastructure in good condition and repair. As used herein, the term “Infrastructure” means electrical, mechanical, vertical transportation, sprinkler, fire and life safety, structural, security, heating, ventilation and air conditioning systems serving the Buildings and Project, including pipes, wiring, cabling, ducts and conduits forming an integral part of such systems. Tenant shall be responsible, at its sole cost and expense, to repair and maintain any supplemental air conditioning units, hot water heaters, plumbing and Infrastructure that exclusively serves only Tenant’s Facilities and the Premises and all of its tools, equipment and other property located in the Premises, including, but not limited to, its Facilities, equipment, tools and lifts. When Tenant believes that any of the HEPA filters in the Premises or servicing Tenant’s operations in the Premises (even if located outside the Premises) need to be replaced, Tenant shall so notify Landlord in writing and shall provide Landlord with all necessary information and specifications that Landlord or the third party or parties that actually perform the replacement will need to perform the work (the “Other Information”). Landlord shall prepare a specification for the replacement of the filter specified in the notice based on the HVAC Specifications and the Other Information which Tenant shall approve. Upon such approval, Landlord shall obtain a written bid from a third party contractor approved by Landlord to do work at the Project for the cost that such third party will charge for the proposed work. Landlord shall submit such bid to Tenant and if Tenant finds such bid acceptable, Tenant will prepare and issue its purchase order for the work to be done. If Tenant issues its purchase order, Landlord shall act as the construction manager for such work and shall submit the invoice issued by the contractor upon completion of the work described in such purchase order to Tenant who shall pay such sum as Additional Rent to Landlord. In no event shall Landlord be liable for the cost to perform the work to replace the HEPA filters or for any defective work performed by the third party contractor. C. During the Term Tenant shall: 10.1.1 keep of this Lease, Landlord, at its expense, shall provide proper, periodic and normal maintenance, repair and inspection for such heating and air conditioning equipment as exists upon the Premises and in order to provide for the fixturesHVAC Specifications, appurtenances and improvements therein the intent of which is to maintain the HVAC system in good order condition and condition; 10.1.2 make repair. If the HVAC equipment requires repairs or replacement of parts, or both, of a major or substantial nature (i.e., in excess of proper, periodic and replacements to the Premises required because of normal maintenance and inspection), these repairs or replacements, or both, shall be made by Landlord at its expense, unless Tenant’s misuse or primary negligenceabuse of same or any change in the HVAC Specifications necessitates the repair or replacement, except or both. Examples of “parts of a major or substantial nature” are compressors, boilers and fan units. D. Notwithstanding anything contained in this Section 12, if Landlord and Tenant have entered into a separate written agreement with respect to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at use of some of Tenant’s request and that serve equipment located in the Premises onlyas specified in that separate agreement, except the terms and conditions of that separate agreement shall control with respect to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage rights and obligations with respect to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseequipment.

Repairs and Maintenance. 10.1 Except as otherwise provided in this Article, Tenant’s Care of , at its sole cost and expense, shall maintain the Premises Demised Property and Building. During the Term Tenant shall: 10.1.1 keep the Premises each part thereof, structural and the fixturesnon-structural, appurtenances and improvements therein in good order and condition; 10.1.2 , ordinary wear and tear and damage by casualty and condemnation excepted (such obligations shall include, without limitation, the obligation to maintain all areas outside of the Building (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Property), in a neat and clean condition, and ensuring that debris from the operation of the restaurant on the Demised Property are cleaned on a regular basis) and, subject to the terms and conditions of Article VI, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen but subject to the casualty and condemnation provisions of this Lease. Tenant and Landlord shall each pay one-half of the cost and expense of any Repairs requested by Landlord which are performed during the last year of the Lease Term. When used in this Article VII, the term “Repairs” shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Property in good order and condition and in compliance with all applicable laws. The adequacy of any and all Repairs to the Demised Property required or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of the following standards: (1) at least equal in quality of material and workmanship to the condition of the Demised Property prior to the need for such Repairs; (2) avoidance of any and all structural damage or injury to the Building or persons therein; (3) any and all maintenance, service, operation and repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or affiliates’) restaurants; and (4) any and all repairs, replacements or upgrades necessary to ensure compliance with the rules and regulations of all governmental agencies having jurisdiction over the relevant Demised Property, including all Environmental Laws (as defined below) and shall conform to the requirements of any covenants, conditions, restrictions or other permitted encumbrances which are of record. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Property, and Tenant hereby expressly waives the right to make repairs and replacements to at the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because expense of Landlord’s misuse , which right may be provided for in any law now or primary negligencehereinafter in effect. If Tenant fails or neglects to commence and diligently proceed with all necessary Repairs or fulfill its other obligations as set forth above (for the purposes hereof, and are not covered application by Tenant’s insurance as required hereunder; 10.1.4 pay Tenant for all a building permit (if necessary under applicable law to commence the applicable Repair) shall be deemed to constitute the commencement of a Repair under this Article) within twenty (20) days after receipt of written notice of the need therefor describing the applicable Repair or other obligation (a “Repair Notice”) (except in emergency situations involving risk of further damage to the BuildingDemised Properties or injury to persons, in which case no such grace period shall be applicable and Tenant shall be obligated to commence immediately all necessary Repairs and diligently proceed to complete same), then Landlord or its fixtures agents may enter the Demised Property for the purpose of making such Repairs or fulfilling those obligations (with Landlord making commercially reasonable efforts not to unreasonably interfere with Tenant’s business operations). All commercially reasonable out of pocket costs and appurtenances, expenses incurred as well as all damages sustained a consequence of such Landlord’s action shall be paid by Tenant to Landlord within twenty (20) days after Landlord delivers to Tenant copies of invoices for such Repairs or the Building due to any waste, misuse or neglect other obligations. These invoices shall be prima facie evidence of the Premises payment of the charges to be paid by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expense.

Repairs and Maintenance. 10.1 Tenant’s Care 14.01 Tenant shall take good care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Demised Premises and the fixturesfixtures and appurtenances therein, appurtenances and improvements therein at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition; 10.1.2 condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make repairs all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements about the Demised Premises and the Building as shall be required by reason of (i) the performance or existence of work by Tenant necessary to suit the Demised Premises required because to Tenant's initial occupancy or in connection with Tenant's Changes, (ii) the installation, use or operation of Tenant’s misuse 's Property in the Demised Premises, (iii) the moving of Tenant's Property in or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because out of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or (iv) the Building due to any waste, misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any Work provided for in Article 3 which Landlord is to perform in Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities (including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 22. Landlord to maintain building as first class office building - in compliance with laws including ADA. 14.03 Except as expressly otherwise provided in this Lease, except for gross negligence or wilful misconduct of Landlord, its agents, employees or licensees,contractors, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making any repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent that practical as will not unreasonably interfere with Tenant's use and occupancy of the repair of such damage is covered by Landlord’s insurance as required hereunder; andDemised Premises. 10.1.5 In 14.04 When used in this Lease the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service term "repair" shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed deemed to carry include restoration and which replacements as may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right necessary to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in achieve and/or maintain good working order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensecondition.

Repairs and Maintenance. 10.1 Tenant’s Care (a) Landlord's Warranty. Landlord warrants that all materials, equipment and workmanship used in, on or about the construction of the Premises interior and Buildingexterior of the Premises, including, but not limited to, the structural portions, roof, utility cables, main and conduits, electrical, plumbing and sewer systems are quality material and equipment and shall have been performed in a good and workmanlike manner. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 Landlord shall not be required to make repairs necessitated by reason of the neglect, fault or default of Tenant, Tenant's agents, employees, contractors, or customers, or by reason of structural and exterior work done or installed by Xxxxxx, and provided further, notwithstanding anything in this Lease to the contrary, Tenant, not Landlord, shall make all repairs, replacements and alterations to the Premises which Landlord is required because to maintain which may be required as the result of repairs, alterations or other improvements or installations made by Tenant, or any assignee, sub-tenant or concessionaire of Tenant’s misuse , or primary negligence, except the agent of any of them. Notwithstanding any provision to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at contrary, Tenant’s request and that serve obligations under this section shall not include making (a) any repair or improvement necessitated by the Premises only, except to the extent the repairs negligence or replacements are needed because willful misconduct of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the servants; (b) any repair of such damage is covered or improvement caused by Landlord’s insurance as required hereunderfailure to perform its obligation hereunder or under any other agreement between Landlord and Tenant; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premisesor (c) any structural repairs, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of improvements or alterations to the Premises exceeding or the floor load per square foot area which such floor was designed to carry Building not caused by Xxxxxx’s use. (b) Tenant's Obligations. (i) Xxxxxx accepts the Premises "as is." (ii) General Maintenance, Repair and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square footReplacements. Tenant, at Tenant’s 's sole expense, shall have make and be responsible for all the right Premises' interior repairs and maintenance, including, but not limited to, all maintenance, repairs and replacements to increase the load electrical, plumbing or sewer systems or any portion thereof. Landlord hereby assigns to Tenant any warranties which Landlord has received from any contractor, subcontractor and/or materialmen furnishing services, equipment and/or material for the construction of the floor in Premises. Any maintenance or repairs must first be approved by the Second Floor Key Area Landlord. Tenant shall not permit anyone to accomodate 150 pounds per square foot. Landlord reserves enter upon the right to reasonably prescribe, in order not to exceed roof without the maximum load, the weight and position prior written consent of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseLandlord.

Repairs and Maintenance. 10.1 Tenant’s Care 18.1. Landlord shall repair and maintain the structural and exterior portions of the Premises Building (including the roof and Building. During any structural or exterior portions of Common Areas in the Term Tenant shall: 10.1.1 keep the Premises Demised Premises) and the fixturesstructural and exterior and interior portions of the Common Areas, appurtenances including, without limitations, roofing and improvements therein covering materials, foundations, exterior walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems (excluding any Building Systems exclusively serving the Demised Premise) installed or furnished by Landlord (and the full cost thereof shall be included as a part of Operating Expenses), unless such maintenance or repairs are required in good order and condition; 10.1.2 make repairs and replacements to the Premises required whole or in part because of Tenant’s misuse any act, neglect, fault of or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because omissions of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises duty by Tenant, its agents, servants, employees or licensees,except invitees, in which case Tenant shall pay to Landlord the extent that the repair cost of such maintenance and repairs. 18.2. Subject to Section 22 and except for services of Landlord, if any, required by Sections 18.1, Tenant shall at Tenant’s sole cost and expense keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, including, without limitation, all Building Systems exclusively serving the Demised Premises. Subject to Section 22, Tenant shall, upon the expiration or earlier termination of this Lease, surrender the Demised Premises to Landlord in as good as condition as when received, ordinary wear and tear excepted. Other than as specifically set forth in Section 18.1 and in the Work Letter, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance which is covered an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Tenant waives the rights under any applicable law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s insurance expense. 18.4. Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as required hereunder; andOperating Expenses. 10.1.5 18.5. This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building and any related facilities. In the event that Tenant should require supplemental HVAC for the Premisesof fire, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 18 shall not place a load upon any floor be applicable and the provisions of the Premises exceeding the floor load per square foot area which such floor was designed to carry Article 22 shall apply and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensecontrol.

Repairs and Maintenance. 10.1 Tenant’s Care of the Premises and Building. During the Term (a) Tenant shall: 10.1.1 keep , at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures, appurtenances fixtures (other than sanitary fixtures in the core bathrooms that were installed by Landlord) and improvements therein in good order therein, including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 hereof and condition; 10.1.2 Tenant’s Property, reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to this Lease, excepted. The foregoing exclusion is not intended to imply any obligation on the part of Landlord to make repairs resulting from such causes, but to free Tenant from the mandatory obligation as opposed to the responsibility for repairs or maintenance the need for which arises from such causes. Except with regard to any repairs resulting from Landlord’s (or Landlord’s agents, contractors or any other persons under Landlord’s control) negligent or wrongful acts or omissions, Tenant shall be responsible for any non-structural repairs in and replacements to the interior of the Premises. Furthermore, Tenant shall be responsible for the cost of all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Building and the facilities and systems thereof and in and to the Premises required because the need for which arises out of: (a) the performance or use by Tenant of any Alterations in the Premises, (b) the moving of Tenant’s misuse fixtures, furniture and equipment in or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because out of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenancesunless caused by the misuse, as well as all damages sustained by Tenant neglect or the Building due to any waste, misuse or neglect willful misconduct of the Premises by TenantLandlord, its agents, contractors, employees or licensees,except to any other persons under Landlord’s control, (c) the extent misuse, neglect or willful misconduct of Tenant or any of its subtenants or its or their employees, agents, contractors or any other persons under Tenant’s control, or (d) design flaws in any of Tenant’s plans and specifications regardless of the fact that the repair of such damage is covered Tenant s plans may have been approved by Landlord’s insurance ; unless such plans and specifications were designed by the engineer then designated by Landlord, as required hereunder; and 10.1.5 provided in Section 11.02(c) hereof. After the Effective Date, Tenant, at its expense, shall be responsible for the repair, maintenance and replacement of all distribution portions of the systems and facilities of the Building within and exclusively serving the Premises, including, without limitation, the sanitary (if any) and electrical fixtures installed by Tenant and equipment therein but specifically excluding the base Building perimeter HVAC induction units. In the event that Tenant should require supplemental HVAC for shall install any executive bathrooms or showers in the Premises, Tenant shall be solely responsible for any maintenance maintenance, repair and/or replacement required work and/or any damages to the Building that arises in connection therewith. All repairs in or to the Premises for such supplemental service which Tenant is responsible shall be performed by Tenant in a prompt manner and in accordance with Tenant. In addition ’s obligations under this Lease; provided, however, any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. performed by Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, at reasonable, commercially competitive rates. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts the Building and all responsibility for the maintenance, upkeep, repair and replacement thereof. (b) Landlord shall, at its expense, keep and maintain the Building in good repair and in a condition comparable to similar first-class office buildings in the Wall Street area. Except to the extent Tenant is responsible for the same in accordance with the provisions of subsection 13.01(a) hereof, Landlord shall make all necessary repairs (structural and non-structural) to the facilities and systems of the Building, the public portions and common areas of the Building, the structural components of the Building and the public portions of the Land. Landlord shall be responsible, at its sole cost and expense, for repairing any damage to the Premises caused by Landlord’s misuse, willful misconduct or negligent act or omission or that of its agents, employees, contractors or any other person or entity under Landlord’s control. Landlord shall perform and complete any such repair upon reasonable advance notice to Tenant in accordance with Section 16.03 hereof and in such a manner as to minimize interference with Tenant’s use of the Premises. However, nothing contained herein shall be construed to require Landlord to perform such repairs on an overtime or premium-pay basis unless (i) the performance of such work during Business Hours would have a material adverse affect on the conduct of Tenant’s business in the Premises, would substantially interfere with access to the Building or the Premises or would result in the stoppage of any Building systems; or (ii) such overtime or premium-pay basis is required to expedite the cure of a condition which presents an immediate danger to persons or property within the Premises. 13.02. Tenant shall give Landlord prompt notice of any defective condition of which Tenant has actual knowledge in any of the Building systems such as the plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises. Following such notice, Landlord shall promptly remedy the conditions at the expense of the party that is responsible for same under the provisions of this Article 13. 13.03. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to the right to increase the load fixtures, equipment or appurtenances of the floor Building or the Premises. Notwithstanding the foregoing or anything else to the contrary contained in this Lease, if for any reason other than as a direct result of the affirmative act or omission (where Tenant had a duty to act) of Tenant, Tenant is unable to operate and ceases the conduct of its normal business in all or in a portion of the Premises comprised of not less than 12,000 contiguous rentable square feet (such portion of the Premises being hereinafter referred to as the “Unusable Area”) and all of Tenant’s employees vacate the entire Premises or the Unusable Area, as the case may be, for a period in excess of five (5) consecutive Business Days (hereinafter called the “Threshold Period”), then beginning upon the day following the expiration of the Threshold Period and continuing thereafter until the date that Tenant resumes the normal conduct of its business in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves Premises or the right to reasonably prescribeUnusable Area, in order not to exceed as the maximum loadcase may be, or the date on which the same are once again usable by Tenant for the normal operation of its business, whichever occurs earlier, the weight Fixed Rent and position Additional Charges payable pursuant to Article 3 hereof shall be fully abated in the event the entire Premises is unusable or abated in the proportion that the number of all heavy equipment brought onto rentable square feet in the Unusable Area bears to the number of rentable square feet in the entire Premises, as the case may be. If the Premises or the Unusable Area shall remain untenantable for a period of 420 consecutive days and prescribe any reinforcing required under throughout such 420-day period Tenant ceases to conduct its business in the circumstancesPremises or the Unusable Area, all such reinforcing to be at as the case may be, and none of Tenant’s expenseemployees use the Premises or the Unusable Area, as the case may be, for the conduct of business therein, then Tenant shall, upon notice to Landlord given within ten (10) days following the expiration of such 420-day period, be permitted to terminate this Lease in whole (if the entire Premises shall have been so unusable) or with respect to the Unusable Area only, as the case may be. Inspections by Tenant or attempts by Tenant to retrieve records, personal property and equipment from the Premises or the Unusable Area shall not deem said space tenantable.

Repairs and Maintenance. 10.1 Tenant’s Care 14.01 Tenant shall take good care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Demised Premises and the fixturesfixtures and appurtenances therein, appurtenances and improvements therein at its sole cost and expense shall make all repairs thereto, as and when needed to preserve them in good working order and condition; 10.1.2 condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make repairs all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements about the Demised Premises and the Building as shall be required by reason or (i) the performance or existence of work by Tenant necessary to suit the Demised Premises required because to Tenant's initial occupancy or in connection with Tenant's changes, (ii) the installation, use or operation of Tenant’s misuse 's Property in the Demised Premises, (iii) the moving of Tenant's Property in or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because out of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or (iv) the Building due to any waste, misuse or neglect of the Premises by TenantTenant or any of its employees, its agents, employees agents or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenantcontractors. In addition Tenant shall not place a load upon be responsible, and Landlord shall be responsible, for any floor repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the Premises exceeding the floor load per square foot area manner of performing any work provided for in Article 2 which such floor was designed Landlord is to carry and perform in Tenant's changes which may be allowed under Applicable Laws. undertaken by Landlord represents that for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the load of Building and its fixtures, appurtenances, systems and facilities (including the floor heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair and shall make all structural repairs, interior and exterior, except as indicated in the entire Premises is 100 pounds per square foot. Tenantsecond sentence of Section 14.01, at Tenant’s expense, shall have the right to increase the load of the floor as and when needed in the Second Floor Key Area Building, except for those repairs for which Tenant is responsible pursuant to accomodate 150 pounds per square foot. Landlord reserves any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position provisions of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseArticle 22.

Repairs and Maintenance. 10.1 Tenant’s Care (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and Buildingsanitary order, condition and repair, excepting the Punch List Items, any defects (or noncompliance with laws) in the Premises noted by Tenant in writing to the Landlord during the Warranty Period and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request sole cost and that serve expense, maintain the Premises, in good, clean and first-class condition and repair. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises onlyusing the same quality of materials as used in the original construction. In addition, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay Tenant shall be responsible for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building Project outside of the Premises, unless such repair or maintenance is required due to any waste, misuse or neglect acts of the Premises by Tenant, its agents, employees employees, contractors and subcontractors. Excepting maintenance, repairs or licensees,except replacements required due to the extent negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenantshall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord. Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease. (b) Landlord shall operate the Building to a standard or quality consistent with that of other first-class projects in the immediate geographical area and shall (i) provide janitorial service to the Premises on a five (5) day a week basis (excepting holidays described in the Basic Lease Information), consistent with the janitorial specification attached hereto as Exhibit E, (ii) provide nonexclusive, non-attended automatic passenger elevator service at all times, (iii) replace Building standard lamps, starters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant). (c) Landlord shall be responsible for maintaining and repairing all structural portions and latent defects of the Building (to the extent constructed by Landlord, its agents, employees, contractors and/or subcontractors), and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall be entitled to approve, in its sole discretion, the sealing of any roof penetrations caused by Tenant Improvements. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and the Project Common Areas. Landlord shall be responsible for maintenance and repair of all plumbing, heating, electrical, air conditioning and ventilation systems. Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any reasonable repairs or changes which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make in or to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), Landlord may give Tenant thirty (30) days’ written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to increase do such acts and expend such funds at the load expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the floor in Prime Rate plus two percent (2%) per annum, from the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribedate of such work, in order but not to exceed the maximum loadamount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of performing any such work. For the purpose of this Lease, the weight and position “Prime Rate” shall mean the rate, or base rate, reported in the Money Rates column or section of all heavy equipment brought onto The Wall Street Journal as being the Premises and prescribe base rate on corporate loans at large U.S. money center commercial banks (whether or not such rate has actually been charged by any reinforcing required under such bank) on the circumstances, all such reinforcing to be at Tenant’s expensefirst date on which The Wall Street Journal is published in the month preceding the month in which the subject costs are incurred.

Repairs and Maintenance. 10.1 Tenant’s Care Landlord will, at its own cost and expense, -------------------------- except as may be provided elsewhere herein, make necessary repairs of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building corridors, lobby, structural members of the Building, and equipment used to provide the Building Standard services referred to in Item 8, unless any such damage is caused by acts or omissions of Tenant, its fixtures agents customers, employees, principals, contractors, consultants, assigns, subterrants or invitees, in which event Tenant will bear the cost of such repairs. Tenant will allow no maintenance or repairs to be done in, on, to or about the Premises other than by a licensed contractor (such term to include all degrees and appurtenances, levels of subcontractors) approved by Landlord in writing prior to any such maintenance or repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and insured in such amounts and with such companies as well as all damages sustained by Landlord may in its discretion prescribe. Tenant will not injure the Premises or the Building due to any waste, misuse or neglect of but will maintain the Premises in a clean, attractive, condition and in good repair, except as to damage to be repaired by Landlord as provided above. Upon termination of this Lease, Tenant will surrender and deliver the Premises to Landlord in the same condition in which they ex1sted at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant, its agents, employees or licensees,except to Landlord approved alterations and improvements. This Item 12 shall not apply in the extent that the repair case of such damage or destruction by fire or other casualty which is covered by Landlord’s insurance maintained by Landlord on the Building (as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service to which Item 15 hereof shall be performed by Tenant. In addition Tenant apply) or damage resulting from an Eminent Domain taking (as to which Item 17 hereof shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseapply).

Repairs and Maintenance. 10.1 Tenant’s Care 18.1 Landlord shall repair, replace and maintain the structural and exterior portions of the Premises Building and Building. During the Term Tenant shall: 10.1.1 keep the Premises Project, including foundations, exterior walls, load bearing walls, windows, plate glass, and roofing, and the fixturesmechanical, appurtenances electrical, plumbing, fire sprinkler, and improvements therein in good order and condition; 10.1.2 make repairs and replacements elevator systems of the Project, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the Premises extent provided by Section 7.1. However, if such maintenance or repairs are required because of Tenant’s misuse any act, neglect, fault of or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because omissions of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises duty by Tenant, its agents, servants, employees or licensees,except invitees, Tenant shall pay to Landlord the extent that the repair entire cost of such damage is maintenance and repairs attributable to Tenant's act, neglect, fault or omission, unless such maintenance and repairs are covered by insurance carried by Landlord’s insurance . 18.2 Except as required hereunder; andotherwise set forth in Section 18.1, Tenant shall, throughout the term of this Lease, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in substantially the same condition as when received, ordinary wear and tear and damage from casualty and causes beyond the reasonable control of Tenant excepted. 10.1.5 In 18.3 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord's duty to maintain the event that Tenant should require supplemental HVAC for Premises in a tenantable condition, and the under said sections or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord's expense. 18.4 There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the result of Landlord's grossly negligent or willful act or omission. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, after notice from Landlord and opportunity for Tenant to make such repairs or replacements, Landlord may do so pursuant to the provisions of Section 24.3. 18.5 Notwithstanding any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant of the foregoing, in the event of a fire, earthquake, flood, war or other similar cause of damage or destruction, this Article shall not place a load upon any floor be applicable and the provisions of the Premises exceeding the floor load per square foot area which such floor was designed to carry Article 22, entitled "Damage or Destruction," shall apply and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensecontrol.

Repairs and Maintenance. 10.1 18.1. Subject to Section 18.2 below, Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); Base HVAC systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except as otherwise set forth in this Lease, Tenant shall at Tenant’s Care 's sole cost and expense maintain and keep the interior of the Premises and Buildingevery part thereof (and all equipment, systems and facilities serving the Premises, regardless of where such equipment, systems and facilities are located) in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. During Landlord may elect to perform repairs, maintenance and replacements as required for any mechanical, electrical or plumbing or process systems (such as any RO/DI system, electric steam boilers, or similar equipment) serving the Term Premises, or may elect to require Tenant to repair and maintain all or any of such systems that exclusively serve the Premises. As to any systems that Landlord elects to repair and maintain, all costs to repair, maintain and replace (if required) such system or equipment will be payable by Tenant to Landlord as Additional Rent within thirty (30) days after invoicing therefor. In the event any such systems or equipment serve multiple tenants, the cost of repair, maintenance and replacement will be equitably allocated among the tenants using the applicable system or equipment based on their relative usage, as determined by Landlord. In the event Landlord elects to have Tenant perform all repairs, maintenance and replacement of any such systems or equipment exclusively serving the Premises, Tenant will perform such repairs, maintenance and replacement required to keep such systems in good working order and condition, at Tenant's sole cost. Tenant will be required to engage contractors for such purposes that are reasonably approved by Landlord and will provide Landlord with copies of all repair and maintenance records relating to such systems or equipment. Tenant shall: 10.1.1 keep , upon the expiration or sooner termination of the Term, surrender the Premises and all systems and equipment that Tenant is required to maintain hereunder to Landlord in as good a condition as when received and with the fixturesTenant Improvements in substantially the same condition as existed when completed, appurtenances ordinary wear and improvements therein in good order tear excepted; and condition; 10.1.2 make repairs shall, at Landlord's request and replacements Tenant's sole cost and expense, remove all telephone and data systems, wiring and equipment installed or used by Tenant from the Premises, and repair any damage to the Premises required because of Tenant’s misuse caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or primary negligence, except paint the Premises or any part thereof 18.3. Landlord shall not be liable for any failure to the extent that the make any repairs or replacements are covered by to perform any maintenance that is Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve 's obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Premises only, except to the extent the need of such repairs or replacements are needed because of maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s misuse 's expense 18.4. If any excavation shall be made upon land adjacent to or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to under the Building, its fixtures or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and appurtenances, as well as all damages sustained by Tenant or protect the Building due from injury or damage and to support the same by proper foundations, without any waste, misuse claim for damages or neglect liability against Landlord and without reducing or otherwise affecting Tenant's obligations under this Lease. Landlord will cause any parties performing work pursuant to this Section 18.4 to use commercially reasonable efforts to minimize any interference with Tenant's use and occupancy of the Premises by Tenant, its agents, employees or licensees,except Premises. 18.5. This Article relates to repairs and maintenance arising in the extent that ordinary course of operation of the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 Building and the Project. In the event that Tenant should require supplemental HVAC for the Premisesof a casualty described in Article 24, any maintenance repair and/or replacement required for such supplemental service Article 24 shall be performed by Tenantapply in lieu of this Article. In addition the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless expressly excluded by this Lease or otherwise payable by Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseas Additional Rent.

Repairs and Maintenance. 10.1 Landlord shall, at its own cost and expense and at all times, repair and maintain the exterior walls and foundation of the Premises. Tenant shall, at Tenant’s Care 's own cost and expense and at all times, keep the Premises neat, clean, and in a sanitary condition, including the neat and orderly storage of the Products, and keep and use the Premises in accordance with all applicable laws, ordinances, rules, regulations, and requirements of governmental bodies and authorities. Except as set forth in the first sentence of this Section 10, Tenant shall make such repairs as are necessary to maintain the Premises in as good condition as the Premises now are, reasonable use and wear excepted. If Tenant refuses or neglects its duties under this Section 10, then, at the expiration of thirty (30) days' written demand to Tenant (or without demand in the case of emergency) Landlord may, but is not required to, make, perform or cause such repairs as it deems necessary and Tenant agrees to reimburse Landlord promptly upon demand for the cost thereof, including interest thereon at the Default Rate. If Landlord refuses or neglects its duties to make repairs to the exterior walls and foundation of the Premises under this Section 10, then, at the expiration of thirty (30) days' written demand to Tenant (or without demand in the case of emergency), Tenant may, but is not required to, make, perform or cause such repairs as it deems necessary and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event Landlord agrees that Tenant should require supplemental HVAC may offset any amounts expended by it in making such repairs against any amounts due and payable hereunder for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseRent.

Repairs and Maintenance. 10.1 Tenant’s Care of the Premises and Building. During the Term (a) Tenant shall: 10.1.1 keep , at its expense, throughout the term of this Lease, take good care of and maintain in good order and condition the Premises and the fixtures, appurtenances fixtures (other than sanitary fixtures in the core bathrooms that were installed by Landlord) and improvements therein in good order therein, including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 hereof and condition; 10.1.2 Tenant’s Property, reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to this Lease, excepted. The foregoing exclusion is not intended to imply any obligation on the part of Landlord to make repairs resulting from such causes, but to free Tenant from the mandatory obligation as opposed to the responsibility for repairs or maintenance the need for which arises from such causes. Except with regard to any repairs resulting from Landlord’s (or Landlord’s agents, contractors or any other persons under Landlord’s control) negligent or wrongful acts or omissions, Tenant shall be responsible for any non-structural repairs in and replacements to the interior of the Premises. Furthermore, Tenant shall be responsible for the cost of all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Building and the facilities and systems thereof and in and to the Premises required because the need for which arises out of: (a) the performance or use by Tenant of any Alterations in the Premises, (b) the moving of Tenant’s misuse fixtures, furniture and equipment in or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because out of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenancesunless caused by the misuse, as well as all damages sustained by Tenant neglect or the Building due to any waste, misuse or neglect willful misconduct of the Premises by TenantLandlord, its agents, contractors, employees or licensees,except to any other persons under Landlord’s control, (c) the extent misuse, neglect or willful misconduct of Tenant or any of its subtenants or its or their employees, agents, contractors or any other persons under Tenant’s control, or (d) design flaws in any of Tenant’s plans and specifications regardless of the fact that the repair of such damage is covered Tenant’s plans may have been approved by Landlord’s insurance ; unless such plans and specifications were designed by the engineer then designated by Landlord, as required hereunder; and 10.1.5 provided in Section 11.02(c) hereof. After the Effective Date, Tenant, at its expense, shall be responsible for the repair, maintenance and replacement of all distribution portions of the systems and facilities of the Building within and exclusively serving the Premises, including, without limitation, the sanitary (if any) and electrical fixtures installed by Tenant and equipment therein but specifically excluding the base Building perimeter HVAC induction units. In the event that Tenant should require supplemental HVAC for shall install any executive bathrooms or showers in the Premises, Tenant shall be solely responsible for any maintenance maintenance, repair and/or replacement required work and/or any damages to the Building that arises in connection therewith. All repairs in or to the Premises for such supplemental service which Tenant is responsible shall be performed by Tenant in a prompt manner and in accordance with Tenant. In addition ’s obligations under this Lease; provided, however, any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. performed by Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, at reasonable, commercially competitive rates. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts the Building and all responsibility for the maintenance, upkeep, repair and replacement thereof. (b) Landlord shall, at its expense, keep and maintain the Building in good repair and in a condition comparable to similar first-class office buildings in the Wall Street area. Except to the extent Tenant is responsible for the same in accordance with the provisions of subsection 13.01(a) hereof, Landlord shall make all necessary repairs (structural and non-structural) to the facilities and systems of the Building, the public portions and common areas of the Building, the structural components of the Building and the public portions of the Land. Landlord shall be responsible, at its sole cost and expense, for repairing any damage to the Premises caused by Landlord’s misuse, willful misconduct or negligent act or omission or that of its agents, employees, contractors or any other person or entity under Landlord’s control. Landlord shall perform and complete any such repair upon reasonable advance notice to Tenant in accordance with Section 16.03 hereof and in such a manner as to minimize interference with Tenant’s use of the Premises. However, nothing contained herein shall be construed to require Landlord to perform such repairs on an overtime or premium-pay basis unless (i) the performance of such work during Business Hours would have a material adverse affect on the conduct of Tenant’s business in the Premises, would substantially interfere with access to the Building or the Premises or would result in the stoppage of any Building systems; or (ii) such overtime or premium-pay basis is required to expedite the cure of a condition which presents an immediate danger to persons or property within the Premises. 13.02. Tenant shall give Landlord prompt notice of any defective condition of which Tenant has actual knowledge in any of the Building systems such as the plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises. Following such notice, Landlord shall promptly remedy the conditions at the expense of the party that is responsible for same under the provisions of this Article 13. 13.03. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to the right to increase the load fixtures, equipment or appurtenances of the floor Building or the Premises. Notwithstanding the foregoing or anything else to the contrary contained in this Lease, if for any reason other than as a direct result of the affirmative act or omission (where Tenant had a duty to act) of Tenant, Tenant is unable to operate and ceases the conduct of its normal business in all or in a portion of the Premises comprised of not less than 12,000 contiguous rentable square feet (such portion of the Premises being hereinafter referred to as the “Unusable Area”) and all of Tenant’s employees vacate the entire Premises or the Unusable Area, as the case may be, for a period in excess of five (5) consecutive Business Days (hereinafter called the “Threshold Period”), then beginning upon the day following the expiration of the Threshold Period and continuing thereafter until the date that Tenant resumes the normal conduct of its business in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves Premises or the right to reasonably prescribeUnusable Area, in order not to exceed as the maximum loadcase may be, or the date on which the same are once again usable by Tenant for the normal operation of its business, whichever occurs earlier, the weight Fixed Rent and position Additional Charges payable pursuant to Article 3 hereof shall be fully abated in the event the entire Premises is unusable or abated in the proportion that the number of all heavy equipment brought onto rentable square feet in the Unusable Area bears to the number of rentable square feet in the entire Premises, as the case may be. If the Premises or the Unusable Area shall remain untenantable for a period of 420 consecutive days and prescribe any reinforcing required under throughout such 420-day period Tenant ceases to conduct its business in the circumstancesPremises or the Unusable Area, all such reinforcing to be at as the case may be, and none of Tenant’s expenseemployees use the Premises or the Unusable Area, as the case may be, for the conduct of business therein, then Tenant shall, upon notice to Landlord given within ten (10) days following the expiration of such 420-day period, be permitted to terminate this Lease in whole (if the entire Premises shall have been so unusable) or with respect to the Unusable Area only, as the case may be. Inspections by Tenant or attempts by Tenant to retrieve records, personal property and equipment from the Premises or the Unusable Area shall not deem said space tenantable.

Repairs and Maintenance. 10.1 Except as otherwise provided in this Article, Tenant’s Care , at its sole cost and expense, shall maintain each of the Premises Demised Properties and Building. During the Term Tenant shall: 10.1.1 keep the Premises each part thereof, structural and the fixturesnon-structural, appurtenances and improvements therein in good order order, condition and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition; 10.1.2 make repairs , and replacements ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the Premises required because terms and conditions of Tenant’s misuse Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or primary negligenceunforeseen, except but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant shall ensure that the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the extent need for such Repairs; (c) all Repairs shall fully comply with applicable Law, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligenceapplicable Demised Property, and are not covered any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s insurance as required hereunder;franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 10.1.4 pay 1. [***] Indicates material that has been omitted and for all damage which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Building, its fixtures Securities and appurtenancesExchange Act of 1934, as well as all damages sustained by amended. storage tanks, and Tenant hereby expressly waives the right to make Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenanthereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice of the need therefor from Landlord or any other Person describing the applicable Repair or other obligation, then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall not place pay to Landlord all costs and expenses incurred by Landlord as a load upon any floor consequence of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at TenantLandlord’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expenseactions.

Repairs and Maintenance. 10.1 Tenant’s Care Tenant agrees, throughout the Lease term, to maintain the Leased Property, including the interior and exterior portions of the Premises building being leased hereunder, and Building. During the Term Tenant shall: 10.1.1 keep the Premises any improvements thereon, in a clean and the fixturessafe manner and to make, appurtenances and improvements therein in good order and condition; 10.1.2 make at its expense, such ordinary repairs and replacements as may be required to keep said Leased Property and the Premises interior and exterior of said building and improvements in good condition (excluding repairs and replacements necessitated by a fire or other casualty insurable under a standard form All Risk Fire and Extended Coverage Insurance Policy), ordinary wear and tear, damage by the elements and any obligations of Landlord excepted. * All warranties transferred to Tenant. Tenant further agrees to make, at its own expense less a $250 per agreed-upon instance Landlord contribution, all major repairs and replacements required because of Tenant’s misuse or primary negligenceto maintain the utility systems including the HVAC, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair plumbing and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligenceelectric systems, and are not covered by Tenant’s insurance to maintain the exterior portion of the Leased Property in a good and safe condition; and to make at its expense, such major repairs, replacements and improvements as may be required hereunder; 10.1.4 pay for to keep the utility systems of the Leased Property and interior and exterior of said building and improvements in compliance with all damage applicable federal, state and municipal laws and all applicable rules, regulations and directives of properly constituted governmental authorities. Landlord agrees to maintain the Buildingfoundations, its fixtures roof and appurtenances, as well as all damages sustained by Tenant or structural portions of the exterior walls of the Building due to any waste, misuse or neglect (except for glass and exterior doors and repairs necessitated by acts of the Premises by Tenant, Tenant and/or its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 invitees). In the event that the building situate upon the Leased Property should become in need of repairs, replacements, or improvements required to be made by the Landlord hereunder, Tenant should require supplemental HVAC shall give written notice thereof to Landlord, and Landlord shall proceed promptly to make such repairs, replacements or improvements, at its own expense. In the event that the need for the Premisesrepairs, any maintenance repair and/or replacement required for such supplemental service replacements or restorations shall be performed caused by Tenant. In addition fire or other casualty or by taking under the power of eminent domain, the obligations of Landlord and Tenant shall not place a load upon any floor of be determined in accordance with Paragraph 12 or 17 as the Premises exceeding the floor load per square foot area which such floor was designed to carry and which case may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensebe.

Repairs and Maintenance. 10.1 Tenant’s Care 18.1. Landlord shall repair and maintain the structural and exterior portions of the Premises Building (including the roof and Building. During any structural or exterior portions of Common Areas in the Term Tenant shall: 10.1.1 keep the Premises Demised Premises) and the fixturesstructural and exterior and interior portions of the Common Areas, appurtenances including, without limitations, roofing and improvements therein covering materials, foundations, exterior walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems (excluding any Building Systems exclusively serving the Demised Premise) installed or furnished by Landlord (and the full cost thereof shall be included as a part of Operating Expenses), unless such maintenance or repairs are required in good order and condition; 10.1.2 make repairs and replacements to the Premises required whole or in part because of Tenant’s misuse any act, neglect, fault of or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because omissions of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises duty by Tenant, its agents, servants, employees or licensees,except invitees, in which case Tenant shall pay to Landlord the extent that the repair cost of such maintenance and repairs. 18.2. Subject to Section 22 and except for services of Landlord, if any, required by Sections 18.1, Tenant shall at Tenant's sole cost and expense keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, including, without limitation, all Building Systems exclusively serving the Demised Premises. Subject to Section 22, Tenant shall, upon the expiration or earlier termination of this Lease, surrender the Demised Premises to Landlord in as good as condition as when received, ordinary wear and tear excepted. Other than as specifically set forth in Section 18.1 and in the Work Letter, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance which is covered an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Tenant waives the rights under any applicable law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s insurance 's expense. 18.4. Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as required hereunder; andOperating Expenses. 10.1.5 18.5. This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building and any related facilities. In the event that Tenant should require supplemental HVAC for the Premisesof fire, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. In addition Tenant earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 18 shall not place a load upon any floor be applicable and the provisions of the Premises exceeding the floor load per square foot area which such floor was designed to carry Article 22 shall apply and which may be allowed under Applicable Laws. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expensecontrol.

Repairs and Maintenance. 10.1 Landlord shall, at its sole cost and expense, be responsible for the maintenance of the complete roofing system (including repair of leaks), building structure, including but not limited to extension walls, load bearing columns, foundation and floor slab. In addition, Landlord shall be directly responsible for maintenance of the exterior grounds including without limitation, landscaping and snow removal. Notwithstanding such obligation, Tenant shall be solely responsible for repairing any damage to the Premises which is caused by any negligent act or intentional act or omission of Tenant, Tenant’s Care agents, employees, or invitees. Except for those obligations specifically set forth as Landlord obligations in this Section, Tenant shall be responsible for and shall take good care of the Premises and Building. During the Term Tenant shall: 10.1.1 fixtures in the Premises and shall keep the Premises and the fixtures, appurtenances and improvements therein in good order order, condition, and condition; 10.1.2 make repairs repair at the Tenant's expense during the Term, including the replacement of all interior broken glass broken by the Tenant with glass of the same size and replacements to the Premises required because of quality. Tenant’s misuse or primary negligence, except to obligation shall include the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair routine maintenance of HVAC and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building due to any waste, misuse or neglect of the Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for other mechanical systems serving the Premises, any the interior surface of exterior walls, windows, doors, or plate glass. Tenant’s HVAC maintenance repair and/or replacement required for such supplemental service shall be performed by Tenantlimited to routine maintenance, filter replacement, and annual service inspections only. In addition Any capital replacement (including replacement of an HVAC system) shall be the Landlord’s responsibility. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall not place a load upon any floor of promptly pay the Premises exceeding Landlord for the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Lawscost thereof as additional rent. Landlord represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to increase the load of the floor in the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant’s expense.On the