Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good 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, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.

Repairs and Maintenance. Except as otherwise provided in this Article, TenantTenant shall, at its expense, throughout the Term, keep, maintain and preserve, in good condition and repair, the Premises and the fixtures and appurtenances therein. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning (“HVAC”) servicing the Premises, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. Throughout the Term, Tenant shall maintain, at its own expense, an HVAC maintenance contract that is reasonably acceptable to Landlord. Notwithstanding anything herein to the contrary, in the event that any HVAC unit(s) or any major component of the HVAC unit(s) (i.e., the air-handler, compressor, coil or condenser) serving the Premises requires replacement (rather than repair), as reasonably determined by Landlord, during the Term of the Lease, then Landlord, not Tenant, shall replace the HVAC unit(s) or applicable component of any such HVAC unit(s) at Landlord’s sole cost and expense; provided, however, that in the event any such replacement is necessary due to (a) the negligence or misconduct of Tenant or the Tenant’s Parties, or (b) Tenant’s failure to repair and maintain the HVAC unit(s) or the misuse of the Premises by Tenant or the Tenant’s Parties, then Tenant, and not Landlord, shall maintain each be solely responsible for the total cost of any such replacement of the Demised Properties applicable HVAC unit(s) or major component thereof and each part thereofTenant shall pay such amount to Landlord, structural as Additional Rent under the Lease, within ten (10) days after the delivery to Tenant of written demand, together with supporting invoices, therefor. Landlord shall repair, replace and nonrestore the Common Areas and the foundation, exterior and interior load-structuralbearing walls, roof structure and roof covering and tuckpointing of the Building and the cost of all such matters performed by Landlord shall constitute Operating Expenses. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in good orderits sole discretion following Tenant’s failure to cure following delivery of written notice to Tenant, condition to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall reimburse Landlord for the cost or value of all General Maintenance Services provided by Landlord as Additional Rent. Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall be construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in this Section 14, to repair, including all areas outside maintain, restore or replace any portion 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 buildingsPremises. Landlord may from time to time, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitationits sole discretion, (a) no Repairs shall result in any structural damage reduce or expand the scope of the General Maintenance Services that Landlord has elected to any Demised Properties provide or any injury to any persons, (b) Tenant shall ensure that the quality of materials and workmanship of revoke its election to provide any Repairs meets or exceeds the quality of materials and workmanship all of the Improvements prior to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsGeneral Maintenance Services.

Repairs and Maintenance. Except as otherwise provided Lessor shall not be liable to Lessee for any repairs necessitated by some act or neglect of Lessee or any Permittee, or any contractor, agent, employee, invitee of any of the aforesaid or, for any damage to merchandise, trade fixtures, or personal property of Lessee in this Articlethe leased premises caused by water leakage from the roof, Tenantwater lines, at its sole cost sprinklers or heating and expenseair conditioning equipment. Lessee shall be liable for all repairs and replacements, ordinary and extraordinary, other than those for which Lessor is responsible, and shall maintain each in the leased premises in good order and repair, clean, sanitary and safe, including the replacement and maintenance of equipment, fixtures, improvements, floor covering, the Demised Properties exterior and each interior portions of all doors, door locks, security gates and windows, plumbing and sewage facilities, heating and air conditioning equipment, walls, ceilings, and all plate glass. Lessee shall, as part of its maintenance and repair obligations hereunder, enter into a service contract with a local, approved contractor for service, maintenance and repair of all heating, ventilation and air conditioning equipment within and servicing the leased premises, which shall provide for servicing by such contractor no less often than quarterly. A copy of such contract shall be delivered to the Lessor annually. If Lessee refuses or neglects to make repairs and/or maintain the leased premises, or any part thereof, structural and non-structural, in good 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 conditionmanner reasonably satisfactory to Lessor, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord Lessor shall have no duty whatsoever to maintainthe right, replace, upgrade, or repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of upon giving Lessee reasonable written notice of its election to do so, to make repair or perform such maintenance on behalf of and for the need therefor account of Lessee. In such event, such work shall be paid for by Lessee as additional rental promptly upon receipt of a xxxx therefor. Lessee further agrees to paint the interior of the leased premises when necessary in order to maintain at all times a clean and sightly appearance. Nothing herein shall imply any duty on Lessor to do any work which Lessor is not specifically and expressly required to perform under this Lease or which, under any provisions of this Lease, Lessee may be required to perform; and, the performing thereof by Lessor shall not constitute a waiver of Lessee's default in failing to perform the same. Lessee acknowledges that the foregoing provisions of this paragraph shall apply and become effective from Landlord or any other Person describing and after the applicable Repair or other obligation, then Landlord date Lessee or its agents may or contractors enter the Demised Properties leased premises or undertake activities permitted hereunder. Lessee shall indemnify Lessor against, and hold it harmless from, any claims, demands, or actions against Lessor or its agents, employees or contractors for the purpose of making such Repairs losses or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses damages incurred by Landlord as a consequence Lessor or its agents, employees or contractors arising out of such Landlord’s actionsor in any way connected with Lessee's failure to perform its obligations or observe any covenants under this paragraph.

Repairs and Maintenance. Except a. This is an absolute “Triple Net” Lease. It is a single-use and free-standing building with no other improvements on the Property. As a result the Tenant agrees that it shall maintain, replace, repair and keep all portions of the Premises which include but are not limited to all structural components (including any foundation members, supports, load-bearing members and walls and the roof) as otherwise provided well as the interior wall surfaces from the exterior of any such wall inward, storefront glass, doors (including storefront automatic doors and service doors), door hardware, plumbing, electrical and mechanical equipment which exclusively serve the Premises, and the Property, and every component therein, in this Articlegood order, operating condition, maintenance and repair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation condition and repair. Tenant shall also keep the Premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which the Shopping Center is located; and such other local, state or federal governmental authorities with jurisdiction over the Premises (collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Premises, and shall, at its own cost and expense, replace with glass of the same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Premises. Tenant shall dispose of all trash and waste materials in outside trash containers to be located in the designated trash areas or enclosures. Tenant shall flatten all boxes for dumping of trash. Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the Premises that may be broken or damaged during the Lease Term. Tenant, in keeping the Premises in good order, condition, and repair, shall exercise The Tenant will also maintain the HVAC system as required for reasonable mechanical integrity on a quarterly basis. Tenant understands and specifically agrees that as part of its obligation to maintain and repair the Premises and Property, that if required, the Tenant shall undertake at its sole cost and expenseexpense any improvements deemed to be “Capital Improvements” (as that term is generally defined by generally accepted accounting principals.) which may include the replacement or repaving of any parking field, roof or structural component. Any such Capital Improvements when made shall maintain each be deemed to be fixtures on the Premises and Property and shall absolutely belong to the Landlord. To the extent that any such improvement requires the transfer to the Landlord by any instrument (including xxxx of sale or deed) then the Demised Properties Tenant shall execute any such document so as to evidence the Tenant’s intent to transfer any such interest to the Landlord. In addition to other rights and each part thereofremedies available to Landlord pursuant to this Lease, structural if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Premises after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall be required), perform such obligations on Tenant’s behalf, and non-structural, put the Premises in good 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 at Tenant’s expense. Notwithstanding the Demised Properties), and including any roof on any buildingsforegoing, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station event Tenant commences any repair or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseenmaintenance as required hereunder during said 45-day period, but subject is unable to Article 11 and Article 12. Without limitationcomplete the same using commercially reasonable efforts, (a) no Repairs shall result in any structural damage Tenant will be permitted to any Demised Properties complete such repair or any injury to any persons, (b) maintenance so long as Tenant shall ensure that the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship is diligently pursuing completion of the Improvements prior to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssame.

Repairs and Maintenance. Except as otherwise provided set forth in this ArticleLease, Tenant----------------------- Lessee shall, at its Lessee's sole cost and expense, shall maintain each the Premises and adjacent areas in good, clean and safe condition and repair to the satisfaction of the Demised Properties Lessor any damage caused by Lessee or its employees, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, and each part thereofexcept as otherwise set forth in this Lease, structural Lessee shall be solely responsible for maintaining and non-structuralrepairing all plumbing, electrical wiring and equipment, lighting and interior wall, to the extent such are within the perimeter walls of the Building. Lessor may repair the heating, ventilation and air conditioning systems servicing the Building as deemed necessary by Lessor and Lessee shall pay the cost of such repairs. Notwithstanding anything to the contrary contained herein, any capital improvements mandated by law shall be prorated over the life of the improvement, as determined by GAAP, and prorated over Lessee's remaining Lease term. Except for repairs rendered necessary by the negligence of Lessee, its agents, customers, employees and invitees, Lessor agrees, at Lessor's sole cost and expense, to keep in good 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 repair the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 portions of the Improvements prior to roof, foundations and exterior walls of the need Premises (exclusive of glass and exterior doors) and underground utility and sewer pipes outside the exterior walls of the Building. Lessor agrees that repair costs of the roof membrane in excess of one thousand five hundred dollars ($1,500) per year shall be at Lessor's cost and expense. Except for such Repairs; (c) all Repairs shall fully comply with applicable Lawnormal maintenance and repair of the items outlined above, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord Lessee shall have no duty whatsoever right of access to maintain, replace, upgrade, or repair install any portion device on the roof of the Demised Properties, including Building nor make any structural items, roof or roofing materials, or any aboveground or underground 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice penetrations of the need therefor from Landlord or any other Person describing roof of the applicable Repair or other obligation, then Landlord or its agents may enter Building without the Demised Properties for the purpose express prior written consent of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsLessor.

Repairs and Maintenance. Except as otherwise provided in A. Subject to provisions of paragraph 15 of this ArticleLease, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresand irrigation. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and trash compacting and loading areas on Lessee shall pay to Lessor, within ten (10) business days of Lessor’s invoice to Lessee therefor, Lessee’s pro-rata share of such repairs, replacements, alterations or improvements. In the Demised Properties)event that the cost of any replacement or improvement exceeds $25,000 per occurrence, and including any roof on any buildingsthe amount in excess of $25,000 shall be amortized, in a neat and clean condition, and 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 straight line basis) and, subject over the useful life of such replacements or improvements as reasonably determined by Lessor using manufacturers’ guidelines. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseenuseful life coincides with the lease term. Notwithstanding the foregoing, but subject to Article 11 the provisions of Paragraph 9.D of this Lease, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and Article 12. Without maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, and lighting, systems in good and sanitary order, condition, and repair. Lessor shall maintain a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed and insuranced contractor. Lessee shall reimburse Lessor pursuant to Paragraph 10 above for the cost of said maintenance contract. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the cost of such maintenance or repairs on the later of: (a) no Repairs shall result in any structural damage to any Demised Properties the next date upon which rent becomes due; or any injury to any persons, (b) Tenant shall ensure that the quality within ten (10) business days following receipt of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by TenantLessor’s franchisor (if applicable)invoice. 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 storage tanks, and Tenant Lessee hereby expressly waives the right provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 1942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. A. Subject to provisions of Paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises are located in good order and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance are required because of an act or omission of Lessee, or its agents, employees or invitees, Lessee shall pay to Lessor upon demand 100% of the costs of such repair or maintenance. B. Except as otherwise expressly provided in this ArticleSubparagraph (A) above, TenantLessee shall, at its sole cost cost, keep and expense, shall maintain each of the Demised Properties entire Premises and each every part thereof, structural including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and non-structuralpartitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good and sanitary order, condition and repair. Lessee shall, including all areas outside at its own expense, for the duration of any buildings (including all sidewalksthis Lease, drivewaysretain a service company, landscapingapproved by Lessor, trash enclosuresto provide routine maintenance and repairs of the heating, ventilation, and trash compacting air conditioning system. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and loading areas without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the cost of such maintenance or repairs on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provision of Sub-section 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amendedprovided in Section 1942 of said Civil Code. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsSEE PARAGRAPH 38 OF ADDENDUM ATTACHED HERETO AND MADE PART HEREOF.

Repairs and Maintenance. Except as otherwise provided in A. The Department shall, at its cost and expense, provide all major repairs and maintenance required to preserve the buildings and equipment furnished by the Department under this ArticleLease, Tenantwith the exception of any damage due to negligence of the Concessionaire, the Concessionaire's employees, or the Concessionaire's agents and/or representatives. In such an event, the Concessionaire shall be responsible for all necessary repairs or replacements. The Department's responsibilities include but are not limited to: - major structural repair - exterior painting - maintenance and repair of sidewalks, steps, railings, roofs, gutters and downspouts - water heater repair and replacement - plumbing repair and replacement - major electrical system repair and replacement - major dock repair - window and door replacement - light fixture repair and replacement, not including bulbs - maintenance and repair of HVAC B. The Concessionaire shall, during the term of this Lease, at its sole cost and expense, provide all routine maintenance and repairs to preserve the buildings furnished by the Department under this Lease. Such routine maintenance and repairs shall maintain each include, but shall not be limited to: - interior painting of buildings with prior approval of the Demised Properties park manager - drain cleaning and each part thereofmaintenance within the confines of the concession buildings - replacement of light bulbs - screen replacement - door repair - hood and ventilation system cleaning and annual inspections and servicing - electrical wiring necessitated by additional equipment of the Concessionaire - furnace cleaning and furnace filter replacement - all repair to equipment supplied by the Department, structural including, but not limited to, repair of rental boats and non-structuralmotors The above lists of maintenance responsibilities are not indicative of all responsibilities, but are provided to give examples of major and routine repairs and maintenance. C. The Department shall be responsible for all rebuilding, restoration and replacement of Department property necessitated by fire, windstorm, or other natural casualty not resulting from the negligence or intentional act of the Concessionaire, its agents or employees, in good orderaccordance with Section 20 of this Lease. The Concessionaire shall be responsible for all rebuilding, condition restoration and repairreplacement of Department property necessitated by casualty resulting from the negligence or intentional act of the Concessionaire, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas its agents or employees. D. It is agreed that the equipment listed on the Demised Properties)attached inventory, “Attachment A,” and including any roof on any buildings, in a neat and clean condition, and ensuring that debris made available during the initial period of this lease is subject to removal from service with no replacement if the operation of each convenience food store and/or retail automobile fuel station Department is unable or unwilling to replace such equipment which becomes economically unfeasible to repair due to age or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionscause.

Repairs and Maintenance. A. Except as otherwise provided expressly set forth in this ArticleSection 5.F below, TenantTenant shall, at its sole own cost and expense, shall keep and maintain each all parts of the Demised Properties premises in good condition, promptly making all necessary repairs and each part thereofreplacements, interior and exterior, structural and non-structural, in good order, condition ordinary and repairextraordinary, including all areas outside but not limited to, windows, glass and plate glass, doors and any special office entry, walls and finish work, floors and floor covering, roof, foundation, down- spouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any buildings (grass, trimming, weed removal and general landscape maintenance, including all sidewalksrail spur areas, keeping the parking areas, driveways, landscaping, trash enclosures, alleys and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, whole of the premises in a neat clean and clean sanitary condition, and ensuring that debris maintaining any spur track serving the premises (Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the premises, if requested by the railroad company). Tenant shall at its own cost and expense repaint exterior overhead doors, canopies, entries, handrails, gutters, and other exposed parts of the building which reasonably require periodic repainting to prevent deterioration or to maintain aesthetic standards. B. The cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and the operation tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, as its sole cost and expense, promptly repair any damage or injury to any party wall caused by Tenant or its employees, agents or invitees. C. In the event the premises constitute a portion of each convenience food store and/or retail automobile fuel station or other Permitted Use on a multiple occupancy building, Tenant and its employees, customers and licensees shall have the Demised Properties is cleaned and removed on a regular basis) andexclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe, Further, in multiple occupancy buildings, Landlord reserves the terms right to perform the roof, paving, and conditions of Article 6landscape maintenance, shall make any necessary Repairs theretoexterior painting and common sewage line plumbing which are otherwise Tenant's obligations under subparagraph A above, interior and exteriorTenant shall, whether extraordinary, foreseen or unforeseen, 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 lieu of the Improvements prior obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4(B) above) of the need cost and expense of the care for such Repairs; (c) all Repairs shall fully comply with applicable Lawthe grounds around the building, including but not limited so, the requirements mowing of any covenantsgrass, conditionscare of shrubs, restrictions or other permitted encumbrances general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant hereby expressly waives the right to make Repairs at the expense require Tenant so pay such other reasonable proportion of Landlordsaid mowing, which right shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the building can be clearly identified as being responsible for in any applicable Law now obstruction or hereinafter in effect. In addition to Landlord’s rights under Section 15.02stoppage of the common sanitary sewage lien then Tenant, if Tenant fails is responsible, or neglects to commence such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay when due its share, determined as aforesaid, of such costs and diligently proceed 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed expenses along with the Securities and Exchange Commission pursuant other tenants of the building to Rule 24b-2 under the Securities and Exchange Act of 1934Landlord upon demand, as amendedadditional rent, for the amount of its share as aforesaid of such costs and expenses in the events Landlord elects to perform or cause to be performed such work. (See Addendum Paragraph 3) D. In the event the premises constitute a portion of a multiple occupancy building, Landlord shall be responsible for coordinating any repairs and other maintenance of any rail tracks serving or to serve the building, and if Tenant uses such rail tracks, Tenant shall reimburse Landlord from time to time upon demand, as additional rent, for a share of the costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share so be a fraction the numerator of which is the space contained in the premises, and the denominator of which is the entire space occupied by rail users in the building. E. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all Repairs or fulfill its other obligations as set forth above heating and air conditioning systems and equipment within the premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days after receipt of written notice of the need therefor from Landlord or any other Person describing date Tenant takes possession of 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 obligationspremises. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.(See Addendum Paragraph 4)

Repairs and Maintenance. Except as otherwise provided in this ArticleA. Subject to provisions of Section 15, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresirrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to its obligations above. Lessee shall pay to Lessor, within twenty (20) days of Lessor’s invoice to Lessee therefore, Lessee’s Pro-Rata Share of such repairs, replacements, alterations or improvements. In the event that the cost of any replacement or improvement required pursuant to the above obligation exceeds $20,000 per occurrence, the amount in excess of $20,000 shall be amortized over the useful life of such replacements or improvements. Lessee shall be responsible to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Section 11(A) above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and trash compacting and loading areas on the Demised Properties)electrical, plumbing, lighting, heating, and including any roof on any buildingsair conditioning systems in good and sanitary order, in a neat and clean condition, and ensuring that debris from repair. Lessee shall, at all times during the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on Lease term and at his expense, have in effect a service contract for the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 maintenance of the Improvements prior to the need for such Repairs; (c) all Repairs shall fully comply with applicable Lawheating, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Propertyventilating, and any applicable air-conditioning (HVAC) equipment with an HVAC repair standards and requirements promulgated maintenance contractor approved by Tenant Lessor which provides for its periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor make repairs required of Lessee hereunder within ten (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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (3010) days after receipt of written notice of from Lessor, lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the need therefor from Landlord or any other Person describing the applicable Repair or other obligationsame, then Landlord or its agents may enter the Demised Properties and in that event, Lessee shall reimburse Lessor as additional rent for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence cost of such Landlord’s actionsmaintenance or repairs on the next date upon which rent becomes due.

Repairs and Maintenance. Except as otherwise provided 5.2 The Lessee shall keep the Leased Premises in good order and repair, reasonable wear and tear excepted. The Lessee shall repair or replace all broken or damaged doors, windows, fixtures and other portions of the Leased Premises. Notwithstanding the foregoing, the Lessee shall have no duty to make structural repairs to the Leased Premises unless the damage thereto has been caused by the act or omission of the Lessee or any failure by the Lessee to observe or perform any of its duties or obligations under this ArticleLease. 5.3 The Lessee shall not overload the floors nor install any heavy machinery or other heavy equipment of any kind without first obtaining the prior written consent of the Lessor, Tenantwhich, if granted, may be conditioned upon the moving of such machinery and equipment by skilled, licensed handlers and installation and maintenance, at its Lessee's sole cost and expense, of special reinforcing and settings adequate to absorb and prevent noise and vibration. 5.4 The Lessor shall repair and maintain each the Leased Premises at Lessor's expense, except for any damage thereto caused by any act or omission of the Demised Properties Lessee or any failure by the Lessee to observe or perform any of its duties and each part thereof, structural and non-structuralobligations under this Lease, in good 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, and 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 which event such damage shall be promptly repaired to the terms Lessor's satisfaction at the sole cost and conditions expense of Article 6the Lessee, so that the Leased Premises shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, have: (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, effective waterproofing and weather protection of roof and exterior walls; (b) Tenant shall ensure plumbing facilities that substantially conform to applicable law in effect at the quality time of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the need for such Repairs; installation; (c) all Repairs shall fully comply heating facilities which substantially conform with applicable Lawlaw at the time of installation; (d) electrical lighting, with wiring and electrical equipment, which substantially conform with applicable law at the requirements time of any covenantsinstallation; and (e) floors, conditionsstairways and railings maintained in good repair; provided, restrictions or other permitted encumbrances however, that are of record regarding notwithstanding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord foregoing the Lessor 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 storage tanks, and Tenant hereby expressly waives the right to make Repairs at any repairs otherwise required by this Section unless and until the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written Lessor shall have received notice of the need therefor therefore 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsLessee.

Repairs and Maintenance. Except as otherwise provided Lessor shall repair, replace and maintain the roof, structural systems, and exterior walls, floor, parking area and walkways, plumbing, electrical and other operating systems, area landscaping and other common areas or systems in this Article, Tenant, good condition and repair at its sole cost and own expense, subject to reimbursement as an Operating Expense where provided by Section 4.2; provided, however, that Lessee shall be responsible for areas damaged through Lessee's gross negligence or willful misconduct. Lessee shall maintain each the balance of the Demised Properties Premises and each part thereofappurtenances, structural including heating and non-structuralair conditioning units installed by Lessee which serve the Premises, in good order, condition and repairrepair at his expense, including all areas outside reasonable wear and tear and damage by fire or other casualty excepted. Lessor represents and warrants that, as of any buildings (including all sidewalksthe Lease Commencement Date, drivewaysthe roof structure, landscaping, trash enclosuresfire sprinkler system, and trash compacting structural integrity of the walls and loading areas on the Demised Properties)foundation are in good condition, functioning properly, and including any roof on any buildingsnot in need of repair. If Lessee shall fail to keep the Premises properly repaired, in a neat and clean conditionLessor may do so (but is not obligated) after providing Lessee with not less than ten (10) business days prior written notice of its intent to do so, and ensuring that debris from the operation reasonable cost 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 terms and conditions of Article 6, such repair shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated be paid by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above Lessee within thirty (30) days following presentation of a detailed invoice for such costs. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers' and construction warranties related to any work or repair to be performed by Lessor. When Lessor has an obligation to repair, Lessor shall repair such item(s) or area(s) within ten (10)days after receipt of written notice from Lessee, unless due to the nature of such repair, more than ten(10) days are needed to repair in which case Lessor shall begin such repair within ten(10)days and diligently pursue such repair to completion. If Lessor fails to repair the need therefor from Landlord or Premises within such time, then Lessee may repair the Premises and set off any damages against the rent and any other Person describing the applicable Repair amounts due hereunder or other obligationseek reimbursement from Lessor, then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant which Lessor shall pay to Lessee within thirty (30) days following presentation of a detailed invoice. If there is water intrusion in the Premises through the roof or exterior walls and where the Landlord all costs is responsible for the repairs and expenses incurred the Lessor is not able to effect immediate repairs after telephone notice by Landlord as a consequence the shift supervisor, Lessee may make emergency repairs to stop water intrusion and charge the reasonable cost of such Landlord’s actionsrepairs to Lessor which shall be paid as provided by this section.

Repairs and Maintenance. Except as otherwise provided in this ArticleA. Subject to provisions of paragraph 15, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresirrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within twenty (20) days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay the proportionof the costs or expense attributable to Lessee's acts to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and trash compacting and loading areas on the Demised Properties)electrical, plumbing, lighting, heating, and including any roof on any buildingsair conditioning systems in good and sanitary order, in a neat and clean condition, and ensuring repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that debris from event, Lessee shall reimburse Lessor as additional rent for the operation cost of each convenience food store and/or retail automobile fuel station such maintenance or other Permitted Use repairs on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. Except The DEPARTMENT shall cause the Facility, as otherwise defined above, including all materials and equipment owned and/or supplied by the DEPARTMENT, to be of a size, quantity, and quality typical of minimum security correctional institutions and of a sufficient quality to withstand the wear and tear normally associated with a community correctional facility. a) The DEPARTMENT shall ensure that all necessary repairs to the Facility's foundation, exterior and load bearing walls, roof, and the heating, cooling, ventilating, plumbing, and electrical systems are made when said repairs are properly reported by the VENDOR to the DEPARTMENT as a result of routine preventative maintenance checks conducted by the VENDOR and are not caused by negligent or willful act(s) or other activities of residents, or VENDOR staff, or resulting from a failure to properly supervise and/or manage VENDOR staff and/or provide positive correctional custody, control, and supervision of the resident population assigned to the Facility The VENDOR s Facility Administrator will coordinate all Facility maintenance activity. The DEPARTMENT is not responsible for the replacement, betterment, and/or improvements to the Facility, as defined above, or the equipment provided in this Articleby the DEPARTMENT. b) The VENDOR shall perform or provide for the performance of all preventative maintenance on all Facility property and equipment provided for and/or associated directly with the correctional custody, Tenantcontrol, at its sole cost and expensesupervision of the residents and the supervision and management of VENDOR staff. Additionally, the VENDOR shall maintain each all furnishings, equipment and facility structures in good operating order. c) The VENDOR shall perform or provide for the performance of all maintenance and make all repairs to the Demised Properties Facility and each part thereof, structural its fixtures and equipment except those repairs and non-structuraloperator maintenance to the Facility s foundation, in good orderexterior and load bearing walls, condition roof, and components of the Facility s heating, cooling, ventilating, plumbing, and electrical systems that are not caused by, negligent or willful act(s) or other activities of residents, or VENDOR staff, or resulting from a failure to provide positive correctional custody, control, and supervision of the resident population assigned to the Facility. d) The VENDOR shall maintain, repair, including and replace as necessary all areas outside of any buildings (including interior doors, locking devices, all sidewalkswindows, driveways, landscaping, trash enclosuresexterior lighting, and trash compacting and loading areas on the Demised Properties)all equipment required, used for, and/or intended to provide security, surveillance, and including any roof on any buildingsthe positive correctional control, in a neat and clean conditioncustody, and ensuring that debris from supervision of 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 resident population assigned to the terms Facility. Additionally, the VENDOR shall maintain, repair, and conditions of Article 6replace as necessary all facilities, shall make any necessary Repairs theretofixtures, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 equipment that are provided by 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 property of the Improvements prior DEPARTMENT, used exclusively by VENDOR staff. e) The VENDOR shall maintain and repair both storage buildings at their cost. The VENDOR shall be responsible for all grounds maintenance including upkeep of all landscaped areas, Challenge Course area and future landscaping/grounds projects at their cost. f) The VENDOR shall refer to the DEPARTMENT the need for any goods or services which the DEPARTMENT is responsible for providing. If the VENDOR incurs costs for such Repairs; (c) all Repairs shall fully comply with applicable Law, the requirements of any covenants, conditions, restrictions goods or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 obligationservices directly, then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling VENDOR will pay those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionscosts.

Repairs and Maintenance. Except as otherwise provided Lessor shall not be liable to Lessee for any repairs necessitated by some act or neglect of Lessee or any Permittee, or any contractor, agent, employee, invitee of any of the aforesaid or, for any damage to merchandise, trade fixtures, or personal property of Lessee in this Articlethe leased premises caused by water leakage from the roof, Tenantwater lines, at its sole cost sprinklers or heating and expenseair conditioning equipment. Lessee shall be liable for all repairs and replacements, ordinary and extraordinary, other than those for which Lessor is responsible, and shall maintain each in the leased premises in good order and repair, clean, sanitary and safe, including the replacement and maintenance of equipment, fixtures, improvements, floor covering, the Demised Properties exterior and each interior portions of all doors, door locks, security gates and windows, plumbing and sewage facilities, heating and air conditioning equipment, walls, ceilings, and all plate glass. Lessee shall, as part of its maintenance and repair obligations hereunder, enter into a service contract with a local, approved contractor for service, maintenance and repair of all heating, ventilation and air conditioning equipment within and servicing the leased premises, which shall provide for servicing by such contractor no less often than quarterly. A copy of such contract shall be delivered to the Lessor annually. If Lessee refuses or neglects to make repairs and/or maintain the leased promises, or any part thereof, structural and non-structural, in good 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 conditionmanner reasonably satisfactory to Lessor, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord Lessor shall have no duty whatsoever to maintainthe right, replace, upgrade, or repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of upon giving Lessee reasonable written notice of its election to do so, to make repair or perform such maintenance on behalf of and for the need therefor account of Lessee. In such event, such work shall be paid for by Lessee as additional rental promptly upon receipt of a xxxx therefor. Lessee further agrees to paint the interior of the leased premises when necessary in order to maintain at all times a clean and sightly appearance. Nothing herein shall imply any duty on Lessor to do any work which Lessor is not specifically and expressly required to perform under this Lease or which, under any provisions of this Lease, Lessee may be required to perform; and, the performing thereof by Lessor shall not constitute a waiver of Lessee's default in failing to perform the same. Lessee acknowledges that the foregoing provisions of this paragraph shall apply and become effective from Landlord or any other Person describing and after the applicable Repair or other obligation, then Landlord date Lessee or its agents may or contractors enter the Demised Properties leased premises or undertake activities permitted hereunder. Lessee shall indemnify Lessor against, and hold it harmless from, any claims, demands, or actions against Lessor or its agents, employees or contractors for the purpose of making such Repairs losses or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses damages incurred by Landlord as a consequence Lessor or its agents, employees or contractors arising out of such Landlord’s actionsor in any way connected with Lessee's failure to perform its obligations or observe any covenants under this paragraph.

Repairs and Maintenance. Except as otherwise provided The Lessor shall maintain the foundation, exterior walls (with the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) and exterior painting or other treatment of exterior walls, and the roof of the leased Premises in this Articlegood repair except that the Lessor shall not be required to make any repairs resulting from the negligence or acts of negligence on the behalf of the Lessee, Tenantits staff, employees, sublessees, licensees and concessionaires. The Lessee shall be responsible for maintenance of the common areas and common area equipment and furnishings. Any such repairs and/or maintenance in which the Lessor would be responsible, the Lessee agrees to provide Lessor with written notice of the needed repairs and/or maintenance, and Lessor shall ensure that any repairs and/or maintenance shall be made and completed within a reasonable time frame. Lessee shall notify the Lessor of any emergency repairs to be made. Lessee shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole cost and expense, shall maintain each of the Demised Properties make all needed repairs and each part thereof, structural and non-structural, in good order, condition and repairreplacements, including all areas outside replacement of any buildings (including all sidewalkscracked or broken glass, drivewayswindows, landscapingdoors, trash enclosuresdoor closure devices, door and trash compacting window frames, molding, locks and loading areas on hardware, except for repairs and replacements required to be made by the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effectLessor under this section. In addition the event that any repairs required to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with be made by the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.Lessee hereunder are not made within

Repairs and Maintenance. Except as otherwise provided Tenant agrees that Landlord shall have no obligation whatsoever in this Articlerespect of the repair, operation, maintenance, compliance and/or replacement of the Demised Premises and it is Tenant's obligation, at Tenant's sole cost and expense, to repair, operate, maintain and/or replace all and every part of the Demised Premises. In particular, without implied limitation: 12.1 Tenant shall, at its sole cost and expense, shall maintain each continuously cause the repair, maintenance, operation and/or replacement of the Demised Properties Premises to keep same in good and each part first-class order and repair and in such a fashion that the value and utility of the Demised Premises will not be diminished, and, at its sole cost and expense, will promptly make or cause to be made all necessary and appropriate repairs, replacements and renewals thereof, structural and non-structural, in good 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, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station whether interior or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. All repairs, but subject replacements and renewals shall be at least equal in quality and class to Article 11 the original Improvements. Tenant's obligation to repair shall include the obligation to rebuild in the event of destruction however caused. Neither the Minimum Annual Rent nor any Additional Rent shall be reduced and Article 12. Without limitation, (a) no Repairs Landlord shall result in not be liable under any structural damage to any Demised Properties circumstances for a loss of or any injury to any personsproperty, (b) Tenant shall ensure that loss of profits, or for injury to or interference with Tenant's business arising from or in connection with the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship condition of the Improvements prior Demised Premises (including without limitation due to the need for such Repairs; (clatent defects) 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by virtue of Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever 's failure to maintainmake any repairs, replacemaintenance, upgrade, alterations or repair improvements in or to any portion of the Demised PropertiesPremises or in or to fixtures, including appurtenances and equipment therein. Tenant hereby irrevocably waives and releases its right to make repairs at Landlord's expense under any structural itemsapplicable law, roof or roofing materialsstatute, or ordinance now or hereafter in effect. Tenant agrees, at its sole cost and expense, to keep the Demised Premises as a state of the art, "first run" movie theatre including, without limitation, to redecorate as appropriate and upgrade or replace sound, seating and viewing equipment as appropriate to maintain the Demised Premises as such state of the art, "first run" movie theatre. 12.2 Tenant shall keep the Demised Premises in good and sanitary condition and repair at Tenant's sole cost and expense including, without limitation, snow removal, painting and repainting, cleaning and rubbish removal. Should any aboveground law, standard or underground storage tanksregulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole cost and expense, to comply promptly with such laws, standards or regulations. 12.3 Tenant acknowledges and agrees that Landlord has never occupied or operated at the Demised Premises and that Landlord acquired the Demised Premises directly from Tenant (who constructed or had constructed the improvements on the Demised Premises) and Tenant hereby expressly waives agrees to undertake all of the right maintenance, repair, compliance and replacement responsibilities at the Demised Premises regardless of how or when such responsibilities arise or arose. 12.4 Tenant shall be solely responsible, at is sole cost and expense, to make Repairs the Demised Premises safe and secure for any all persons at the expense of LandlordDemised Premises and Tenant shall obtain and provide all such services, which right may be provided for in any applicable Law now including, without limitation, fire prevention, fire detection, sprinklers, alarm and security including guards (collectively, "Safety Items") as is necessary or hereinafter in effect. In addition appropriate to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 make the Demised Properties for Premises safe and secure. Without limiting the purpose of making such Repairs or fulfilling those obligations. foregoing, Tenant shall pay to Landlord all costs provide at least the amount and expenses incurred quality of Safety Items as are provided by Landlord as a consequence of such Landlord’s actionsother "first run" movie theatres.

Repairs and Maintenance. Except as otherwise provided in this Article, Tenant, Lessee at its sole own cost and expense, expense shall maintain each of keep the Demised Properties and each part thereof, structural and non-structural, Machine in good orderrepair, condition and repairworking order including routine adjustment and lubrication and other maintenance requirements as may be specified by any oral, including written or other form of instructions supplied by Lessor. Due to the 30 SEPTEMBER 1996 10 reciprocating nature of the mechanism and the speed limitations inherent in this type of equipment, the maximum operating speed of the Machine shall be clearly displayed on the Machine. If parts become worn or damaged as a result of Lessee operating the Machine in excess of the displayed maximum speed, cost of all areas outside labor, repairs and replacement parts shall be paid for by Lessee. Lessor agrees to replace, at Lessor's cost, and as soon as possible after receiving written notice thereof, any defective parts; provided, however, that Lessor shall not be liable to Lessee whatsoever for any damages or loss of product arising directly or indirectly out of a breakdown of the Machine due to such defective part. Lessor further agrees to replace, at Lessor's cost, and as soon as possible after receiving written notice thereof, any part that becomes inoperative due to normal wear and tear. Parts which become inoperative due to reasons other than defectiveness or normal wear and tear shall be replaced by Lessor, as soon as possible after receiving written notice thereof, but at Lessee's own cost. Lessee shall pay all labor costs for the installation of any buildings (including all sidewalksreplacement part furnished by Lessor under this Paragraph. Notwithstanding the foregoing, 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, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord Lessor shall have no duty whatsoever obligation to maintain, replace, upgrade, replace or repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, Machine's main drive electric motor unless same is defective and Tenant hereby expressly waives the right to make Repairs at the expense of Landlord, which right may be provided for Lessor is notified in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above writing thereof within thirty (30) days after receipt of written notice first (1st) use 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsMachine.

Repairs and Maintenance. Except as otherwise provided in this Article, Tenanta. Lessee shall, at its sole own cost and expense, keep the premises in good order and condition. Lessee further agrees and covenants, at its own cost, when attributable to tenant's negligence, to maintain the premises, including but not limited to, plumbing, electrical and lighting facilities and equipment, fixtures, walls, ceilings, windows, doors, and plate glass. If Lessee fails to make such repairs or replacements promptly after written demand, Lessor may, at its option, make such repairs or replacements without incurring liability for any loss or damages that may accrue to Lessee's property or business by reason thereof, and Lessee shall maintain each repay the cost thereof to Lessor on demand as additional rent, with interest at the rate of twenty percent (20%) per annum from the date of commencement of said repairs. Lessor shall keep the foundations, exterior walls and roof in good repair, as well as the HVAC system, underground pipes and conduits on the property, and the sprinkler system, and elevator system, except that Lessor shall not be required to make any such repairs which become necessary or desirable by reason of the Demised Properties negligence of Lessee, its agents, servants, or employees and each part thereofin all other respects, structural and non-structural, the leased premises shall at all times be kept in good 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, and ensuring repair by Lessee. If the Lessee refuses or neglects to repair promptly and adequately after written demand, Lessor may make the repairs without liability to Lessee for any loss or damage that debris may accrue to Lessee's stock or business by reason thereof, and if Lessor makes such repairs, Lessee will pay to Lessor, on demand, as additional rent, the cost thereof, with interest at the rate of twenty percent (20%) per annum from the operation date 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 terms and conditions commencement of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12said repairs. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant hereby expressly waives The Lessor reserves the right to make Repairs promulgate reasonable rules and regulations relating to the use of building area, including such limitations as may, in the opinion of the Lessor, be necessary and desirable. b. At the expiration or termination of the tenancy hereby created, Lessee shall surrender the leased premises in good condition, reasonable wear and tear excepted, and shall surrender all keys for the leased premises to the Lessor at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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, place then Landlord or its agents may enter the Demised Properties fixed for the purpose payment of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsrent.

Repairs and Maintenance. Except (a) Unless otherwise expressly provided, Lessor shall not be required to make any improvements, replacements or repairs of any kind or character on the leased premises during the term of this Lease except such repairs as otherwise are set forth in this subparagraph. Lessor shall at his expense maintain only the roof, foundation, parking area, landscaped areas, and the structural soundness of the exterior walls (excluding all overhead doors, if any, windows, plate glass, exterior glass, doors and other exterior openings) of the building in good repair and condition except for reasonable wear and tear. Lessee shall repair and pay for any damage caused by Lessee's negligence or default. Lessee shall immediately give written notice to Lessor of the need for repairs, and Lessor shall proceed promptly, after having had reasonable opportunity, to make the repairs. Lessor shall not be liable to Lessee, except as expressly provided in this ArticleLease, Tenantfor any damage or inconvenience. Lessee shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Lessor under this Lease. (b) Lessee shall, at its sole own risk and expense, keep, maintain and repair all other parts of the building and other improvements on the leased premises in good repair and condition including maintenance and upkeep of all interior walls, floors, ceilings and windows, doors and exterior openings, overhead doors if any, including without limitation the replacement of all broken glass, and the maintenance, repair and upkeep of the air conditioning and heating systems and all electricity, lighting and plumbing, as well as other maintenance and repairs of any kind, other than Lessor's responsibility mentioned in the paragraph above. (c) Lessee shall, at its own cost and expense, shall maintain each repair or replace any damage or injury to all or any part of the Demised Properties leased premises, caused by Lessee or Lessee's agents, employees, invitees, licensees or visitors; provided, however, if Lessee fails to make the repairs or replacements promptly, Lessor may, at its option, make the repairs or replacements and each part thereof, structural and non-structural, in good order, condition and repair, including all areas outside of Lessee shall reimburse the cost to Lessor on demand. (d) Lessee shall not commit or allow 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, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station waste or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair be committed on any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanksleased premises, and Tenant hereby expressly waives the right to make Repairs at the termination of this Lease, by lapse of time or otherwise, Lessee shall deliver the leased premises to Lessor in as good condition as at the date of first possession of Lessee, ordinary wear and tear excepted. The cost and expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition repairs necessary to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with restore the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice condition of the need therefor from Landlord or any other Person describing leased premises shall be borne by Lessee, and if Lessor undertakes to restore the applicable Repair or other obligationleased premises, then Landlord or its agents may enter the Demised Properties for the purpose it shall have a right of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsreimbursement against Lessee.

Repairs and Maintenance. Except 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain all interior portions of the Demised Premises including without limitation all building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems in a clean and orderly condition. The phrase "keep and maintain" as otherwise provided used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be responsible for all repairs in this Articleand to the Demised Premises and the Building (including the facilities and systems thereof) and the Common Areas the need for which arises out of (a) the performance or existence of the Tenant's Work or alterations, (b) the installation, use or operation of the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) reasonably approved by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, at its sole option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for such work by Tenant. 17.02. Landlord shall make all structural repairs at Landlord's cost and expense except to the extent same are Tenant's responsibility as hereinabove provided in Section 17.01. 17.03. Landlord shall, at Landlord's cost and expense, make all structural repairs and replacements in and to the roof. Although Tenant's responsibility, Landlord shall maintain each also perform the normal routine maintenance and cleaning to the roof, the cost of which shall be included in the Operating Expenses. 17.04. Tenant shall not permit or suffer the overloading of the floors of the Demised Properties and each part thereofPremises beyond two hundred fifty (250) pounds per square foot. 17.05. Except as otherwise expressly provided in this Lease, structural and non-structural, in good 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, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever liability to maintainTenant, replacenor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever, upgradeby reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's doing any repairs, maintenance, or repair changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsBuilding.

Repairs and Maintenance. Except as otherwise provided in this ArticleA. Subject to provisions of paragraph 15, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresirrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. In the event that the cost of any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized over the useful life of such replacements or improvements. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, or as long as the useful life coincides with the lease term. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the cost or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and trash compacting and loading areas on the Demised Properties)electrical, plumbing, lighting, heating, and including any roof on any buildingsair conditioning systems in good and sanitary order, in a neat and clean condition, and ensuring repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that debris from event, Lessee shall reimburse Lessor as additional rent for the operation cost of each convenience food store and/or retail automobile fuel station such maintenance or other Permitted Use repairs on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expense, shall maintain each make all necessary repairs to the slab, footings and foundations and the load bearing walls (if any), structural steel columns and girders and roof structure forming a part of the Demised Properties Premises. (c) Landlord shall maintain, repair and each part thereofreplace as necessary all HVAC systems, structural plumbing and non-structuralelectric systems serving the Building and the Premises, including, without limitation, any bathrooms in good orderthe Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, condition electric and repairplumbing service, including all areas outside maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion 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, Operating Expenses as provided in a neat and clean condition, and 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 terms and conditions of Article 6. (d) Landlord, throughout the Term of this Lease, shall make any all necessary Repairs theretorepairs and replacements to the Building outside of the Premises and the common areas, interior including the roof membrane, non load-bearing walls, exterior portions of the Premises and exteriorthe Building, whether extraordinaryutility lines, foreseen or unforeseenequipment and other utility facilities in the Building, but subject to Article 11 which serve more than one tenant of the Building, and Article 12. Without limitation, (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any personsdriveways, (b) Tenant shall ensure that the quality of materials sidewalks, curbs, loading, parking and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the 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 applicable Demised Propertylandscaped areas, and any applicable repair standards and requirements promulgated by Tenant other exterior improvements for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). the Building; provided, however, that 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 storage tanks, and Tenant hereby expressly waives the right responsibility to make Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence repairs unless and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of until Landlord receives written notice of the need therefor from for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay Tenant’s Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph 14(e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Except as otherwise provided in this Lease, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any other Person describing employee, agent, contractor, or invitee of Tenant shall be made at the applicable Repair sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) Landlord reserves the right at any time and from time to time to make or permit changes to or revisions in the Building common areas and/or the Project, including, but not limited to, additions, subtractions, rearrangements or other obligationmodifications thereto (including, then Landlord but not limited to, rearranging or its agents may enter modifying any entrances and/or exits), so long as Tenant’s access to and from the Demised Properties Premises, Tenant’s parking rights and the visibility of the Premises are not materially and adversely affected, and so long as such changes are not undertaken for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlordincreasing Tenant’s actionsobligations under this Lease.

Repairs and Maintenance. Except as otherwise provided (a) The Landlord shall repair and maintain in this Article, Tenant, good order and condition at its sole cost expense throughout the term of this Lease, the exterior and expense, shall maintain each structure of the Demised Properties Premises, including roof, parking areas and each part thereofexterior structure, structural as well as all parts of the plumbing and non-structural, electrical systems not within the Demised Premises and the Landlord shall make any repairs necessary to make all exterior doors and windows air and water tight and in a safe condition. (b) The Tenant shall repair and maintain in good order, order and condition and repairthe interior of said Demised Premises, including all areas outside of any buildings (including all sidewalksglass in windows, drivewaysdoors or skylights, landscapingheating, trash enclosuresplumbing, electrical and trash compacting and loading areas air conditioning systems which are within or on the Demised Properties), and including any roof on any buildings, Leased Premises. The Tenant agrees to keep both sides of all outside glass areas in a neat and clean condition, and ensuring that debris from the operation of each convenience food to store and/or retail automobile fuel station or other Permitted Use on all trash and garbage within the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 need for such Repairs; Premises. (c) all Repairs From the Commencement Date through the end of the fifth year of the Lease, Tenant will repair and maintain any plumbing, HVAC and electrical systems in the Demised Premises and Tenant shall fully comply with applicable Lawbe liable for the cost of said repairs up to $500.00 per repair to the plumbing or electrical systems and up to $750.00 per repair to the heating, ventilation and air-conditioning system ("HVAC"). Any repair to the requirements electrical or plumbing systems in excess of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its $500.00 (or its subsidiaries’ or Affiliates’ or franchisees’$750.00 in the case of HVAC) properties or by Tenant’s 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 storage tanks, and Tenant hereby expressly waives the right to make Repairs "Excess Repair") will be at the expense of the Landlord, except if due to Tenant's willful or negligent acts. Tenant will be responsible for the repair of all glass in the building, except if the damage is due to Landlord's willful or negligent acts. Tenant shall, prior to having any Excess Repair commenced, obtain the consent of Landlord, which right may should not be provided for in any applicable Law now or hereinafter in effectunreasonably withheld unless Landlord is able to have said repair completed at a lower cost. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence Upon approval and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice completion of the need therefor from Excess Repair, Tenant shall invoice 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 cost of making any such Repairs or fulfilling those obligations. repair in excess of the amounts stated in this paragraph together with copies of invoices received by Tenant for such repairs and Landlord shall pay promptly remit such excess amounts to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsTenant.

Repairs and Maintenance. Except as otherwise provided A. Tenant agrees that Landlord shall have no obligation whatsoever in this Articlerespect of the repair, operation, maintenance, compliance and/or replacement of the Demised Premises and it is Tenant's obligation, at Tenant's sole cost and expense, to repair, operate, maintain and/or replace all and every part of the Demised Premises or Building. In particular, without implied limitation: B. Tenant shall, at its sole cost and expense, shall maintain each continuously cause the repair, maintenance, operation and/or replacement of the Demised Properties Premises to keep same in good order and each part repair and in such a fashion as is consistent with prior practice of Tenant, and, at its sole cost and expense, will promptly make or cause to be made all necessary and appropriate repairs, replacements and renewals thereof, structural and non-structural, in good 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, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station whether interior or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. All repairs, but subject replacements and renewals shall be at least equal in quality and class to Article 11 the original Improvements. Tenant's obligation to repair shall include the obligation to rebuild in the event of destruction however caused. The Minimum Annual Rent and Article 12. Without limitation, (a) no Repairs any additional rent shall result in not be reduced and Landlord shall not be liable under any structural damage to any Demised Properties circumstances for a loss of or any injury to any personsproperty, (b) Tenant shall ensure that loss of profits, or for injury to or interference with Tenant's business arising from or in connection with the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship condition of the Improvements prior Demised Premises (including without limitation due to the need for such Repairs; (clatent defects) 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by virtue of Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever 's failure to maintainmake any repairs, replacemaintenance, upgrade, alterations or repair improvements in or to any portion of the Demised PropertiesPremises or in or to fixtures, including appurtenances and equipment therein. Tenant hereby irrevocably waives and releases its right to make repairs at Landlord's expense under any structural itemsapplicable law, roof or roofing materialsstatute, or ordinance now or hereafter in effect. C. Tenant shall keep the Demised Premises in good and sanitary condition and repair at Tenant's sole cost and expense including, without limitation, snow removal, cleaning and rubbish removal. Should any aboveground law, standard or underground storage tanksregulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole cost and expense, to comply promptly with such laws, standards or regulations. D. Tenant acknowledges and agrees that Landlord has never occupied or operated at the Demised Premises and that Landlord acquired the Demised Premises directly from Tenant (who constructed or had constructed the Improvements on the Demised Premises) and Tenant hereby expressly waives agrees to undertake all of the right maintenance, repair, compliance and replacement responsibilities at the Demised Premises regardless of how or when such responsibilities arise or arose. E. Tenant shall be solely responsible, at is sole cost and expense, to make Repairs the Demised Premises safe and secure for any all persons at the expense of LandlordDemised Premises and Tenant shall obtain and provide such services including without limitation fire prevention, which right may be provided for in any applicable Law now fire detection, sprinklers, alarm and security including guards as is necessary or hereinafter in effect. In addition appropriate to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 make the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs Premises safe and expenses incurred by Landlord as a consequence of such Landlord’s actionssecure.

Repairs and Maintenance. 9.1 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair the roof (including the structural integrity thereof) and the exterior surfaces of the exterior walls of Building 4 (exclusive of doors, door frames, door checks, other entrances, windows and window frames which are not part of common areas), all Outdoor Areas on Parcel 4 which are not Common Areas maintained by the Association pursuant to the Declaration and all Shared Areas described in the Declaration for the use of Parcel 4, provided that Tenant shall pay the cost of any such repairs occasioned by the act or negligence of Tenant, its agents, employees, invitees, licensees or contractors. Tenant shall give Landlord prompt written notice of any damage to the Premises requiring repair by Landlord. 9.2 Except as otherwise provided in this Article, TenantParagraph 9.1 hereof Tenant shall, at its sole cost and expense, shall keep and maintain each of the Demised Properties Premises and each every part thereof, structural and non-structural, thereof in good order, condition and repair, including including, without limiting the generality of the foregoing, all areas outside equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of any buildings (including all sidewalksexterior walls, drivewaysceilings, landscapingfloors, trash enclosureswindows, doors, plate glass, and trash compacting and loading areas on the Demised Properties)skylights, and including any roof shall do such reasonable periodic painting of the interior thereof as may be required and approved by Landlord. Tenant shall keep its sewers and drains open and clear, and shall keep the hallways and/or sidewalks and common areas adjacent to the Premises clean and free of debris. Tenant shall reimburse Landlord on any buildingsdemand for the cost of damage to the Premises or the Building or Center caused by Tenant or its employees, agents, customers, suppliers, shippers, contractors, or invitees. If Tenant shall fail to comply with the foregoing requirements, Landlord may (but shall not be obligated to) effect such maintenance and repair, and the cost thereof together with interest thereon at the maximum rate permitted by law shall be due and payable as Additional Rent to Landlord, together with Tenant's next rental installment. 9.3 Tenant in a neat and clean keeping the Premises in good order, condition, and ensuring that debris from repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned repair and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 maintenance of the Improvements prior to the 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 applicable Demised Property, air conditioning and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02heating system, if Tenant fails or neglects to commence any, exclusively serving the Premises and diligently proceed 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed provide Landlord with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act copy of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above said contract within thirty ten (3010) days after receipt the Rent Commencement Date. The contract shall be for the benefit of Landlord and Tenant and in a form and placed with a licensed contractor satisfactory to Landlord. Tenant obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. 9.4 Tenant shall not make any alterations, changes or improvements in or to the Premises or any part thereof without first obtaining Landlord's written consent, and all of the same shall be at Tenant's sole cost. Landlord may impose as a condition of its consent such requirements as Landlord, in its sole discretion, may deem reasonable and desirable, including but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Notwithstanding the foregoing, Landlord's consent shall not be required for any interior cosmetic alterations or alterations not exceeding $20,000 per alteration which do not affect the Base Building exterior, structure or systems; provided that Tenant shall obtain required permits and comply with all other Applicable Requirements and all requirements of Article 8, this Section 9.4 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. All alterations, additions, changes and improvements made by Tenant unless Tenant's Personal Property (as defined hereafter) shall become the property of Landlord and a part of the realty and shall be surrendered to Landlord upon the expiration or sooner termination of the term hereof provided, that Landlord may designate by written notice to Tenant those alterations, additions and improvements (specifically including Tenant Improvements) which shall be removed by Tenant at the expiration or termination 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. Lease and Tenant shall pay to Landlord promptly remove the same and repair all costs damage caused by such removal at its cost and expenses incurred by Landlord as a consequence of such Landlord’s actionswith all due diligence.

Repairs and Maintenance. Except as otherwise provided in this Article1. Lessor shall keep the exterior structure, Tenantto-wit, at its sole cost foundation, bearing walls and expense, shall maintain each roof of the Demised Properties and each part thereof, structural and non-structural, Leased Premises in good 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 proper repair during the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 materialslease term, or any aboveground renewal or underground storage tanksextension thereof; except that the cost of any such repairs occasioned by Lessee's fault shall be paid by Lessee, unless proceeds from insurance maintained by Lessee are made available to Lessor to cover the entire cost of such repairs. 2. Lessor shall pay for all necessary repairs during the first year of the lease as it relates only to faulty workmanship and/or defective material or equipment. Lessee shall at all times during the Lease term pay for and make all other necessary repairs and replacements to the Leased Premises, including, but not limited to, the doors, windows, plate glass, fixtures, heating, air conditioning systems serving the Leased Premises, electrical and sewage (to main sewer lines) facilities of the Leased Premises, and Tenant hereby expressly waives keep and maintain the right same in good condition and repair so that the expiration of the Lease, or any renewal or extension thereof, the Leased Premises shall be surrendered to make Repairs Lessor in the same condition that the same are in at the expense commencement of Landlordsaid Lease, which right ordinary wear and tear excepted. Notwithstanding the foregoing, provided Lessee established and follows the usual and customary preventive maintenance program for the heating, ventilating and air-conditioning facilities servicing the Leased Premises, Lessor shall repair and replace the compressor and compressor motor as may be provided for in any applicable Law now or hereinafter in effect. In addition necessary during the four (4) year after possession of the Leased Premises is furnished to Landlord’s rights under Section 15.02Lessee; provided, however, if Tenant fails any such repair and/or replacement shall be occasioned by the sole fault or neglects neglect of Lessee or its employees or agents, such repair and/or replacement shall be made and paid for by Lessee. Leasehold improvements furnished by Lessee shall not be included in warranty. 3. Lessor shall not cause or permit any toxic materials injurious to commence and diligently proceed 1. [***] Indicates material that has been omitted and animal life forms to be sprayed or otherwise placed in or about Lessee's leased premises for 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 Securities and Exchange Act control of 1934, as amended. 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 insects or other obligation, then Landlord vermin unless specifically requested by lessee or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred specifically approved by Landlord as a consequence of such Landlord’s actionsLessee.

Repairs and Maintenance. Except as otherwise provided in this Article9.1. From and after the Commencement Date, TenantLessor, at its Lessor's sole cost and expense, shall repair, maintain each and keep in good condition the footing, foundations and structural walls of the Demised Properties Building, but not including the roof of the Building and each part thereoffurther excepting any structural repairs or maintenance required as a result of the negligence of Lessee, structural or of Lessee's agents, contractors, servants, employees or invitees on or about the Premises, or which otherwise arises as a result of Lessee's use of the Premises whether or not permitted hereunder. 9.2. From and nonafter the Commencement Date, Lessee, at Lessee's sole cost and expense, shall repair, maintain and keep in good condition the roof of the Building and the roof structure following completion of the same by Lessor (subject to Lessor's responsibilities contained in Section 9.1 above) and the interior of the Building which shall include all systems and equipment within the Building including (but not limited to) repair and maintenance of all elevators, HVAC systems, boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment within the Building, and Lessee shall also be responsible for any repairs or maintenance which would otherwise be the responsibility of Lessor pursuant to Section 9.1 above, but the need for which arises as a result of Lessee's activities as therein more particularly described. Notwithstanding the foregoing, Lessee shall not be responsible for any such repairs and maintenance, the need for which arises as a result of the negligence of Lessor or of Lessor's agents, contractors, servants, employees or invitees. 9.3. Lessee shall at all times keep the hallways and entrances to the Building free and clear of debris, and shall also provide for interior janitorial service (including carpet maintenance), interior painting (and re-structuralpainting, where necessary), replacement of lighting ballasts and bulbs, and interior and exterior window cleaning. 9.4. Lessee shall, at Lessee's sole cost and expense, repair and maintain, in good ordera manner consistent with comparable first-class office space in Fairfield County, condition and repairConnecticut, including all areas outside of any buildings (including all the parking area, access roads, sidewalks, drivewayslawns and planting areas at the Premises, which maintenance shall include (as necessary, desirable and/or appropriate) the mowing, landscaping, trash enclosuresplowing, sanding and sweeping thereof. With respect to the access roads that do not form a part of the Premises but are within the Park, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including paving, sanding and plowing the same, and trash compacting and loading areas Lessee shall pay Lessee's pro rata share of the cost thereof to Lessor, as reasonably determined by Lessor. 9.5. Lessee shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed on the Demised Properties), Premises and/or within the Building which shall cause or be likely to cause injury or damage to any person or to the Premises or to any part thereof. Lessee at all times shall keep the Premises and including any roof on any buildings, the Building in a neat and orderly condition and clean conditionand free from rubbish, dirt and 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 terms and conditions of Article 6, miscellaneous items. Lessee shall make any necessary Repairs thereto, interior provision for adequate refuse containers to be placed upon the Premises in areas to be designated by Lessor and exterior, whether extraordinary, foreseen or unforeseen, but subject shall cause the same to Article 11 be emptied periodically. Lessee shall deposit all refuse in such containers 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 keep the quality of materials area around the same reasonably neat and workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsattractive.

Repairs and Maintenance. Except as otherwise provided in this ArticleA. Subject to provisions of paragraph 15, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresirrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements; provided, however, that replacement and improvement costs shall be amortized over the useful life of such replacements or improvements, and trash compacting Lessee shall be obligated to pay, as additional rent, only the amount which coincides with the remaining term of the Lease. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and loading areas on maintain the Demised Properties)entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and including any roof on any buildingselectrical, plumbing, lighting, heating, and air conditioning systems in a neat good and clean sanitary order, condition, and ensuring repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that debris from event, Lessee shall reimburse Lessor as additional rent for the operation cost of each convenience food store and/or retail automobile fuel station such maintenance or other Permitted Use repairs on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. Except as otherwise provided in this Article, TenantLessee, at its sole cost and expense, shall maintain each be responsible for al repairs to, cleaning, and maintenance of the Demised Properties interior of the leased premises which shall include the walls, ceiling, floor, doors, windows and other usable space occupied by the Lessee. Lessee shall be responsible for normal maintenance for the heating, air-conditioning and plumbing systems serving the leased space. Lessee agrees to pay up to the sum of $2,000.00 per year for each part thereofyear during the term of the Lease or any renewal term for any repairs required to the leased premises, structural including, not limited to, repairs necessary for the proper functioning of the plumbing, heating and nonelectrical systems serving the leased premises. In the event, during the initial term of this Lease or during any renewal term, there occurs a major breakdown of the air-structuralconditioning unit or the heating unit serving the leased premises, in good orderand, condition as a result, the cost to repair said unit exceeds the replacement cost of a new unit, the Lessor may, at Lessor's option, elected to purchase and repairinstall a new unit for the leased premises. In the event the Lessor elects to purchases and install a new unit, including all areas outside the Lessee agrees to reimburse the Lessor for a portion of any buildings (including all sidewalksthe cost of said replacement based on the useful life of the unit, driveways, landscaping, trash enclosuresas determined by its manufacturer, and trash compacting the number of years remaining under the term of the lease and loading areas on any renewal term. (For illustration purposes only, assume at the Demised Properties)time of the unit's breakdown, the cost of a replacement unit is $1,000.00, that there are two years remaining under the term, and including any roof on any buildings, that the useful life of the unit is 10 years - Lessee shall then be required to pay the sum of $200.00 toward the cost of the replacement unit.) The Lessee accepts said premises "as is" in a neat and clean its present physical condition, and 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 terms improvements to be made to the premises by the Lessor and conditions the Lessee, and agrees to surrender up the said premises upon the termination of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result this Lease in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant shall ensure that the quality same condition as upon the date of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship delivery of the Improvements prior to premises, reasonable wear and tear accepted. Lessor shall keep the need for such Repairs; (c) all Repairs shall fully comply with applicable Law, common areas and the requirements exterior of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Propertybuilding, and any applicable parking areas in good repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable)such that the building is maintained in a substantially similar condition as other professional office space in the area. Landlord shall have no duty whatsoever Lessee agrees to maintain, replace, upgrade, or repair any pay to the Lessor it's portion as a percentage of space occupied of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, costs incurred by the Lessor to maintain the common areas in the building 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice exterior of the need therefor from Landlord or any other Person describing the applicable Repair or other obligationpremises, then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay not to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsexceed $ N/A , per year.

Repairs and Maintenance. Except as otherwise provided The Lessor shall maintain the foundation, exterior walls (with the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) and exterior painting or other treatment of exterior walls, and the roof of the leased Premises in this Articlegood repair except that the Lessor shall not be required to make any repairs resulting from the negligence or acts of negligence on the behalf of the Lessee, Tenantits staff, employees, sublessees, licensees and concessionaires. The Lessee shall be responsible for maintenance of the common areas and common area equipment and furnishings. Any such repairs and/or maintenance in which the Lessor would be responsible, the Lessee agrees to provide Lessor with written notice of the needed repairs and/or maintenance, and Lessor shall ensure that any repairs and/or maintenance shall be made and completed within a reasonable time frame. Lessee shall notify the Lessor of any emergency repairs to be made. Lessee shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole cost and expense, shall maintain each of the Demised Properties make all needed repairs and each part thereof, structural and non-structural, in good order, condition and repairreplacements, including all areas outside replacement of cracked or broken glass, windows, doors, door closure devices, door and window frames, molding, locks and hardware, except for repairs and replacements required to be made by the Lessor under this section. In the event that any buildings (including all sidewalksrepairs required to be made by the Lessee hereunder are not made within ____________________ days after written notice delivered to the Lessee by the Lessor, driveways, landscaping, trash enclosuresthe Lessor shall reserve the right and option to make or have said repairs made without liability to the Lessor for any loss or damage which may result by reason of such repairs, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 Lessee shall pay to Landlord all costs and expenses incurred by Landlord the Lessor, upon demand as a consequence additional rent hereunder, the cost of such Landlord’s actionsrepairs plus. At the termination of this Lease, Lessee shall deliver the leased premises in good order and condition, normal wear and tear excepted. Normal wear and tear meaning the deterioration which results from normal use and not as an act of carelessness, neglect, accident or abuse.

Repairs and Maintenance. Except 17.01 Tenant shall, throughout the Term, be responsible for all repairs and maintenance in and to the Building both interior and exterior, and shall take good care of the Demised Premises, the fixtures and appurtenances therein. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) approved by Landlord. Tenant shall be responsible for the cost and expense of all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (including the facilities and systems thereof) and the Land the need for which arises out of (a) the performance of existence of the Tenant’s Work or alterations, (b) the installation, use or operation of the Tenant’s Property in the Demised Premises, (c) the moving of the Tenant’s Property in or out of the Building, (d) roof wear and tear or (e) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. All repairs made by Tenant shall be equal in quality and class to the original work and shall be made in compliance with all Legal Requirements, and as otherwise provided in this Articleto policies of insurance, the Insurance Requirements. 17.02 Tenant shall not permit or suffer the overloading of the floors of the Demised Premises beyond two hundred fifty (250) pounds per square foot. 17.03 Tenant, at its sole cost and expense, also shall maintain each of repair, replace and/or restore as appropriate and keep clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the Demised Properties Premises and each part thereofthe sidewalks, structural and non-structural, in good order, condition and repair, including all areas outside of any buildings landscaping (including all sidewalkslawn areas), vaults, sidewalk hoists, gutters, railings, curbs and paved areas (whether in driveways, landscaping, trash enclosures, and trash compacting and loading parking areas on or access easements) in front of or adjacent to the Demised Properties)Premises. 17.04 Tenant shall not permit any of its licensees, agents, employees or contractors to use the Demised Premises, any access areas, or any property adjacent thereto, as a dumping ground for rubbish or any other waste products. Trash, garbage, or other waste shall not be kept except in proper sanitary containers and including in accordance with any roof on any buildings, applicable Legal Requirements. All incinerators or other equipment for the disposal or storage of such material shall be kept in a neat clean and clean sanitary condition. 17.05 Except as otherwise expressly provided in this Lease, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever liability to maintainTenant, replacenor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, upgradeby reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s doing any repairs, maintenance, or repair changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsBuilding.

Repairs and Maintenance. Except as otherwise provided in this ArticleA. Subject to provisions of paragraph 15, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresirrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements: provided however, that replacement and improvement costs shall be amortized over the useful-life of such replacements or improvements, and trash compacting Lessee shall be obligated to Pay on a monthly basis, as additional rent, only the monthly-amortized amounts which coincide with the term of the Lease, including any extensions. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and loading areas on maintain the Demised Properties)entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and including any roof on any buildingselectrical, plumbing, fighting, heating, and air conditioning systems in a neat good and clean sanitary order, condition, and ensuring that debris from repair. Lessee shall, at all times during the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned Lease term and removed on at his expense, have in effect a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.service contract

Repairs and Maintenance. Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good 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, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 underground 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.

Repairs and Maintenance. A. Subject to provisions of Paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises are located in good order and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance is required because of an act or omission of Lessee or its agents, employees, or invitees, Lessee shall pay to Lessor upon demand one hundred percent (100%) of the costs of such repair and maintenance. B. Except as otherwise expressly provided in this ArticleSubparagraph A above, TenantLessee shall, at its sole cost cost, keep and expense, shall maintain each of the Demised Properties entire Premises and each every part thereof, structural including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and non-structuralpartitions, and the electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary 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, and ensuring repair. Lessee shall, at its own expense, for the duration of this Lease, retain a service company, approved by Lessor, to provide routine maintenance and repairs of the heating, ventilation, and air conditioning systems. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that debris from event, Lessee shall reimburse Lessor as additional rent for the operation cost of each convenience food store and/or retail automobile fuel station such maintenance or other Permitted Use repairs on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 1942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. A. Subject to provisions of Paragraph 17, Lessor shall keep and maintain the roof (including the roof structure and membrane), paving, structural elements, landscaping, irrigation, the exterior walls of the building in which the Premises are located and all common areas in good order and repair. Except for the cost of keeping and maintaining the structural elements of the building foundations, exterior walls (excluding painting) and roof structure only, which shall be borne solely by Lessor, Lessee shall reimburse Lessor for its proportionate share of said expense within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance are required because of an act or omission of Lessee, or its agents, employees, or authorized representatives, Lessee shall pay to Lessor upon demand 100% of the costs of such repair or maintenance. B. Except as otherwise expressly provided in this ArticleSub-paragraph (A) above, Tenant, Lessee shall at its sole cost cost, keep and expense, shall maintain each of the Demised Properties entire Premises and each every part thereof, structural including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and nonpartitions, and the electrical, plumbing, heating and air-structural, conditioning systems in good and sanitary order, condition and repair. Lessee shall, including at all areas outside times during the Lease term, have in effect a service contract for the maintenance of any buildings the heating, ventilating and air-conditioning (including HVAC) equipment with a HVAC repair and -maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof and shall provide Lessor with a copy of such contra and all sidewalksperiodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, drivewaysLessor, landscaping, trash enclosuresin addition to all other remedies available hereunder or by law, and trash compacting without waiving any alternative remedies, may make the same, and loading areas in that event, Lessee shall reimburse Lessor as additional rent for the reasonable cost of such maintenance or repairs on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provisions of Sub-section 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 1942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. Except Tenant shall, at its own expense, maintain the leased premises and appurtenances in good repair. Tenant shall also keep in repair or replace the plumbing heating and air conditioning system and electrical equipment. It is understood that Tenant is not required to maintain the leased premises in a condition equal to new, but Tenant shall at all times keep and maintain the premises in such condition as otherwise provided to minimize as far as is practicable the effects of use, decay and weather. Tenant shall not be responsible for repairing damages to the exterior or interior of the building caused by the elements, fire or other causes beyond the control of Tenant. At the end of the term hereof or any extension thereof, Tenant agrees to deliver up the leased premises in this Articleas good a condition as at the beginning of the term, Tenantnatural deterioration by normal use and damage by fire and the elements excepted. Tenant shall, at its sole cost and expense, make all repairs and replacements or alterations to the Premises required by any governmental authority and all necessary repairs and replacements of Tenant's fixtures required for the proper conduct of Tenant's business. Tenant shall maintain each forthwith, at its own cost and expense, replace with glass of the Demised Properties same quality any cracked or broken glass including plate glass, other glass or breakable material used in structural portions and each part thereofany interior and exterior windows and doors in the Premises. If Landlord provided Tenant with any warranty or warranties relating to any system or equipment in the Premises, structural Tenant shall comply with all of the terms and non-structuralconditions of such warranty or warranties. Tenant shall at all times keep the Premises and the immediate areas in front, behind and adjacent to it, exterior entrances, exterior walls, all glass and show windows, moldings and bulkheads, and all partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair, and in a satisfactory condition of cleanliness, including reasonable periodic painting of the interior and, if applicable, the exterior of the Premises, damage by unavoidable casualty excepted. Tenant shall be fully responsible and liable for the maintenance and lighting of all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosuresits exterior signs, and trash compacting and loading areas on the Demised Properties), and including shall periodically repaint metal surfaces that rust or begin to deteriorate from any roof on any buildings, in a neat and clean condition, and 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 causes. Any damage to the terms exterior walls to which a sign may be attached, including but not limited to rust stains and conditions structural cracking of Article 6the fascia, caused by Tenant's use of such sign, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated be repaired by Tenant for at its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effectown cost. In addition to Landlord’s rights under Section 15.02the foregoing, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.install, repair, replace and

Repairs and Maintenance. Except as otherwise provided in this Article10.01 Tenant shall, Tenantat all times during the Term, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, Premises in good order, condition first class order and repairshall provide all cleaning and janitorial service to the Demised Premises, including all areas outside among other things the cleaning of any buildings (including all sidewalksexterior windows, drivewaysnecessary to maintain the same in such first class order. Tenant, landscaping, trash enclosures, at Tenant's sole cost and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6expense, shall make any all necessary Repairs theretorepairs to the Demised Premises, of whatever nature other than structural repairs referred to below, including but not limited to interior and exterior, whether extraordinaryextraordinary as well as ordinary, foreseen or unforeseen, but subject to Article 11 and Article 12will keep all improvements and the fixtures, machinery and equipment located in or on the Demised Premises, or servicing the same and every part thereof in good first class order and repair. 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 be solely responsible for the quality of materials and workmanship maintenance, repair and/or replacement of any Repairs meets or exceeds the quality of materials computer, communications, plumbing fixtures, heating, ventilating and workmanship of the Improvements prior to the 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 applicable Demised Property, air conditioning units and any applicable repair standards and requirements promulgated similar equipment installed by Tenant for or at its (request, whether or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable)not located in the Demised Premises. Landlord shall have no duty whatsoever to maintain, replace, upgrademake any repairs to the Demised Premises, or repair to the fixtures, machinery and equipment located thereon or serving the same, during the Term of this Lease or any portion Option Term thereof. Landlord shall make structural repairs to the Building and the Demised Premises which in its reasonable judgement are necessary, and the same shall be added to Landlord's Costs of Operation. If any part of the Demised PropertiesPremises shall be damaged solely by the negligence of the Landlord, including its agents or employees, then Landlord shall repair such damage at its sole cost and expense. 10.02 In the event Tenant defaults in making any structural items, roof or roofing materialsrepairs to, or any aboveground or underground storage tanksmaintenance of, and Tenant hereby expressly waives the right Demised Premises and, at its option, Landlord elects to make Repairs such repairs (at the expense of Landlord, which right may be provided for in Tenant and subject to any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act other terms of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30this Lease) days after receipt of written notice during Tenant's continued occupancy of the need therefor Demised Premises (which election shall not waive any other rights Landlord may have hereunder, including, but not limited to, the right of eviction), Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to Tenant's business arising 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 obligationssaid repairs. Tenant shall pay to Landlord, immediately upon demand, and as Additional Rent, the cost of any repairs or maintenance performed by Landlord all costs and expenses which are the responsibility of Tenant under this Lease. Nothing contained in this paragraph shall be construed to impose upon Landlord any duty to mitigate damages which might be incurred by Landlord it. 10.03 When used in this Lease the term "repair" shall be deemed to include restoration and replacement as a consequence of such Landlord’s actionsmay be necessary to achieve and/or maintain good working order and condition consistent with comparable buildings in the Mount Kisco, New York area.

Repairs and Maintenance. Except as otherwise provided The Lessor shall maintain the kitchen equipment, foundation, exterior walls (with the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) and exterior painting or other treatment of exterior walls, and the roof of the leased Premises in this Articlegood repair except that the Lessor shall not be required to make any repairs resulting from the negligence or acts of negligence on the behalf of the Lessee, Tenantits staff, employees, sublessees, licensees and concessionaires. The Lessee shall be responsible for maintenance of the common areas and common area equipment and furnishings. Any such repairs and/or maintenance in which the Lessor would be responsible, the Lessee agrees to provide Lessor with written notice of the needed repairs and/or maintenance, and Lessor shall ensure that any repairs and/or maintenance shall be made and completed within a reasonable time frame. Lessee shall notify the Lessor of any emergency repairs to be made. Lessee shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole cost and expense, shall maintain each of the Demised Properties make all needed repairs and each part thereof, structural and non-structural, in good order, condition and repairreplacements, including all areas outside replacement of cracked or broken glass, windows, doors, door closure devices, door and window frames, molding, locks and hardware, except for repairs and replacements required to be made by the Lessor under this section. In the event that any buildings (including all sidewalksrepairs required to be made by the Lessee hereunder are not made within 60 days after written notice delivered to the Lessee by the Lessor, driveways, landscaping, trash enclosuresthe Lessor shall reserve the right and option to make or have said repairs made without liability to the Lessor for any loss or damage which may result by reason of such repairs, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 Lessee shall pay to Landlord all costs and expenses incurred by Landlord the Lessor, upon demand as a consequence additional rent hereunder, the cost of such Landlord’s actionsrepairs. At the termination of this Lease, Xxxxxx shall deliver the leased premises in good order and condition, normal wear and tear excepted. Normal wear and tear means the deterioration which results from normal use and not as an act of carelessness, neglect, accident or abuse.

Repairs and Maintenance. Except as otherwise provided in this Article10.01 Tenant shall, Tenantat all times during the Term, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, Premises in good order, condition first class order and repairshall provide all cleaning and janitorial service to the Demised Premises, including all areas outside among other things the cleaning of any buildings (including all sidewalksexterior windows, drivewaysnecessary to maintain the same in such first class order. Tenant, landscaping, trash enclosures, at Tenant’s sole cost and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6expense, shall make any all necessary Repairs theretorepairs to the Demised Premises, of whatever nature other than structural repairs referred to below, including but not limited to interior and exterior, whether extraordinaryextraordinary as well as ordinary, foreseen or unforeseen, but subject to Article 11 and Article 12will keep all improvements and the fixtures, machinery and equipment located in or on the Demised Premises, or servicing the same and every part thereof in good first class order and repair. 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 be solely responsible for the quality of materials and workmanship maintenance, repair and/or replacement of any Repairs meets or exceeds the quality of materials computer, communications, plumbing fixtures, heating, ventilating and workmanship of the Improvements prior to the 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 applicable Demised Property, air conditioning units and any applicable repair standards and requirements promulgated similar equipment installed by Tenant for or at its (request, whether or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable)not located in the Demised Premises. Landlord shall have no duty whatsoever to maintain, replace, upgrademake any repairs to the Demised Premises, or repair to the fixtures, machinery and equipment located thereon or serving the same, during the Term of this Lease or any portion Option Term thereof. Landlord shall make structural repairs to the Building and the Demised Premises which in its reasonable judgement are necessary, and the same shall be added to Landlord’s Costs of Operation. If any part of the Demised PropertiesPremises shall be damaged solely by the negligence of the Landlord, including its agents or employees, then Landlord shall repair such damage at its sole cost and expense. 10.02 In the event Tenant defaults in making any structural items, roof or roofing materialsrepairs to, or any aboveground or underground storage tanksmaintenance of, and Tenant hereby expressly waives the right Demised Premises and, at its option, Landlord elects to make Repairs such repairs (at the expense of Landlord, which right may be provided for in Tenant and subject to any applicable Law now or hereinafter in effect. In addition to Landlordother terms of this Lease) during Tenant’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice continued occupancy of the need therefor Demised Premises (which election shall not waive any other rights Landlord may have hereunder, including, but not limited to, the right of eviction), Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to Tenant’s business arising 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 obligationssaid repairs. Tenant shall pay to Landlord, immediately upon demand, and as Additional Rent, the cost of any repairs or maintenance performed by Landlord all costs and expenses which are the responsibility of Tenant under this Lease. Nothing contained in this paragraph shall be construed to impose upon Landlord any duty to mitigate damages which might be incurred by Landlord it. 10.03 When used in this Lease the term “repair” shall be deemed to include restoration and replacement as a consequence of such Landlord’s actionsmay be necessary to achieve and/or maintain good working order and condition consistent with comparable buildings in the Mount Kisco, New York area.

Repairs and Maintenance. a. Except as otherwise provided for the maintenance and repairs required of the Landlord pursuant to paragraph 10(f-h) below, Tenant shall maintain, replace, repair and keep all portions of the Building and Property which include but are not limited to interior wall surfaces from the face of any wall studs inward, doors, door hardware, plumbing, electrical and mechanical equipment which exclusively serve the Building and Property) in this Articlegood order, Tenantoperating condition and repair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation, condition, and repair. Tenant will keep the Building and Property in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which theBuilding and Property is located; and such other local, state or federal governmental authorities with jurisdiction over the Building and Property (collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Building and Property, and shall, at its own cost and expense, replace with glass of the same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Building and Property. b. Tenant shall dispose of all trash and waste materials in outside trash containers to be located in the designated trash areas or enclosures. Tenant shall flatten all boxes for dumping of trash. c. Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the Building and Property that may be broken or damaged during the Initial Lease Term and any renewal(s). d. Tenant shall, at its sole cost and expense, contract directly with a janitorial service provider of Tenant’s choice, to provide janitorial services for the Building and Property at the hours and on the days required by Tenant. e. In addition to other rights and remedies available to Landlord pursuant to this Lease, if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Building and Property after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall maintain each of be required), perform such obligations on Tenant’s behalf, and put the Demised Properties Building and each part thereof, structural and non-structural, Property in good 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 at Tenant’s expense. Notwithstanding the Demised Properties), and including any roof on any buildingsforegoing, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station event Tenant commences any repair or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseenmaintenance as required hereunder during said 45-day period, but subject is unable to Article 11 and Article 12. Without limitationcomplete the same using commercially reasonable efforts, (a) no Repairs shall result in any structural damage Tenant will be permitted to any Demised Properties complete such repair or any injury to any persons, (b) maintenance so long as Tenant shall ensure that the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship is diligently pursuing completion of the Improvements prior same. f. Upon termination of the Lease, Tenant agrees to leave the need Building and Property in good condition and broom-clean, allowance being made for such Repairs; (c) all Repairs shall fully comply with applicable Law, ordinary wear and tear. Tenant agrees that at the requirements end of the term of this Lease any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated improvements made by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or and not removed by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after of the later of: (i) the date this Lease terminates; and (ii) Tenant’s receipt of written notice Notice from Landlord, shall become the property of Landlord and remain upon the Building and Property, subject to the terms of Exhibit D attached hereto. g. If Landlord, in Landlord’s sole discretion, should elect to alter or change the architectural design or appearance of the need therefor from Building or Property or the design criteria for signage of the Building and Property, Landlord or any other Person describing may, at Landlord’s cost and expense, remodel the applicable Repair or other obligation, then storefront of the Building and Property and Landlord or its agents may enter the Demised Properties shall reimburse Tenant for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all reasonable costs and expenses incurred by Tenant in the alteration of Tenant’s exterior signage so as to comply with the new architectural design or design criteria for signage. Notwithstanding the foregoing, any alteration or change to the architectural design or appearance of the Building and Property or the design criteria for signage shall not unreasonably interfere with Tenant’s operation of its business in the Building and Property or ingress and/or egress thereto. The Landlord as agrees to work with the Tenant to put a consequence plan in place before construction begins that will assure that Landlord will use it good faith best efforts to minimize the impact of such Landlordthe construction work on theBuilding and Property and the Tenant’s actionsbusiness.

Repairs and Maintenance. Except (a) During the Term, Tenant shall continue all of Tenant’s existing maintenance programs and service contracts (either those in existence or replacements thereof). Tenant shall maintain, replace and repair the Premises (including but not limited to landscaping and parking lots) as otherwise provided in this Article, Tenant, at its sole cost well as all the structural and expense, shall maintain each exterior components of the Demised Properties Building including the roof during the Term. Tenant shall repair and each part thereofreplace the component parts of the heating and air conditioning, structural water, sewer, gas and non-structuralelectrical systems as necessary to maintain said systems in the same condition as existed on the Effective Date, reasonable wear and tear excepted. Tenant shall provide all ordinary maintenance and repairs to the Premises, including, without limitation, replacement of broken glass, replacement of worn or damaged flooring, repair of lighting fixtures, and repairs and maintenance of interior walls and ceilings. On the expiration of the Term or other termination of this Lease, Tenant shall deliver up the Premises with all required repairs and replacements completed and with all improvements located thereon, in good order, condition repair 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, broom clean, reasonable wear and ensuring that debris from tear and the operation provisions 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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, paragraph 21 excepted. (b) Tenant shall ensure Xxxxxx agrees 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever obligation under this Lease to maintain, replace, upgrade, make any repairs or repair any portion of replacements to the Demised Properties, including any structural items, roof Premises or roofing materialsimprovements thereon, or any aboveground alteration, addition, change, or underground storage tanksimprovement thereof or thereto, whether structural or otherwise. The intention of this Lease is that the rent received by Landlord shall be “ABSOLUTELY NET”, free and clear of any expenses to Landlord under this Lease for the taxes, insurance, and/or construction, care, maintenance (including common area maintenance charges and charges accruing under easements, assessments and/or charges pursuant to the CCRs or other agreements relating to the Premises), operation, repair, replacement, alteration, addition, change, and improvement of or to the Premises. Upon the expiration or earlier termination of this Lease, Tenant hereby expressly waives the right to make Repairs at the expense of Landlordshall remain responsible for, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord, any cost, charge or expense for which Xxxxxx is otherwise responsible for hereunder Page 8. OFFICE LEASE 9044.051 Five Oaks Flex Lease to Credence Lot 3 v2 attributable to any period (prorated on a daily basis) prior to the expiration or earlier termination of this Lease. (c) Tenant shall not enter into any maintenance agreements that will extend beyond the Term without Landlord’s prior written consent. (d) Upon expiration of the Term, Tenant shall assign to Landlord any warranties relating to the Premises and deliver to Landlord all costs manuals, plans, specifications, records and expenses incurred other documents maintained by Landlord as a consequence Tenant in connection with the maintenance of such Landlord’s actionsthe Building.

Repairs and Maintenance. Except a) Tenant shall, throughout the Term and at Tenant's sole cost and expense keep in good order, condition and repair the Premises and every part thereof, structural and nonstructural (whether or not such portion of the Premises requiring repair or the means of repairing the same are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as otherwise provided in this Articlea result of Tenant's use, Tenantany prior use, the elements or the age of such portion of the Premises) including, without limitation, all plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, doors, plate glass and skylights located within the Premises, and all landscaping, driveways, parking lots, fences and signs located on the Premises and sidewalks and parkways adjacent to the Premises. Tenant shall pay directly to a mutually acceptable HVAC contractor for standard scheduled maintenance of the Building's HVAC system(s). Tenant and Landlord shall jointly select a mutually acceptable and qualified HVAC maintenance contractor by July 1, 1997 to perform the HVAC maintenance services set forth on Exhibit F. Notwithstanding the foregoing, Landlord shall be responsible, at its sole cost and expense, shall maintain each for all costs incurred for repairs and replacements to decks, exterior walls, existing windows (at the time of execution of this Lease) slabs, foundations, roof, parking lot or other site infrastructure elements which are considered capital improvements or replacements under Generally Accepted Accounting Principles. b) Notwithstanding the foregoing, repairs and replacements to the Premises and the Property arising out of or caused by Tenant's use, manner of use or occupancy of the Demised Properties and each part thereofPremises, structural and non-structuralby Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in good order, condition and repair, including all areas outside or upon the Premises or by any act or omission 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, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result in any structural damage to any Demised Properties Tenant or any injury to any personsemployee, (b) agent, contractor or invitee of Tenant shall ensure that the quality of materials be made at Tenant's sole cost and workmanship of any Repairs meets or exceeds the quality of materials expense and workmanship of the Improvements prior to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay Landlord the actual cost of any such repair or replacement, as Additional Rent, upon demand. c) In the event that Tenant fails to Landlord all costs and expenses incurred perform or satisfy any maintenance or repair obligation arising under this Section 9, Landlord, upon five (5) days prior written notice, by United States mail return receipt requested or by reputable national overnight delivery service, shall have the right, but not the obligation to perform said services. Any monies reasonably expended by Landlord in connection with performance of Tenant's obligations in this Section 9 shall, upon notice (as a consequence of such provided herein) constitute Additional Rent payable by Tenant to Landlord’s actions.

Repairs and Maintenance. Except (a) Unless otherwise expressly provided, Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises during the Term of this Lease. Landlord shall maintain only the roof, foundation, parking area, landscaped areas, and the structural soundness of the exterior walls (excluding all exterior glass and overhead doors, if any) of the Building in good repair and condition except for reasonable wear and tear. Xxxxxxxx's cost of maintaining the items set forth in this subparagraph are subject to the additional rental provisions in paragraph 4. Tenant shall repair and pay for any damage caused by the negligence or default of Tenant or Tenant's agents, employees, invitees, licensees or visitors. Landlord shall not be liable to Tenant, except as otherwise expressly provided in this ArticleLease, Tenantfor any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant shall at its own costs and expense, maintain all other parts of the Premises and other improvements on the Premises in good repair and condition including all necessary replacements, particularly, plumbing, electrical heating and air conditioning equipment. (b) Tenant shall, at its sole own cost and expense, shall maintain each repair or replace any damage or injury to all or any part of the Demised Properties and each part thereof, structural and non-structural, in good 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 Premises or the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station dock or other Permitted Use on common areas caused by Tenant or Tenant's agents, employees, invitees, licensees or visitors; provided, however, if Tenant fails to make the Demised Properties is cleaned repairs or replacements promptly, Landlord may, at its option, make the repairs or replacements and removed on a regular basis) and, subject the cost of such repairs or replacements shall be charged to Tenant as additional rental and shall become payable by Tenant with the terms and conditions payment of Article 6, the rental next due hereunder. Tenant's duty under this paragraph shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen survive termination of this Lease by lapse of time or unforeseen, but subject to Article 11 and Article 12. Without limitation, otherwise. (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, (bc) Tenant shall ensure that the quality of materials and workmanship of not allow any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior damages to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair be committed on any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanksPremises, and Tenant hereby expressly waives the right to make Repairs at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver the Premises to Landlord in as good condition as existed at the Commencement Date, ordinary wear and tear excepted. The cost and expense of Landlordany repairs necessary to restore the condition of the Premises shall be borne by Tenant, which and if Landlord undertakes to restore the Premises it shall have a right may be provided of reimbursement against Tenant. (d) All requests for in any applicable Law now repairs or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material maintenance that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with are the Securities and Exchange Commission responsibility of Landlord pursuant to Rule 24b-2 under any provision of this Lease must be made in writing to Landlord at the Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as address 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsabove.

Repairs and Maintenance. Except as otherwise provided The Lessee covenants and agrees at its sole expense to keep and maintain in this Articlegood order and first class condition and repair the interior and nonstructural portions of the Leased Premises, Tenantvisible plumbing, light bulbs, paint and wallpaper on interior walls, ceiling tiles, and similar things used exclusively for the Leased Premises, heating and air conditioning equipment, and further agrees to replace any of said equipment when necessary. Such cost of HVAC will not exceed $500.00 annually. Lessee shall keep the Leased Premises and the Fixtures and equipment therein a clean, safe and sanitary condition. The Lessee shall keep and maintain all portions of the Leased Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Lessee shall conserve heat, air conditioning, water, and electricity and shall use due care in the use of the Leased Premises and of the common areas on the Property and without qualifying the foregoing, shall not neglect or misuse water fixtures, electric lights and heating and air conditioning apparatus. Lessee shall pay promptly to Lessor forthwith, upon demand, an amount equal to any cost incurred by Lessor in repairing the Leased Premises or the Building where such repair was made necessary by the negligence of, or misuse by Lessee or an employee, customer or invitee of the Lessee, or by reason of any open window in the Leased Premises. Lessee will maintain a minimum temperature to prevent freeze-up. Lessee, at its sole cost and expense, expense shall maintain each a regularly scheduled preventative, maintenance/service contract with a maintenance contractor for the service of all hot water, heating and air conditioning systems and equipment within or servicing the Demised Properties Leased Premises. The maintenance contractor and each part thereofcontract must be approved by Lessor and must include monthly servicing, structural replacement of filters, replacement or adjustment of drive belts, periodical lubrication and non-structural, in good order, condition oil change and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on other services suggested by the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties equipment manufacturer or by Tenant’s franchisor (if applicable)the contractor. Landlord Such cost or replacement 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsnot exceed $500.00 annually.

Repairs and Maintenance. Except as otherwise provided in this ArticleA. Subject to provisions of paragraph 15, Tenant, at its sole cost Lessor shall keep and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repairrepair the structural elements of the Premises including the roof, including all areas outside of any buildings (including all sidewalksroof membrane, drivewayspaving, floor slab, foundation, exterior walls, landscaping, trash enclosuresirrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements; provided, however, that replacement and improvement costs in excess of $5,000 per occurrence shall be amortized over the useful life of such replacements or improvements, and trash compacting Lessee shall be obligated to pay, as additional rent, only the amount which coincides with the remaining term of the Lease. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same. B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and loading areas on maintain the Demised Properties)entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and including any roof on any buildingselectrical, plumbing, lighting, heating, and air conditioning systems in a neat good and clean sanitary order, condition, and 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, repair subject to the terms limitations set forth in Section 11A above. Lessee shall, at all times during the Lease term and conditions of Article 6at his expense, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall result have in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant shall ensure that effect a service contract for the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship maintenance of the Improvements prior to the need for such Repairs; (c) all Repairs shall fully comply with applicable Lawheating, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Propertyventilating, and any applicable air-conditioning (HVAC) equipment with an HVAC repair standards and requirements promulgated maintenance contractor approved by Tenant Lessor which provides for its periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or its subsidiaries’ or Affiliates’ or franchisees’) properties make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by Tenant’s 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 storage tankslaw, and Tenant without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the right provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. Except (a) Subject to reimbursement pursuant to Section 6 and the provisions of Section 10, Section 11(b) and Section 15, and except for damage caused by any negligent or intentional act or omission of Tenant or Tenant’s employees or agents, in which event Tenant shall repair the damage, Landlord shall repair, maintain, and operate the Common Areas and repair and maintain the roof and exterior and structural parts of the Building so that they are kept in good working order and repair. If any heating, air conditioning, ventilation, plumbing, electrical, or other equipment serves both the Leased Premises and portions of the Common Areas or both the Leased Premises and other parts of the Building, Landlord shall maintain and operate and replace when necessary that equipment. Landlord shall not be responsible for repairs required by an accident, fire, or other peril or for damage caused to any part of the Project by any act or omission of Tenant or Tenant’s employees or agents, except as otherwise provided required by this Lease. Landlord may engage contractors of Landlord’s choice to perform the obligations required by this Section, and the necessity of any expenditure to perform those obligations shall be at the sole discretion of Landlord. Tenant expressly waives the benefits of any statute now or later in this Articleeffect that would otherwise give Tenant the right to make repairs at Landlord’s expense and deduct that cost from rent owing to Landlord. (b) Subject to the provisions of Section 11(a) and Section 15, Tenant, at its sole cost Tenant shall clean and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition condition, and repairrepair and replace when necessary the following: (i) all plumbing and sewage facilities in the Leased Premises, including but not limited to all plumbing fixtures, pipes, fittings, or other parts of the plumbing system in the Leased Premises; (ii) all fixtures, interior walls, floors, carpets, draperies, window coverings, and ceilings in the Leased Premises; (iii) all windows, doors, entrances, and plate glass in the Leased Premises; (iv) all electrical facilities and all equipment in the Leased Premises, including all areas outside of any buildings (including all sidewalkslight fixtures, drivewayslamps, landscapingbulbs, trash enclosurestubes, fans, vents, exhaust equipment, and trash compacting and loading areas on systems; and (v) any fire detection or extinguisher equipment in the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 need for such Repairs; Leased Premises. (c) all Repairs With respect to utility facilities serving the Leased Premises, Tenant shall fully comply with applicable Law, be responsible for the requirements maintenance and repair of any covenantsfacilities that serve only the Leased Premises, conditions, restrictions or other permitted encumbrances including all facilities that are within the walls or floor or on the roof of record regarding the applicable Demised PropertyLeased Premises, and any applicable part of the facility that is not within the Leased Premises, but only up to the point where the facilities join a main or other junction from which the utility services are distributed to other parts of the Project as well as to the Leased Premises. (d) Tenant shall: (i) maintain, repair, and replace when necessary all heating, air conditioning, and ventilation equipment that services only the Leased Premises, and shall keep the them in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed repair standards and requirements promulgated maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the Lease. However, Landlord may elect at any time during the term of the Lease to assume responsibility for the maintenance, repair, and replacement of the heating, air conditioning, and ventilation equipment that serves only the Leased Premises. Tenant shall maintain continuously throughout the term of the Lease a service contract for its the washing of all windows, both interior and exterior surfaces, in the Leased Premises; the contract should provide for the periodic washing of all windows at least once every forty-five (45) days during the term of the Lease. (e) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural parts of the Building or its subsidiaries’ if the estimated cost of any item of repair or Affiliates’ or franchisees’replacement is in excess of [dollar amount], Tenant shall first obtain Landlord’s written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. (f) properties or by If Tenant fails to perform Tenant’s franchisor obligations under this Section or under any other section of this Lease, after five (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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (305) days after receipt of days’ prior written notice of the need therefor from to Tenant, except in an emergency when no notice shall be required, Landlord or any other Person describing the applicable Repair or other obligation, then Landlord or its agents may enter the Demised Properties for Leased Premises, perform the purpose obligations on Tenant’s behalf, and recover the cost of making such Repairs or fulfilling those obligations. performance, together with interest at the maximum rate then allowed by law, as additional rent payable by Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence with the next installment of such Landlord’s actionsBase Rent.

Repairs and Maintenance. Except as otherwise A. During the term of this Sublease, Sublessor shall make or cause to be made all structural repairs to the Sublet Premises, except those occasioned by the acts of Sublessee, its agents, employees or invitees, which repairs shall be made at Sublessee's sole cost and expense. Structural repairs are defined herein to mean repairs to the roof, roof supports, bearing walls, foundation and structural steel. Sublessee shall, at its own cost and expense, keep and maintain the Sublet Premises in good condition, repair and maintenance and shall make all nonstructural repairs and replacements in the Sublet Premises including, but not limited to (i) maintenance, repair and replacement of the electrical, plumbing, sprinkler, HVAC, sewer/sanitary, life safety and other mechanical systems serving the Sublet Premises, (ii) maintenance, repair and replacement of windows, glass and plate glass, doors and any special office entry, walls and finish work, floors and floor covering, docks, dock boards, truck doors and dock bumpers, (iii) regularly scheduled cleaning and maintenance of the interior of the Sublet Premises, and (iv) keeping the exterior of the Sublet Premises clean and free of debris, snow and ice and keeping the parking areas, driveways, and the whole of the Sublet Premises in a clean and sanitary condition. B. The cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the Sublet Premises from any adjacent premises occupied by other tenants) shall be shared equally by Sublessee and the tenant occupying adjacent premises. Sublessee shall not damage any party wall or disturb the integrity and support provided in this Articleby any party wall and shall, Tenantat its sole cost and expense, promptly repair any damage or injury to any party wall caused by Sublessee or its employees, agents or invitees. Notwithstanding the foregoing, Sublessor, at its sole cost and expense, shall perform the work and make the installations set forth on Exhibit D hereto to render secure the common wall shared with Sleepys, LLC, the existing subtenant at the Demised Premises, such work to be performed in compliance with applicable law and in a workmanlike manner. C. Sublessor shall maintain each or cause to be maintained the exterior portion of the Demised Properties Sublet Premises including landscaped areas, parking areas, driveways and each part thereofother exterior areas and Sublessee agrees to pay, structural upon Sublessor's demand therefore, as additional rent, an amount equal to Sublessee's proportionate share, as reasonably determined by Sublessor, of Sublessor's cost of maintenance and non-structuralrepair of the exterior portion of the Sublet Premises (except to the extent such costs are to be borne by Sublessor per Section 6(A) above) and of the landscaped areas, in good orderparking areas, condition driveways and repairother exterior areas including, including all areas outside of any buildings (including all sidewalkswithout limitation, drivewaysgardening, landscaping, trash enclosuresplanting, replanting and trash compacting replacement of flowers, shrubbery and loading areas on the Demised Properties)grass, striping, repair of paving, curbs and including any roof on any buildingswalkways, in a neat repair and clean conditioncleaning of drainage facilities, snow and 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 ice removal, exterior lighting, sprinkler fireline systems and removed on a regular basis) andsprinkler supervisory service and maintenance, subject to the terms repair and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 replacement of the Improvements prior sanitary system. D. Sublessee shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all heating and air conditioning systems and equipment within the Sublet Premises. The maintenance contractor and the contract must be approved by Sublessor. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to the need for such Repairs; (cSublessor) 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 date Sublessee takes possession of 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsSublet Premises.

Repairs and Maintenance. Subject to the provisions of Xxxxxxxxx 00, Xxxxxxxx shall keep and maintain the structural elements, exterior roof and exterior walls of the Building in good order and repair. Landlord shall not, however, be required to maintain, repair or replace the interior surface of exterior walls, nor shall Landlord be required to maintain, repair or replace the windows, doors or plate glass. Landlord shall have no obligation to make repairs under this Subparagraph until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Tenant shall reimburse Landlord, as Additional Rent, within fifteen (15) days after receipt of billing, for the cost of such repairs and maintenance which are the obligation of Landlord hereunder (including the cost of repairs and maintenance of the roofing, roof membrane, skylights, gutters and down spouts), provided however, that Tenant shall not be required to reimburse Landlord for the cost of maintenance and repairs of the structural elements of the Building unless such maintenance or repair is required because of the negligence or willful misconduct of Tenant or its employees, agents, or invitees. As used herein, the term "structural elements of the Building" shall mean and be limited to the foundation, footings, floor slab (but not flooring), structural walls, and roof structure (but not roofing or roof membrane). Except as otherwise expressly provided in this ArticleSubparagraph 10.A above, TenantTenant shall, at its sole cost cost, keep and expense, shall maintain each of the Demised Properties entire Premises and each every part thereof, structural including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and non-structuralall door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacements, including restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Should Tenant fail to make repairs required of Tenant hereunder forthwith upon five (5) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall reimburse Landlord as Additional Rent for the cost of such maintenance or repairs within five (5) days of written demand by Landlord. Landlord shall have no maintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Subparagraph 10.A and Paragraph 11 and 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. There shall be no allowance to Tenant for diminution of rental value, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from the making of, or the failure to make, any repairs, alterations, decorations, additions or improvements in or to any portion of the Premises or the Building or Common Area (or any of the areas outside used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant or any other tenant or occupant of the Parcel. In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises, the Building, or the Common Area, nor, except in the case of Landlord's gross negligence or wilful misconduct, shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any buildings (including all sidewalksother tenant, drivewaysif any, landscaping, trash enclosures, and trash compacting and loading areas on of the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from Building or 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 Parcel. Subject to the terms and conditions of Article 6this Lease and such rules and regulations as Landlord may from time to time prescribe, shall make any necessary Repairs theretoTenant and Tenant's employees, interior invitees and exteriorcustomers shall, whether extraordinary, foreseen or unforeseen, 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 common with other occupants of the Improvements prior Parcel, and their respective employees, invitees and customers, and others entitled to the need use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area. Landlord further reserves the right to promulgate such Repairs; (c) all Repairs shall fully comply with applicable Law, reasonable rules and regulations relating to the requirements use of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised PropertyCommon Area, and any applicable repair standards part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and requirements promulgated regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have the non-exclusive use of no duty whatsoever more than forty (40) of the parking spaces in the Common Area as designated from time to maintain, replace, upgradetime by Landlord. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or repair the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Demised PropertiesCommon Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair similar to the manner the Common Area is currently being maintained. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including any structural itemswithout limitation, roof or roofing materialsmaintenance and repair of landscaping, or any aboveground or underground storage tanksirrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant hereby expressly waives the right shall pay to make Repairs at the expense Landlord Tenant's Pro Rata Share of Landlord, which right may be such costs as provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 obligationsParagraph 12 below. Tenant shall pay to Landlord, as Additional Rent, upon demand but not more often than once each calendar month, an amount equal to Tenant's Pro Rata Share of the Common Area Charges as defined in Subparagraph 8.B and Paragraphs 9, 11, 13 and 36 of this Lease. Tenant acknowledges and agrees that the Common Area Charges shall include an additional five percent (5%) of the actual expenditures in order to compensate Landlord for accounting, management and processing services. Tenant shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or additions at the termination of this Lease, and to restore the Premises to their prior condition. Unless Landlord requires that Tenant remove any such alteration, improvement or addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all costs heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and expenses incurred subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Term hereof, any alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall promptly make the same at its sole cost and expense. If during the Lease Term, any alteration, addition, or change to the Common Area is required by law, regulation, ordinance or order of any public agency, Landlord shall make the same and the cost of such alteration, addition or change shall be a Common Area Charge and Tenant shall pay Tenant's Pro Rata Share of said cost to Landlord as a consequence provided in Paragraph 12 above. By entry and taking possession of the Premises pursuant to this Lease, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the Premises in their condition existing as of the date of such entry, and Tenant further accepts the tenant improvements to be constructed by Landlord’s actions, if any, as being completed in accordance with the plans and specifications for such improvements, except for punch list items. Tenant acknowledges that neither Landlord nor Landlord's agents has made any representation or warranty as to the suitability of the Premises to the conduct of Tenant's business. Any agreements, warranties or representations not expressly contained herein shall in no way bind either Landlord or Tenant, and Landlord and Tenant expressly waive all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Lease. This Lease constitutes the entire understanding between the parties hereto and no addition to, or modification of, any term or provision of this Lease shall be effective until set forth in a writing signed by both Landlord and Tenant.

Repairs and Maintenance. Except as otherwise provided in this Article6.1 The Landlord, Tenantshall, with due diligence, at its own cost and expense and without reimbursement by Tenant, make all repairs, maintenance and necessary replacements to the structure and foundation of the building (including without limitation the floor slab and interior and exterior load bearing walls), and shall perform any required replacement of the roof and parking area, provided that any damage to the foregoing is not caused by the negligence of the Tenant, its servants, employees, invitees or agents, in which case Landlord shall make any necessary replacement and/or repair such damage at Tenant's sole cost and expense, . The Landlord shall maintain each of and repair the Demised Properties parking area, maintain and each part thereofrepair the roof, structural and non-structural, in good order, condition and repair, including all areas outside of any buildings (including all sidewalksmaintain and replace the roof leaders, drivewaysflashings, landscapingmetal gravel stops, trash enclosuresgutters and drains, and trash compacting maintain and loading areas on repair all common areas, if any and the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring exterior of the building (excluding Tenant's signs) it being understood 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). reimburse 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice demand (not more than one demand to be made per month), for Tenant's Pro Rata Share of the need therefor cost of the foregoing, provided that Landlord shall furnish to Tenant a breakdown of such cost and a computation of Tenant's Pro Rata Share 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 leased premises, including, but not limited to the floor coverings, loading docks, windows and doors, the air-conditioning and heating plant, the plumbing, pipes and fixtures belonging thereto; and shall replace, as needed, all working parts in connection with maintenance and repair of the air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including ballasts and fluorescent fixtures; and shall keep the water and sewer pipes and connections free from Landlord ice and other obstructions, and shall generally maintain and repair the leased premises and shall, at the end of the expiration of the term, deliver up the leased premises in good order and condition, damages by the elements, and ordinary wear and tear excepted. 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 other Person describing overloading of the applicable Repair or other obligationfloors of the building, then Landlord or its agents may enter constituting part of the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. leased premises. 6.3 The Tenant shall pay reimburse the Landlord for Tenant's Pro Rata Share of the Landlord's total expense in maintaining, repairing and replacing the lawns and shrubbery, and in maintaining the driveways and parking areas of the entire Property, which said sum shall be paid by the Tenant to the Landlord all costs within thirty (30) days from the date of billing together with a complete breakdown of the cost items and expenses incurred by computation of Tenant's Pro Rata Share with respect thereto. The Landlord as a consequence shall also keep the walks and parking area applicable to the entire Property free and clear of ice, snow and debris, with Tenant being responsible for Tenant's Pro Rata Share of such Landlord’s actionsexpenses.

Repairs and Maintenance. (a) Except as otherwise expressly provided in this Articleparagraph 3 and subparagraph 12(b) below, Tenant, at Tenant’s sole cost and expense, shall keep and maintain all portions of the Premises (including nonstructural, interior portions, systems and equipment) at all times during the term hereof in good order, condition and repair as a first-class retail/commercial real property development (including interior repainting and refinishing, as needed), and shall be responsible for all maintenance to the same. Such repair and maintenance shall include, but not be limited to, all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises, all exterior and interior doors and door closures, and all plate glass located in the Premises. In addition, Tenant shall, at its expense, obtain from a HVAC service company designated by or reasonably satisfactory to Landlord and maintain during the term of this Lease a quarterly maintenance service contract on the HVAC unit that serves the Premises. If any portion of the Premises or any system or equipment in or serving the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in or serving the Premises, regardless of whether the benefit of such replacement extends beyond the term of this Lease; but if the benefit or useful life of such replacement extends beyond the term of this Lease (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated such that Tenant shall be liable only for that portion of the cost which is applicable to the term of this Lease (as extended). It is the intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Premises which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Tenant shall pay directly to the vendors all costs incurred by Tenant for the operation and maintenance of the Premises. At the expiration or earlier termination of this Lease, and subject to the provisions of paragraph 12(c) with respect to alterations or improvements to the Premises made by Tenant, Tenant shall return the Premises to the Landlord in as good condition as when received, ordinary wear and tear excepted. Notwithstanding the foregoing, Landlord shall assign and transfer all warranties for Tenant’s benefit in the event Tenant is required to promptly replace such portion of the Premises or system or equipment in or serving the Premises including but not limited to all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises. (b) Notwithstanding the provisions of subparagraph 12(a) above, Landlord, at Landlord’s sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repair: (i) all structural elements of the Building, including all areas outside of any buildings including, without limitation, the floor slab, footings, foundations, exterior walls (including all sidewalksbut excluding windows, drivewaysdoors, landscapingplate glass, trash enclosuresskylights, entries, and trash compacting and loading areas on the Demised Propertiesinterior surfaces of exterior walls), and including any roof on any buildingsstructure, in a neat and clean conditionroof deck, and ensuring that debris all utility lines from the operation point of each convenience food store and/or retail automobile fuel station or other Permitted Use on connection in the Demised Properties is cleaned street up to the point of connection to the Building, and removed on a regular basis(ii) and, subject to reimbursement as set forth in paragraph 10(a), the terms parking areas and conditions other common areas of Article 6, the Project. Landlord shall not be obligated to make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs such repairs unless Landlord shall result in any structural damage to any Demised Properties or any injury to any persons, (b) have received written notice from 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 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 applicable Demised Propertyrepairs, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have a reasonable period of time to make such repairs. Notwithstanding the foregoing, in no duty whatsoever event shall Landlord be responsible for any repairs which are required to maintainbe made due to the acts of Tenant or Tenant’s agents, replaceemployees or invitees, upgradeall of such repairs to be made by Tenant at Tenant’s sole cost and expense. Further, or repair Landlord’s liability with respect to any portion repairs for which Landlord is responsible under any of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and Tenant hereby expressly waives provisions of this Lease shall be limited to the right to make Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence cost of such Landlord’s actionsrepairs.

Repairs and Maintenance. Except as otherwise provided The Lessor shall maintain the kitchen equipment, foundation, exterior walls (with the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) and exterior painting or other treatment of exterior walls, and the roof of the leased Premises in this Articlegood repair except that the Lessor shall not be required to make any repairs resulting from the negligence or acts of negligence on the behalf of the Lessee, Tenantits staff, employees, sublessees, licensees and concessionaires. The Lessee shall be responsible for maintenance of the common areas and common area equipment and furnishings. Any such repairs and/or maintenance in which the Lessor would be responsible, the Lessee agrees to provide Lessor with written notice of the needed repairs and/or maintenance, and Lessor shall ensure that any repairs and/or maintenance shall be made and completed within a reasonable time frame. Lessee shall notify the Lessor of any emergency repairs to be made. Lessee shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole cost and expense, shall maintain each of the Demised Properties make all needed repairs and each part thereof, structural and non-structural, in good order, condition and repairreplacements, including all areas outside replacement of cracked or broken glass, windows, doors, door closure devices, door and window frames, molding, locks and hardware, except for repairs and replacements required to be made by the Lessor under this section. In the event that any buildings (including all sidewalksrepairs required to be made by the Lessee hereunder are not made within 60 days after written notice delivered to the Lessee by the Lessor, driveways, landscaping, trash enclosuresthe Lessor shall reserve the right and option to make or have said repairs made without liability to the Lessor for any loss or damage which may result by reason of such repairs, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 Lessee shall pay to Landlord all costs and expenses incurred by Landlord the Lessor, upon demand as a consequence additional rent hereunder, the cost of such Landlord’s actionsrepairs plus. At the termination of this Lease, Xxxxxx shall deliver the leased premises in good order and condition, normal wear and tear excepted. Normal wear and tear means the deterioration which results from normal use and not as an act of carelessness, neglect, accident or abuse.

Repairs and Maintenance. Except as otherwise provided in this Article, TenantLessee shall, at its Lessee’s sole cost and expense, shall maintain each the Premises and Lot in good, clean and safe condition and repair to the satisfaction of the Demised Properties Lessor any damage thereto caused by Lessee or its employees, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing and each part thereofexcepting only Lessor’s limited responsibilities set forth in this Paragraph. Lessee shall be solely responsible for maintaining and repairing all plumbing, structural electrical wiring and non-structuralequipment, lighting, and walls. Lessor may repair the heating, ventilation and air conditioning systems as deemed necessary by Lessor or Lessee and Lessee shall pay the cost of such repairs. Except for repairs rendered necessary by the intentional or negligent acts or omissions of Lessee, and Lessee’s agents, contractors, customers, employees and invitees, Lessor agrees at Lessor’s sole cost and expense, to keep in good orderrepair the structural portions of the roof, condition foundations and repair, including all areas outside exterior walls of any buildings the Premises (including all sidewalks, driveways, landscaping, trash enclosures, exclusive of glass and trash compacting and loading areas on the Demised Propertiesexterior doors), and including any roof on any buildings, in a neat underground utility and clean condition, and ensuring that debris from sewer pipes outside the operation exterior walls 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 Building. Lessor shall cause the HVAC system to be maintained as frequently as recommended by the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseenmanufacturer, 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 case not less than quarterly. Lessor shall ensure that maintain the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship exterior of the Improvements prior Premises and Lessee shall reimburse to Lessor all expenses therefor. Except for normal maintenance and repair of the need for such Repairs; (c) all Repairs shall fully comply with applicable Lawitems outlined above, the requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord Lessee shall have no duty whatsoever right of access to maintain, replace, upgrade, or repair install any portion device on the roof of the Demised Properties, including Building nor make any structural items, roof or roofing materials, or any aboveground or underground 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice penetrations of the need therefor from Landlord or any other Person describing roof of the applicable Repair or other obligation, then Landlord or its agents may enter Building without the Demised Properties for the purpose express prior written consent of making such Repairs or fulfilling those obligations. Tenant shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsLessor.

Repairs and Maintenance. Except as otherwise provided in this Article, Tenant, at its sole cost and expense, LESSEE shall maintain each the interior of the Demised Properties demised premises (including the interior walls, ceiling and each part floor, plumbing system and fixtures, electrical system and fixtures (including bulbs and ballasts), heating and air conditioning equipment, ("HVAC") and all windows and window glass and doors) in good repair, including the replacement of said equipment (excluding HVAC), and in a clean and attractive condition. At all times during the term of this Lease LESSEE shall secure and maintain a maintenance contract with a licensed HVAC contractor for annual maintenance on the HVAC system and shall forward to LESSOR a copy of such contract for LESSOR's records. In the event LESSEE fails to supply such documentation to LESSOR, LESSOR may contract for such maintenance and charge to LESSEE the cost either directly or in the NNN charges for said maintenance. LESSOR shall maintain the exterior walls, foundations and roof of the premises, provided however that LESSEE shall be responsible to LESSOR for all out of pocket expenses incurred by LESSOR as a result of fire damage or other casualty to the property which damage is caused by the LESSEE or the LESSEE's equipment or signage. LESSEE shall be liable for and shall reimburse the LESSOR for the cost of any repairs necessitated by the acts or omissions of LESSEE, his agents, employees or invitees. If LESSEE refuses or neglects to repair or maintain the premises, as required hereunder, to the reasonable satisfaction of LESSOR, LESSOR may make such repairs without liability to LESSEE for any loss or damage that may accrue to LESSEE's business by reason thereof, structural and non-structuralupon completion thereof LESSEE shall pay LESSOR's costs for making such repair upon presentation of a bill thereof. Upon the termination of the Lease, LESSEE shall xxxxve all signage and surrender the premises to LESSOR in a broom clean condition, with the HVAC system in good order, operating condition and repair, including and all areas outside of light bulbs and ballasts in working order. LESSEE shall further repair any buildings (including and 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, and 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 damage to the terms and conditions leased premises resulting from LESSEE's removal of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 need for such Repairs; (c) all Repairs shall fully comply with applicable Law, the requirements of any covenants, conditions, restrictions or signage and/or other permitted encumbrances that are of record regarding the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionstrade fixtures.

Repairs and Maintenance. A. Subject to provisions of Paragraph 16, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, the exterior walls of the building in which the Premises are located and all common areas in good order and repair. Lessee shall not be responsible for building ----------------------------------------------- foundations, exterior wall structure or roof structure. Lessee shall be ------------------------------------------------------------------------ responsible for the roof membrane and painting of exterior walls. Lessee shall ----------------------------------------------------------------- reimburse Lessor for its proportionate share of said expense within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance are required because of an act or omission of Lessee, or its agents, employees, or authorized representatives, Lessee shall pay to Lessor upon demand 100% of the costs of such repair or maintenance. B. Except as otherwise expressly provided in this ArticleSub-paragraph (A) above, Tenant, Lessee shall at its sole cost cost, keep and expense, shall maintain each of the Demised Properties entire Premises and each every part thereof, structural including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and nonpartitions, and the electrical, plumbing, heating and air-structural, conditioning systems in good and sanitary order, condition and repair. Lessee shall, including at all areas outside times during the Lease term, have in effect a service contract for the maintenance of any buildings the heating, ventilating and air- conditioning (including HVAC) equipment with a HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof and shall provide Lessor with a copy of such contract and all sidewalksperiodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, drivewaysLessor, landscaping, trash enclosuresin addition to all other remedies available hereunder or by law, and trash compacting without waiving any alternative remedies, may make the same, and loading areas in that event, Lessee shall reimburse Lessor as additional rent for the reasonable cost of such maintenance or repairs on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12next date upon which rent becomes due. 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 storage tanks, and Tenant Lessee hereby expressly waives the right provisions of Sub-section 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make Repairs repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934Lessor, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt provided in Section 1942 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionssaid Civil Code.

Repairs and Maintenance. Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good 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, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs Landlord shall result at its expense and not as an Operating Expense, repair and maintain the foundation and structural portions of the Building. Landlord shall, as an Operating Expense (except as excluded herein), repair and maintain the exterior roof, the nonstructural components of the exterior walls of the Building and the improvements within the Common Areas including without limitation any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), parking areas, fences and signs (other than Tenant’s signs). Subject to the waivers set forth in Paragraph 15, to the extent any structural damage to such maintenance and repairs are caused in part or in whole by the act, neglect or omission of any Demised Properties duty by Tenant or any injury to any personsTenant’s employees, (b) agents, contractors or invitees, then 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 pay to the need for such Repairs; (c) all Repairs shall fully comply with applicable LawLandlord, as Additional Rent, the requirements entire cost of any covenantssuch maintenance and repairs. Landlord shall not, conditionshowever, restrictions be obligated to paint the interior surface of exterior walls, ceiling or other permitted encumbrances that are of record regarding the applicable Demised Propertydoors, and any applicable nor shall Landlord be required to maintain, repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor replace interior doors, interior glass, skylights (if applicable)any) or plate glass. 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 storage tanks, and Tenant hereby expressly waives the right obligation to make Repairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights repairs under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30this Paragraph 10.1(a) days until a reasonable time after receipt of written notice of the need therefor from for such repairs (or verbal notice in the event of an emergency). Landlord shall maintain, repair or patch the roof membrane as an Operating Expense, and Tenant shall pay Tenant’s Share of the cost thereof, pursuant to Paragraph 4.2 above. Landlord shall have no obligation to alter, remodel, improve, decorate or paint the Premises or any part thereof, except as expressly provide in Exhibit C. Subject to Paragraphs 13(b) and 25.19 and other Person describing express provisions of this Lease, 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 applicable Repair making of any repairs, alterations or other obligationimprovements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Landlord shall use commercially reasonable efforts to coordinate such work with Tenant and perform such work in such a manner as to reasonably minimize the disruption of Tenant’s use of the Premises. Tenant expressly waives the benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord’s expense (or to deduct the cost of such repairs from rent due hereunder) or to terminate this Lease, except as expressly provided in this Lease. Notwithstanding the foregoing, in the event Landlord materially defaults in its obligation to repair or maintain the Building or the Premises as required, then Tenant may effect said repair or maintenance and deduct from rent an amount not to exceed the lesser of $75,000 or the reasonable and verifiable costs of said repair or maintenance, provided that (A) not less than thirty (30) days (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises) prior to effecting such repair or maintenance, Tenant delivers to Landlord written notice of the need for such repair or maintenance and of Tenant’s intention to effect such repair or maintenance, and (B) within thirty (30) days following Tenant’s notice (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises), Landlord fails to effect such repair or maintenance or, if such repair or maintenance requires longer than thirty (30) days to complete, Landlord has failed to take reasonable and diligent steps to effect such repair or maintenance and to proceed to pursue such repair or maintenance to completion. (b) Except to the extent included within Landlord’s maintenance and repair obligations under Paragraph 10.1(a) above, Tenant, at Tenant’s sole cost and expense, shall keep, maintain and preserve the Premises in good condition and repair (reasonable wear and tear excepted) and shall, promptly make all non-structural repairs and replacements to the Premises and every part thereof, including but not limited to floors, ceilings, interior windows and doors, skylights (if any), interior walls, and the interior surfaces of the exterior walls, plumbing, heating, air conditioning and ventilating equipment, telecommunications equipment and intrabuilding network cabling, and electrical and lighting facilities and equipment including circuit breakers. Tenant shall have access to the roof of the Building to perform its HVAC and related maintenance obligations. In the event Tenant fails to perform Tenant’s obligations under this Paragraph, Landlord shall give Tenant notice to do such acts as Landlord deems are reasonably required to so maintain the Premises. If Tenant, within ten (10) days after notice from Landlord, fails to commence to do the work and diligently prosecute it to completion, then Landlord or its agents may enter shall have the Demised Properties for right (but not the purpose obligation) to do such acts and expend such funds at the expense of making Tenant as are reasonably required to perform such Repairs or fulfilling those obligationswork. Tenant shall pay to Landlord all costs and expenses incurred Any reasonable amount so expensed by Landlord shall be paid by Tenant promptly after demand as Additional Rent. Subject to Paragraphs 13(b) and 25.19 and other express provisions of this Lease, Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant as a consequence result of performing any such Landlord’s actionswork.

Repairs and Maintenance. (A) Subject to provisions of Section 15, Landlord shall keep and maintain the roof, structural elements and exterior walls of the Building in good order and repair. The "structural elements" of the Building shall include the electrical, plumbing and lighting systems other than those items of such systems which are fixtures in the interior of the Premises. Tenant shall be responsible for maintenance and repair of the heating and air conditioning systems unless repairs are the result of defective installation or materials, in which event Landlord shall repair the same at its own expense. However, Landlord may elect, at its option, to keep and maintain the heating and air conditioning systems of the Premises. The cost of the repairs and maintenance which Landlord elects to perform pursuant to the preceding sentence shall be a Common Area Charge and Tenant shall pay its share of such costs to Landlord as provided in Section 11 below. Other repairs and maintenance done pursuant to this Subsection 9(a) shall be at the sole expense of Landlord. However, if any repairs or maintenance are required because of an act or omission of Tenant, its agents, employees or invitees, Tenant shall pay to Landlord, upon demand, on hundred percent (100%) of the costs of such repair or maintenance unless such repair or maintenance is covered by insurance provided pursuant to this Lease, in which case Tenant shall pay the deductible amount of such insurance, such deductible not to exceed One Thousand Dollars ($ 1,000.00). (B) Except as otherwise expressly provided in this ArticleSubsection 9(a) above, TenantTenant shall, at its sole cost cost, keep and expense, shall maintain each of the Demised Properties entire Premises and each every part thereof, structural including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors and non-structuralall door hardware, in good order, condition the interior walls and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosurespartitions, and trash compacting the electrical, plumbing, lighting, heating and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actions.air conditioning

Repairs and Maintenance. Except as otherwise provided At all times during the term hereof, Lessee, at Lessee’s expense, will maintain the Premises in this Article, Tenantgood and usable condition and promptly make, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and all necessary non-structural, in good order, condition structural repairs 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, and 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 replacements to the terms Premises and conditions perform and pay for the operation, maintenance and repair of Article 6fixtures and supplemental air conditioning units or any other equipment, which may be installed by Lessee, Lessee will immediately pay the cost of repair and replacement due to damage or injury to the Office Building by Lessee or its employees, agents, partners, officers, licensees, invitees, subcontractors or guests, ordinary wear and tear excepted. Lessee shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject all required repairs promptly. If Lessee fails 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 make such repairs to the 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 applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above Premises within thirty (30) days after receipt of Lessor’s written notice to Lessee, Lessor may, at its option, make such repairs, and Lessee shall pay all such reasonable costs. Lessee shall pay all such reasonable costs to the Lessor on demand as Additional Rent. Notwithstanding the foregoing, Lessee shall not be responsible for any repairs or replacements to the Premises to the extent that any such work is covered by any warranties. Except for repairs, replacements and maintenance that Lessee is obligated to perform pursuant to this Paragraph 9, Lessor shall perform all other repairs, replacements and maintenance to the Premises and the Office Building in a manner consistent with Class A office buildings and in a manner such that all such elements are properly functioning throughout the Lease Term, including the exterior walls, the roof, and foundation, windows, plumbing and interior structural walls of the need therefor from Landlord or Office Building, and any other Person describing the applicable Repair common use mechanical, electrical, sanitary, heating, ventilating, air conditioning or other obligationsystems or equipment within the Office Building that are not exclusively used by any Lessee in good order, then Landlord condition, and repair, shall replace the same as required, in Lessor’s sole and absolute judgment, and shall comply with all Laws related thereto. Lessee shall not make any repairs to the Premises, the Common Areas, or its agents may enter the Demised Properties for Office Building at the purpose cost of making Lessor, whether by deduction or offset of rent or otherwise, or vacate the Premises or terminate this Lease if repairs which Lessor is obligated to make under this Lease are not made, and Lessee hereby waives any and all such Repairs or fulfilling those obligations. Tenant shall pay right under any Laws to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsthe contrary.

Repairs and Maintenance. Except as otherwise provided in this Article9.1. From and after the Commencement Date, TenantLessor, at its Lessor’s sole cost and expense, shall repair, maintain each and keep in good condition the footing, foundations and structural walls of the Demised Properties Building, but not including the roof of the Building (except that Lessor shall be responsible for any defect in workmanship or materials in Lessor’s Work) and each part thereoffurther excepting any structural repairs or maintenance required as a result of the negligence of Lessee, structural or of Lessee’s agents, contractors, servants, employees or invitees on or about the Premises, or which otherwise arises as a result of Lessee’s use of the Premises for activities different from those currently conducted therein. 9.2. From and nonafter the Commencement Date, Lessee, at Lessee’s sole cost and expense, shall repair, maintain and keep in good condition the roof of the Building and the roof structure following completion of the same by Lessor (subject to Lessor’s responsibilities contained in Section 9.1 above) and the interior of the Building which shall include all systems and equipment within the Building including (but not limited to) repair and maintenance of all elevators, HVAC systems, boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment within the Building, and Lessee shall also be responsible for any repairs or maintenance which would otherwise be the responsibility of Lessor pursuant to Section 9.1 above, but the need for which arises as a result of Lessee’s activities as therein more particularly described. Notwithstanding the foregoing, Lessee shall not be responsible for any such repairs and maintenance, the need for which arises as a result of the negligence of Lessor or of Lessor’s agents, contractors, servants, employees or invitees. 9.3. Lessee shall at all times keep the hallways and entrances to the Building free and clear of debris, and shall also provide for interior janitorial service (including carpet maintenance), interior painting (and re-structuralpainting, where necessary), replacement of lighting ballasts and bulbs, and interior and exterior window cleaning. 9.4. Lessee shall, at Lessee’s sole cost and expense, repair and maintain, in good ordera manner consistent with comparable first-class office space in Fairfield County, condition and repairConnecticut, including all areas outside of any buildings (including all the parking area, access roads, sidewalks, drivewayslawns and planting areas at the Premises, which maintenance shall include (as necessary, desirable and/or appropriate) the mowing, landscaping, trash enclosuresplowing, sanding and sweeping thereof. With respect to the access roads that do not form a part of the Premises but are within the Park, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including paving, sanding and plowing the same, and trash compacting and loading areas Lessee shall pay Lessee’s pro rata share of the cost thereof to Lessor, as reasonably determined by Lessor. 9.5. Lessee shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed on the Demised Properties), Premises and/or within the Building which shall cause or be likely to cause injury or damage to any person or to the Premises or to any part thereof. Lessee at all times shall keep the Premises and including any roof on any buildings, the Building in a neat and orderly condition and clean conditionand free from rubbish, dirt and other miscellaneous items. Lessee shall make provision for adequate refuse containers to be placed upon the Premises in areas to be designated by Lessor and shall cause the same to be emptied periodically. Lessee shall deposit all refuse in such containers and shall keep the area around the same reasonably neat and attractive. 9.6. Without prejudice to the generality of the obligations of Lessee pursuant to this Section 9, it is agreed and understood that any time during the Initial Term and/or the Renewal Term (as appropriate) Lessee shall, at Lessee’s sole cost and expense, and 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 in a good and removed on a regular basis) andworkmanlike manner, subject perform and complete Lessee’s Additional Work. With respect to the terms and conditions carrying out of Article 6Lessee’s Additional Work, Lessor shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject be provided with a reasonable opportunity 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 bid for the quality of materials and workmanship of any Repairs meets or exceeds the quality of materials and workmanship carrying out of the Improvements same, and insofar as the same are applicable, Lessee shall otherwise comply with all of the provisions of Section 10 below. In the event that Lessee shall have failed to commence Lessee’s Additional Work within six (6) months prior to the need expiration of the Initial Term (if Lessee shall have failed to exercise Lessee’s option for such Repairs; the Renewal Term pursuant to Section 23 below) or in the event that Lessee shall have failed to commence Lessee’s Additional Work within six (c6) all Repairs months of the end of the Renewal Term, then Lessor shall fully comply with applicable Law, have the requirements right (but not the obligation) to enter the Premises and carry out Lessee’s Additional Work for the account of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised PropertyLessee, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. 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 pay to Landlord all reasonable costs and expenses incurred by Landlord Lessor in so doing shall be paid by Lessee within ten (10) Business Days after demand thereafter by Lessor (which demand may be by way of installment as a consequence of such Landlord’s actionsthe work progresses) as Additional Rent hereunder.

Repairs and Maintenance. Except (a) Subject to subsection (b) below, Lessee agrees, throughout the Lease Term, to maintain the Leased Premises in good working condition and repair (reasonable wear and tear and Casualty (defined below) excepted), including, without limitation, all of the common areas, parking lot (including the snow removal and treatment of ice, and routing maintenance of the parking lot, excluding resurfacing and re-striping thereof), landscaping, and routine maintenance of the foundations, floors, exterior walls, roof and any other structural elements of the Building and the Leased Premises, and the interior of the Leased Premises. Unless otherwise stipulated herein, Landlord shall not be required to make any improvements to or repairs of any kind or character to the Leased Premises during the Lease Term. (b) Lessor agrees to repair and replace (but not perform routine maintenance), as otherwise provided necessary, the parking lot (including resurfacing, re-striping, and replacing as reasonably necessary), foundations, floors, exterior walls, roof and all other structural elements of the Building and the Leased Premises upon the request of Lessee. Any such item shall be deemed to require replacement if the cost to repair is estimated to be at least thirty percent (30%) of the replacement cost. Lessor’s costs for such repairs and replacements shall be reimbursed by Lessee pursuant to subsection (c) below, provided, however, that if the cost of any single improvement exceeds $25,000, such expense shall be amortized over the useful life of the improvement at an interest rate of eight percent (8%) and only the amortized cost of such improvement shall be included in this ArticleCAM Costs each Lease Year. Lessee, Tenantmay, at its sole cost Lessee’s option, perform such repairs and expense, replacements and receive reimbursement from Lessor of all costs incurred by Lessee in connection therewith within fifteen (15) days of Lessor’s receipt of Lessee’s invoice. Such reimbursement by Lessor shall maintain not affect Lessee’s obligations to repay such amounts in accordance with subsection (c) below. (c) Lessee shall pay to Lessor on the first day of each of the Demised Properties first ten (10) calendar months (January thru October) throughout the Lease Term an amount equal to one tenth of the annual Common Area Maintenance Costs (“CAM Costs”) for the Leased Premises. For purposes of this Lease, the CAM Costs for the Leased Premises shall mean (i) the real estate taxes and each part thereofinstallments of special assessments which are payable for the Real Property, structural (ii) the cost of the “All Risk” property and non-structural, in good order, condition and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosuresliability insurance to be maintained by Lessor for the Leased Premises, and trash compacting (iii) all reasonable costs relating to or incurred or paid by Lessor in connection with the operation, repair and loading areas on maintenance of the Demised Properties)Leased Premises. (d) At Lessee’s request, Lessor shall provide Lessee with supporting documentation for any element of the CAM Costs or any other charges passed through to Lessee under this Lease. In addition, no more than once each year, Lessee and/or Lessee’s representatives shall have the right following reasonable notice to Lessor to inspect and audit Lessor’s books and records pertaining to CAM Costs and any other charges passed through to Lessee under this Lease. Such inspection or audit shall take place at Lessor’s principal office for the Leased Premises. In the event any such inspection or audit indicates that Lessee has overpaid any charges under this Lease, Lessor shall credit such overpayment to the next charges due Lessor under this Lease or refund to Lessee if for the final year. The provisions of this section shall survive termination or expiration of this Lease. (e) Prior to the beginning of each calendar year, Lessor shall give Lessee notice of Lessor’s estimate of the CAM Costs for the Leased Premises for the upcoming calendar year. Within sixty (60) days after the end of each calendar year, Lessor shall submit to Lessee a statement setting forth (i) the total amount of the CAM Costs for the Leased Premises that were actually paid by Lessor during the preceding calendar year, (ii) the actual amount of CAM Costs which were paid by Lessee during such preceding calendar year, and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from (iii) 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 terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, 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 total amount of the Improvements prior actual CAM Costs which should have been paid by Lessee for the preceding calendar year, such statement to the need for provide 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 applicable Demised Property, detail and any applicable repair standards and requirements promulgated supporting documentation reasonably requested by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable)Lessee. 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 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 hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within Within thirty (30) days after receipt the delivery of written notice such statement (including any statement delivered after the expiration or termination of the need therefor from Landlord or any other Person describing Lease Term), the applicable Repair or other obligationparty in whose favor there exists a difference, then Landlord or its agents may enter the Demised Properties if any, between (x) Lessee’s CAM Costs for the purpose Leased Premises (based on the costs actually incurred) for such calendar year, and (y) Lessee’s payments of making such Repairs or fulfilling those obligations. Tenant estimated CAM Costs, shall pay to Landlord all costs and expenses incurred by Landlord as a consequence the amount of such Landlord’s actionsdifference to the other. In the case of any amount owed by Lessor hereunder prior to the expiration of the Lease Term, Lessor may at its option make payment by issuance of a rent credit.

Repairs and Maintenance. Except 6.1. The LESSEE shall keep the Leased Premises, and the furniture and fixtures provided by the LESSOR and every part thereof in good condition and repair and shall, upon the expiration or sooner termination of the Lease, surrender the Leased Premises along with the furniture and fixtures to LESSOR in good condition, ordinary wear and tear excepted. 6.2. LESSEE shall be liable for all minor and day to day repairs and maintenance such as otherwise provided in this Articleall carpentry and plumbing jobs (fuses, Tenantleakage of water taps, etc.) including replacement of electrical items (tubes/bulbs etc.) at its sole own cost. If any damage is caused to the Leased Premises, or the furniture and fixture or any part thereof by the LESSEE or its employees, servants, clients or agents, the same will be made good by the LESSEE at its own cost, either by rectifying the damage or by paying compensation in lieu thereof as may be deter- mined by the LESSOR’s Architect or any such person appointed by the LESSOR to quantify the damage. 6.3. It is agreed that if the Leased Premises and its the fixtures and fitting provided by the LESSOR to the LESSEE become out of order, or may be damaged, or need repair due to default of the Leased Premises, or due to the way the Leased Premises has been built or installed by the LESSOR, or due to the age of the Leased Premises, the LESSOR shall replace at its own costs the Leased Premises with fixtures and fitting which is of reasonable and comparable cost and expense, shall maintain each quality and in good condition and working order. It is clearly under- stood that the common areas shared with other occupants of the Demised Properties and each part thereofproperty such as the lift, structural and non-structural, in good order, condition and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosuresstair case, and trash compacting internal pipes/wiring/cables, are considered as part of the Leased Premises and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and 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, are therefore considered as subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12said clause 6.3. 6.4. 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 It is agreed that the quality of materials and workmanship of any Repairs meets or exceeds LESSEE shall take at his own cost the quality of materials and workmanship yearly maintenance charges of the Improvements prior lift which cannot be considered as major repairs due to a default of the lift, or due to the need for such Repairs; (c) all Repairs shall fully comply with applicable Law, way the requirements of any covenants, conditions, restrictions or lift has been installed by the LESSOR. However in the event the two other permitted encumbrances that are of record regarding floors above the applicable Demised Property, and any applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion ground floor of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and Tenant hereby expressly waives the right to make Repairs property currently vacant at the expense date of Landlord, which right may commencement of this Lease Deed are being occupied these charges should be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with equally divided between the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act concerned occupants of 1934, as amended. 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 pay to Landlord all costs and expenses incurred by Landlord as a consequence of such Landlord’s actionsthese same said floors.