Common use of Repairs and Yielding Up Clause in Contracts

Repairs and Yielding Up. Except as otherwise provided in Article 7 and Section 5.1.3, to keep the Premises in as good order, repair and condition as exist on the date the Premises are Ready for Occupancy (excepting only reasonable wear; damage by fire, casualty or act of God; the effect of eminent domain; Hazardous Materials not stored, used, released or disposed of by Tenant, its agents, employees, contractors or invitees; and damage caused by the act or omission of Landlord or its employees, agents, or contractors), and at the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein made by Tenant after the date the Premises are Ready for Occupancy as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all goods and effects of Tenant and any items, the removal of which is required by Section 3.1 above or specified to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat; any property not so removed shall be deemed abandoned and may, upon five (5) days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it by effecting such removal and disposition and in making any incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the term; it being agreed that the acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding the foregoing, (a) under no circumstances shall Tenant be obligated to restore the Premises to the condition existing prior to the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the right, exercisable in Tenant’s sole discretion, to remove any personal property the purchase of which was paid for by Tenant or financed by Tenant through Fixed Rent provided Tenant repairs any damage caused by such removal;

Repairs and Yielding Up. Except as otherwise provided in Article 7 VII and in Section 5.1.3, and reasonable wear and damage or destruction by casualty or eminent domain excepted, to keep the interior, non-structural and non-building system elements of the Premises and all fixtures thereon and therein in good repair, operating condition and working order at Tenant’s cost and expense (including those maintenance and repairs to the Tenant’s Improvements and Tenant’s Construction Work as aforesaid); make and perform or cause to be made or performed all interior maintenance, repairs and replacements necessary to keep the Premises in as good ordersuch condition, including, without limitation, by their inclusion, interior repainting and replacement of glass damaged or broken and of floor and wall coverings torn or damaged. Such tenant repair, maintenance and replacement obligations shall include, but not be limited to, the responsibility for any security system or communications systems within the Premises. Landlord reserves its right to inspect the maintenance and repair and condition as exist on replacement of said systems, and if Landlord is reasonably dissatisfied with Tenant’s maintenance and repair and replacement of said systems, then Landlord, after notice and a reasonable opportunity to cure (except in the date event of emergency), shall have the Premises are Ready for Occupancy (excepting only reasonable wear; damage by fire, casualty or act of God; the effect of eminent domain; Hazardous Materials not stored, used, released or disposed of by Tenant, its agents, employees, right to require Tenant to change maintenance contractors or invitees; and damage caused by the act or omission of Landlord or its employeesassume such responsibility itself, agentsat Tenant’s cost (i.e. chargeable under Section 4.2 hereof). Tenant further covenants, or contractors), and at the expiration or termination of this Lease Lease, peaceably to yield up the Premises and all changes and additions therein made by Tenant after the date the Premises are Ready for Occupancy as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all goods and effects of Tenant and any itemsTenant, the removal of which is required by Section 3.1 above agreement or specified therein to be removed at Tenant’s 's election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat; any property not so removed shall be deemed abandoned and may, upon five (5) days’ prior written notice to Tenant, may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it by effecting such removal and disposition and in making any incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the term; it being agreed that the acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding the foregoing, (a) under no circumstances shall Tenant be obligated to restore the Premises to the condition existing prior to the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the right, exercisable in Tenant’s sole discretion, to remove any personal property the purchase of which was paid for by Tenant or financed by Tenant through Fixed Rent provided Tenant repairs any damage caused by such removaldisposition;

Repairs and Yielding Up. Except as otherwise provided in Article 7 VII and Section 5.1.3, and reasonable wear and damage or destruction by casualty or eminent domain excepted, to keep the Premises and all fixtures therein in as good order, repair and working condition. Tenant shall be solely responsible: (i) to make and perform or cause to be made or performed all interior maintenance, repairs, and replacements necessary to keep the Premises in such condition, including, without limitation, interior re-painting and replacement of glass damaged or broken and of floor and wall coverings worn or damaged; (ii) to keep all interior plumbing, lighting, elevator, heating, ventilating, air conditioning and other utility, life safety and mechanical systems in the Premises properly maintained and operating in good operating condition as exist and in accordance with any manufacturer’s warranty and product standards, with fully licensed contractors and under contracts, each reasonably acceptable to Landlord, qualified to perform the same; (iii) to maintain and repair all sewer lines serving the Lot, utility, fire main and fire hydrant facilities, and drainage facilities serving the Building, and keep the same in good and proper condition; (iv) to maintain and repair the Building entrance signs, and other signage on the date Building and elsewhere in the Premises Park, and keep the same in good and proper condition; (v) to maintain, repair and stripe the Building Parking Areas and loading areas, including snow removal and sanding of driveways, walkways, loading areas, Building entrances and parking lots, as well as the Common Areas of the Park, including all common driveways drives, walkways and parking areas or structures; (vi) to fertilize, mow and water the lawn and maintain the landscaping and care of shrubbery on the Lot, including general grounds upkeep; (vii) to maintain street-lamp lights, walkway lights, and parking lights, including the changing thereof, and to keep the same in good and proper condition; (viii) to keep all exterior plumbing, storm water, wastewater and utility lines in good and proper condition, (ix) to maintain and repair the Park entrance signs, lighting, traffic signals, and traffic control personnel required for the Park, and keep the same in good and proper condition; (x) to maintain and repair sewer, utilities, and drainage facilities, maintenance and repair of detention and fire main and fire hydrant facilities which service the Park and are Ready for Occupancy (excepting only reasonable wear; damage by firenot exclusive to any single Building within the Park, casualty or act of God; and keep the effect of eminent domain; Hazardous Materials not stored, used, released or disposed of by Tenant, its agents, employees, contractors or inviteessame in good and proper condition; and damage caused (xi) to maintain by fertilizing, mowing and watering, the act Common Areas of the Park, including all common lawns and landscaping and care of shrubbery and general grounds upkeep of access drives, entrance areas and other such common portions of the Park; provided, however, Tenant’s obligations under clauses (i)- (xi) above shall be limited to the routine day-to-day maintenance and repair of said items and in no event shall Tenant have any obligation to make or omission perform and capital repairs or replacements, and Landlord shall perform all other repairs and replacements of said items in accordance with Section 5.1.3 above. Tenant shall engage an independent, qualified and reputable third party property management company with experience in managing large office buildings comparable to the Building (“Tenant’s Property Manager”) to manage the services described in this Section 6.1.2 and any supplemental services which Tenant shall require. Tenant’s Property Manager shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord or hereby approves each of Xxxxxxx & Xxxxxxxxx, CBRE and Xxxxx Lang LaSalle as an acceptable Tenant’s Property Manager. Tenant shall pay Tenant’s Property Manager’s management fees and expenses and any applicable vendors for the costs and expenses of providing such services unless otherwise required to be paid by Landlord under this Lease, and such costs shall be excluded from CAM Costs. Landlord and its employeesagents reserve the right to inspect the foregoing items noted on (ii) —(xi) above to insure proper maintenance thereof. If Landlord, agentsin Landlord’s reasonable judgment determines that any of such items noted in (ii)—(xi) above have not been properly and adequately maintained, or contractorsas herein required, then Landlord, after written notice to Tenant and expiration of the applicable grace period, shall have the right to remedy such maintenance deficiency and apportion all reasonable costs of such inspections and maintenance to Tenant pursuant to Section 4.2.1 hereof (i.e. as Cam Costs), Landlord and at Tenant hereby agreeing that written notice or grace period shall not apply in the event of an emergency to persons or property. At the expiration or termination of this Lease Lease, Tenant shall peaceably to yield up the Premises and all changes and additions therein made by Tenant after the date the Premises are Ready for Occupancy as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all goods and effects of Tenant and any items, the removal of which is required by Section 3.1 above agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, Landlord and Tenant hereby acknowledging and agreeing, however, that the initial improvements constructed by Landlord pursuant to Article III and described in Landlord’s Plans and Tenant’s Plans referenced therein shall not be required to be removed by Tenant upon expiration of the Term, as hereinbefore provided in Section 3.1, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat; any property not so removed shall be deemed abandoned and may, upon five (5) days’ prior written notice to Tenant, may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it by effecting such removal and disposition and in making any incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the term; it being agreed that the acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding the foregoing, (a) under no circumstances shall Tenant be obligated to restore the Premises to the condition existing prior to the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the right, exercisable in Tenant’s sole discretion, to remove any personal property the purchase of which was paid for by Tenant or financed by Tenant through Fixed Rent provided Tenant repairs any damage caused by such removal;disposition.

Repairs and Yielding Up. Except as otherwise provided in Article 7 and Section 5.1.3, to Tenant shall keep the Premises in as good substantially the same order, repair and condition as exist exists on the date the Premises are Ready Commencement Date, except for Occupancy (excepting only i) reasonable wear; wear and tear, (ii) damage by fire, casualty or act of God; , (iii) the effect of eminent domain; domain and Hazardous Materials not stored, used, released or disposed of introduced by Tenant, its agents, employees, contractors or invitees; , and (iv) damage caused by the act or omission of Landlord or its employees, agents, employees or contractors), and at the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein made by therein, other than changes or alterations that Tenant after the date the Premises are Ready for Occupancy as designated by Landlord is obligated to remove pursuant to its right to do so as improvements to Section 6.1.15 (which shall be removed on termination in such order, repair and condition, first removing all goods and effects of Tenant and any items, the removal of which is condition as required by Section 3.1 above or specified to be removed at Tenant’s election and which Tenant elects to remove, hereunder and repairing all damage caused by such removal removal) and restoring changes or alterations that Tenant elects to remove in accordance with Section 6.1.15, and leaving the Premises and leaving them clean and neat; any . Any property that Tenant is required to remove and that is not so removed by Tenant shall be deemed abandoned and may, upon five ten (510) business days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it by effecting such removal and disposition and in making any incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the termdisposition; it being agreed that the acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding For avoidance of doubt, all improvements, changes and additions comprising the foregoingLandlord’s Work shall become part of the Premises and shall remain therein at the end of the Term, (a) under and Tenant shall have no circumstances shall Tenant be obligated obligation to remove the Landlord’s Work or to restore the Premises to its original condition at the condition existing prior to end of the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the rightTerm or earlier expiration thereof, exercisable in except Tenant’s sole discretionmoveable trade fixtures, to remove any equipment and personal property, all of which fixtures, equipment, furniture and personal property shall remain the purchase property of which was paid for by the Tenant or financed by and shall be removed at the expiration of the Term. Tenant through Fixed Rent provided Tenant repairs any damage caused by such removal;agrees to repair, at its sole

Repairs and Yielding Up. Except as otherwise provided in Article 7 VII and Section 5.1.3, and reasonable wear and damage or destruction by casualty or eminent domain excepted, to keep the interior, non-structural and non-building system elements of the Premises and all fixtures thereon and therein in good repair, operating condition and working order, at Tenant’s cost and expense; to make and perform or cause to be made or performed all interior maintenance, repairs and replacements necessary to keep the Premises in as good ordersuch condition, repair including, without limitation, by their inclusion, interior repainting and condition as exist replacement of interior glass damaged or broken (except that if exterior glass is damaged or broken due to any act or omission on the date the Premises are Ready for Occupancy (excepting only reasonable wear; damage by fire, casualty or act part of God; the effect of eminent domain; Hazardous Materials not stored, used, released or disposed of by Tenant, its agentssubtenants, employeescontractors, licensees or other party acting on behalf of Tenant, then Landlord shall be responsible to repair and/or replace such damaged or broken glass, at Tenant’s sole cost and expense) and of floor and wall coverings torn or damaged. Such tenant repair, maintenance and replacement obligations shall be performed at Tenant’s cost and expense, and shall include, but not be limited to, the responsibility for any security system within the Premises. Landlord reserves its right to inspect the maintenance and repair and replacement of such units and systems, and if Landlord is reasonably dissatisfied with Tenant’s maintenance and repair and replacement of such units and systems, then Landlord shall have the right to require Tenant to change maintenance contractors or invitees; and damage caused by the act or omission of Landlord or its employeesassume such responsibility itself, agentsat Tenant’s cost. Tenant further covenants, or contractors), and at the expiration or termination of this Lease Lease, peaceably to yield up the Premises and all changes and additions therein made by Tenant after the date the Premises are Ready for Occupancy as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, damage by fire or other casualty excepted, first removing all goods and effects of Tenant and any items, the removal of which is required by Section 3.1 above agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat; any property not so removed shall be deemed abandoned and may, upon five (5) days’ prior written notice to Tenant, may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it by effecting such removal and disposition and in making any incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the term; it being agreed that the acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding the foregoing, (a) under no circumstances shall Tenant be obligated to restore the Premises to the condition existing prior to the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the right, exercisable in Tenant’s sole discretion, to remove any personal property the purchase of which was paid for by Tenant or financed by Tenant through Fixed Rent provided Tenant repairs any damage caused by such removaldisposition;

Repairs and Yielding Up. Except as otherwise provided in Article 7 and or in Section 5.1.35.1, or elsewhere within this Lease, to keep the Premises in as good order, repair and condition as exist on (including any supplemental air conditioning, UPS and computer room equipment, to the date extent such is the Premises are Ready for Occupancy (excepting only reasonable wear; damage by fire, casualty or act property of God; the effect of eminent domain; Hazardous Materials not stored, used, released or disposed of by Tenant, its agentsif applicable), employees, contractors or invitees; reasonable wear and tear and damage caused by the act negligence or omission willful misconduct of Landlord excepted. Tenant shall also be responsible to keep in good order, repair and condition, reasonable wear and tear thereof excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Building, and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its employeesagents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, agentswhereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, or contractors)Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and at to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein made by Tenant after the date the Premises are Ready for Occupancy as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by Section 3.1 above agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat; any , reasonable wear and tear excepted. Any property not so removed shall be deemed abandoned and may, upon five (5) days’ prior written notice to Tenant, may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and reasonable expense incurred by it by effecting such removal and disposition and in making any incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the term; it damage resulting therefrom. It being agreed that the acceptance exclusion of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding the foregoing, (a) under no circumstances shall Tenant be obligated to restore the Premises to the condition existing prior to the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the right, exercisable in Tenant’s sole discretion, to remove any personal property the purchase of which was paid for by Tenant or financed by Tenant through Fixed Rent provided Tenant repairs any damage caused by such removal;