Common use of Repairs by Landlord Clause in Contracts

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.

Repairs by Landlord. Landlord shall keep the roof, exterior walls, foundationsexterior building windows, downspoutspublic corridors, gutters equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and roofs similar equipment) and the structural components of the buildingsBuilding in a good state of repair, and shall accomplish such repairs as may be needed within fifteen (15) days after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when such repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the plumbing, electrical problem provided the remedy has begun and other utility system serving but which are located outside of Landlord is diligently prosecuting the Premises, in good order, condition and repair and shall make necessary structural repairs same to completion). Notwithstanding anything herein to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repaircontrary, Landlord shall not be required have no obligation to commence repair any such repair until after notice from Tenant that the same is necessary, which notice, except in case latent defects (i) capable of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring detection in the Premises ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall (ii) that have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and no material interference with adverse effect on Tenant's ability to conduct its business in or gain access to the Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises and or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant therefor closes for more than three (3) consecutive business daysHVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall be entitled to an abatement of Fixed Rent promptly pay Landlord, as additional rent, for each day after the third (3rd) business day during which the condition continuescost thereof. Other than the aforesaidExcept as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of Rent because rent and no liability of Landlord by reason of any such interruption injury to or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use business arising from the making of any repairs, alterations or improvements in or to any portion of the PremisesLeased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment therein. In no event shall Landlord be liable to Tenant for any damage to the Leased Premises or for any loss, damage or injury to any property therein or thereon resulting from acts by other third parties or occasioned by fire; explosion; falling plaster; the breaking, bursting, stoppage or leaking of water, gas, sewer, electrical cables, wires or steam pipes; or from water, rain, or other substances leaking or coming from the roof, street, subsurface or from any other place or from dampness or from any similar risks or causes. Landlord shall not be liable for any loss or damage to any person or property sustained by Tenant or any other persons, which may be caused by theft, or by any act or neglect of any tenant or occupant of the Project, or of any other third parties.

Repairs by Landlord. Subject to Article 21 hereof, Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, maintain or cause to be maintained in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excludingroof, however, repairs to windows, doors, saddlesstructural portions of the exterior and interior of the Building, plate glassthe mechanical, store fronts electrical, plumbing, lighting, heating, air conditioning, curtain wall, vertical transportation, security, fire protection and air conditioning life safety systems and heating installations and wiringmaterials, pipes the Tenant Improvements (excluding any trade fixtures, equipment, furniture and other utility installations located outside personal property of the Premises which are used exclusively by Tenant), the dividing walls between Project Common Areas, the Premises Foundry Park II Common Areas (in Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and space occupied or Exchange Commission. addition to be occupied by others the requirements set forth in Article 57.1.6), and the load-bearing walls Building Parking Facilities all in accordance with the Building Standard Services attached hereto as Exhibit E and load-bearing columnsfirst class standards of professional property management at least equivalent to the standards maintained in similar first class office buildings in Richmond, if anyVirginia. Subject to the waivers of subrogation set forth in Article 17, within the Premises, provided that Landlord cost of such maintenance and repairs shall not be obligated hereby (i) at Tenant’s sole cost and expense as to do any work required to be done because of any damage repairs caused by any act, omission or the negligence of Tenant and or its inviteesagents, licenseescontractors, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of invitees; (ii) included in Operating Expenses to the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which noticeextent permissible under Article 9.2 hereof, except as provided in case of any emergencyArticle 9.3 hereof; or (iii) in all other cases payable by Landlord. Landlord covenants that upon the Full Rent Commencement Date, the Building and all systems therein shall be in writing compliance with all applicable local, state and shall allow federal laws, statutes, codes, rules, regulations and ordinances of governmental authorities, including, but not limited to, Environmental Laws and the Americans with Disabilities Act, but subject to Punch List Items. Landlord ten (10) days agrees as part of its repair obligations hereunder, and at no additional cost to Tenant, to promptly correct any and all conditions in which to commence such repair. The fact that the costs incurred by Landlord in connection with any violation of the foregoing are includable in Common Area Operating Costs pursuant and to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident remediate any mold or other cause occurring harmful substance or material that may be found in the Premises Building at any time during the Term; provided, however, that to the extent Tenant or elsewhere Tenant’s employees, agents, contractors, invitees, guests, assignees or subsidiaries (for purposes of this Article 13.1, excluding Landlord, Landlord’s Contractor or its or their subcontractors, employees, agents, invitees or guests when acting on behalf of Tenant in such capacity) are found to be the Shopping Centercause of such mold, or in order other harmful substance or material due to make any repairs such party’s negligent act or alterations omission or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's improper use of the PremisesBuilding systems contrary to their design, then the cost of such remediation shall be born by Tenant. Landlord shall use good faith and commercially reasonable efforts to refrain from performing maintenance, repair, replacement or renewal activities that generate substantial odors or noxious chemicals or fumes in the Building or within twenty-five (25) feet of the outdoor air intakes of the HVAC system, during Building Operating Hours.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) [***] days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection Subsections 3.5A and 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.

Repairs by Landlord. A. Except for those repairs which are expressly required to be made by (or on behalf of) Tenant pursuant to Section 12.01 above, Landlord shall, at Landlord's expense, make (or cause to be made) all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair (the need for which Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs have knowledge) (a) all structural portions of the buildings, and the plumbing, electrical and other utility system serving but which are Building (whether located within or outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), such as, by way of example only, the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and roof, foundation, footings, exterior walls, load-bearing columns, if anyfloor slabs, within windows and sashes, (b) all Building Common Areas to the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission extent such areas serve or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping CenterTenant's use of, or in order access to, the Premises and the Building Common Areas, and (c) all Building systems (whether such Building systems are located within or outside of the Premises) serving the Premises and the Building Common Areas to make any repairs the extent such areas serve or alterations or improvements in or relating to affect the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesPremises and the Building Common Areas, including the plumbing, sanitary, electrical, mechanical, fire protection, life safety and sprinkler systems of the Building and the HVAC System, in each case through the Term. Tenant agrees to deliver a Notice to Landlord of the necessity of repairs of which Tenant may have knowledge for which Landlord may be responsible under the provisions of the preceding sentence. Except as otherwise expressly provided herein, (i) there shall be no liability of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs in or to any portion of the Building or the Premises or in and to the fixtures, appurtenances or equipment thereof, (ii) Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with the covenants of this Article and (iii) Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 12 shall not apply in the case of fire or other casualty which are dealt with in Article 17 hereof.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repairUnless otherwise expressly stipulated herein, Landlord shall not be required to commence make any such repair until after notice from Tenant that the same is necessary, which notice, except in case improvements to or repairs of any emergencykind or character to the Leased Premises during the Term of this Lease; provided, however, the leasehold improvements to the Leased Premises will be and remain Tenant’s obligation to repair and maintain, in accordance with Section 5.3 below, but same will, at Tenant’s written request and at Landlord’s option, be maintained by Landlord at Tenant’s expense, at a cost or charge equal to the costs incurred in such maintenance plus an additional administrative charge equal to five percent (5%) of such total costs. In addition, Landlord shall, at its sole cost and expense, maintain, repair, and replace, consistent with Comparable First-Class Buildings, all exterior and structural portions of the Office Building, all of the Common Areas, the sixth floor common amenity deck, Parking Garage and all Building systems, including but not limited to the roof and roof membrane, foundation, exterior and interior walls, and all main utilities serving the Office Building (other than the local distribution of such utilities or systems within the Leased Premises). In addition, Landlord shall be responsible for complying at all times during the Term with the Texas Accessibility Standards, Americans with Disability Act and fire safety requirements and all other legal requirements, in each case, applicable to the Common Areas. Notwithstanding any provisions of this Lease to the contrary, all repairs, alterations or additions to the base Office Building or its systems (as opposed to those involving only Tenant’s alterations or leasehold improvements), and all repairs, alterations, or additions to Tenant’s alterations or leasehold improvements which affect the Building’s structural components or major mechanical, electrical, or plumbing systems, made by or for or on behalf of Tenant and any other tenants in the Office Building, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred made by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect or Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring ’s contractor only, and, in the Premises or elsewhere in the Shopping Center, or in order to make any case of repairs or alterations or improvements additions undertaken for or at the request of Tenant, shall be paid for by Tenant in an amount equal to Landlord’s costs plus an additional administrative charge equal to five percent (5%) of such total costs. To the extent Tenant or Tenant’s agents or employees discover any water leakage, water damage or mold in or relating about the Leased Premises, Tenant shall promptly notify Landlord thereof in writing. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Leased Premises during the performance of any repairs Landlord is obligated to perform pursuant to this Section 5.2, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other portions overtime costs or additional expenses whatsoever. Notwithstanding the foregoing, other than in the event of the Shopping Centeran emergency or as otherwise required by applicable law, Landlord reserves Tenant shall have the right to interrupt the supply require Landlord at its expense (but subject to the Premises of steamrecoupment pursuant to Section 2.3 hereof), condenser water to employ contractors or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, labor at so-called overtime pay rates if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference such repair work materially interferes with Tenant's ’s ability to conduct its business in the Premises Leased Premises, as reasonably determined by Tenant, by providing notice to Landlord requesting same and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any describing in reasonable detail such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesinterference.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters Premises and roofs all portions of the buildingsBuilding covered by Landlord's insurance and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, electrical cleaning, refrigeration, ventilating, air conditioning and other utility system serving but which are located outside of the Premises, in good order, condition elevator systems and repair and shall make necessary structural repairs to the exterior walls of the buildings equipment (excluding, however, repairs to windowslines, doorsimprovements, saddlessystems and machinery for water, plate glassgas, store fronts steam and air conditioning electricity owned and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused maintained by any act, omission public utility company or negligence of Tenant governmental agency or body) in good order and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection consistent with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating Building as a first-class office building. Landlord, at its expense (subject to reimbursement by Tenant pursuant to Section 7), shall make all repairs and air conditioning systemreplacements necessary to comply with its obligations set forth in the immediately preceding sentence, if anyexcept for (a) repairs required to be made by Tenant pursuant to Section 8 and (b) notwithstanding the provisions of Section 16.4, until said repairsrepairs caused by the negligence or willful misconduct of Tenant, alterations or improvements its agents, employees, invitees and guests, which repairs shall have been completed. Ifbe made by Landlord at the cost of Tenant, and for which Tenant shall pay promptly, as a result Additional Rent, upon receipt of Landlord's performance an invoice setting forth the cost of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continuessuch repairs. Other than the aforesaid, there There shall be no abatement in rents due and payable hereunder and no liability on the part of Rent because Landlord by reason of any such interruption inconvenience or suspension; howeverannoyance arising from Landlord's making repairs, Landlord shall pursue such work additions or improvements to the Building in accordance with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesits obligations hereunder.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repairUnless otherwise expressly stipulated herein, Landlord shall not be required to commence make any such repair until after notice from Tenant that improvements or repairs of any kind or character to the same is necessary, which noticeLeased Premises during the Term, except such repairs to Building standard improvements as may be deemed necessary by Landlord in case of any emergencyits reasonable discretion, shall for normal maintenance operations. Non-Building standard leasehold improvements will, at Tenant's written request, be in writing and shall allow maintained by Landlord ten (10) days in which at Tenant's expense, at a cost or charge equal to commence such repair. The fact that the costs incurred by Landlord in connection with such maintenance plus an additional charge of twelve percent (12%). Notwithstanding any provisions of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating Lease to the Premises or to other portions of the Shopping Centercontrary, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said all repairs, alterations or additions to the base Building and its systems (as opposed to those involving only Tenant's leasehold improvements), and all repairs, alterations and additions to Tenant's non-Building standard leasehold improvements which affect the Building's structural components or major mechanical, electrical or plumbing systems, made by, for or on behalf of Tenant and any other tenants in the Building shall have been completed. Ifbe made by Landlord or its contractor only, as a result and, if on behalf of Tenant, shall be paid for by Tenant in an amount equal to Landlord's performance of its obligations costs plus twelve percent (12%). Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or exercise of its rights under this Section 5.1inconvenience, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall not be entitled to an any abatement or reduction of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because rent by reason of any repairs, alterations or additions made by Landlord under this Lease, unless such interruption repairs were necessitated due to the gross negligence or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum willful misconduct of interference with Tenant's use of the PremisesLandlord.

Repairs by Landlord. Landlord shall keep and maintain in good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, foundations, downspouts, gutters all structural components and roofs elements of the buildingsProject, lobbies, stairs, elevators (including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plateglass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and the plumbingall facilities, electrical systems and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs equipments relating to the exterior walls furnishing of the buildings services (excludingincluding mechanical, howeverelectrical, repairs to windowswater, doorsheating, saddles, plate glass, store fronts ventilating and air conditioning conditioning, life safety and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work elevators) required to be done because provided by Landlord pursuant to this Lease, all at such times, in such manner and to such extent as is standard in Comparable Buildings. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical, or plumbing systems shall be made by Landlord or its contractors only, and, in the case of any damage to such components or systems caused by any actTenant or Tenant's agents, omission or negligence of Tenant and its contractors, customers, employees, invitees, licensees, their respective officersservants, agents and employees or their customersvisitors, shall be paid for by Tenant in an amount equal to Landlord's cost plus six percent (6%) for overhead. Except where Landlord has actual notice of the necessity for such repairUnless otherwise provided in this Lease, Landlord shall not be required to commence make any such repair until after notice from Tenant that the same is necessary, which notice, except in case improvements to or repairs of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident kind or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating character to the Premises during the Term or any extensions or renewals thereof, except such repairs to other portions of the Shopping CenterBuilding standard improvements as may be necessary or appropriate for normal maintenance; provided, however, non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired, or replaced by Landlord reserves the right at Tenant's expense, at a cost or charge equal to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance costs (net of its obligations savings effected by not having to maintain, repair or exercise of its rights under this Section 5.1replace Building Standard improvements), there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant which costs shall be entitled to an abatement of Fixed Rent for each day payable within thirty (30) days after demand. Notwithstanding the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; howeverforegoing, Landlord shall pursue such work with reasonable continuitybe responsible for the repair, diligence and dispatch and at its expense, of any structural and/or latent defects in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesBuilding and, if Landlord constructed them, the Initial Tenant Improvements.

Repairs by Landlord. Landlord shall agrees to keep in good repair and ------------------- maintain the exterior wallsstructural and non-structural portions of the Building, including the roof, roof membrane and coverings, foundations, downspouts, gutters and roofs exterior walls of the buildingsPremises and Building (exclusive of all glass and all exterior doors), underground utility and the plumbing, electrical and other utility system serving but which are located sewer pipes outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings Building, common areas surrounding the Building and Premises (excludingincluding the parking lot, howeversidewalks and landscaped areas but excluding the Outside Areas which Tenant shall maintain at its sole cost and expense), except repairs rendered necessary by the negligence of Tenant, its agents, customers, employees or invitees. Landlord gives to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside Tenant exclusive control of the Premises and shall be under no obligation to inspect said Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which are used exclusively by Landlord is required to repair. Landlord agrees to use commercially reasonable efforts (i) to avoid taking any actions which might adversely affect Tenant), the dividing walls between the Premises and space occupied 's use of or to be occupied by others and the load-bearing walls and load-bearing columns, if any, business operation within the Premises, provided that including but not limited to, any actions which might adversely affect Tenant's fiber optic cabling or telecommunications equipment; (ii) to provide Tenant with at least forty-eight (48) hours prior notice (except in an emergency where Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any actprovide advance notice) if, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repairnotwithstanding landlord's commercially reasonable efforts, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, must take an action which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not might adversely affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of or business operations within the Premises; (iii) to, in all events, reasonably coordinate and cooperate with Tenant to minimize any cessation or degradation of Tenant's use of, or business operations within the Premises; (iv) to take actions as soon as reasonably practicable as may be necessary to correct or cure any acts, events or circumstances which may have adversely affected Tenant's use of or business operations within the Premises; and (v) to allow Tenant access to the Premises twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Notwithstanding the foregoing, Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's control may prevent access to the Premises from time to time.

Repairs by Landlord. Landlord shall keep After the Tenant Improvements have been installed in the Initial Leased Premises pursuant to the provisions of this Lease, the maintenance of the Base Building, including but not limited to, Base Building Improvements (except as provided below), and of the General Common Areas, Common Areas, Service Areas and the exterior of the Project, including (i) the roof, exterior walls (including glass curtain walls, foundationswindows, downspoutsand doors not within or entering into the Leased Premises), gutters foundation and roofs other structural elements of the buildingsBuilding and Parking Facility, (ii) Base Building Systems, and (iii) driveways, curbs, signs (except to the plumbingextent provided to the contrary in Section 3.5), electrical landscaping and other utility system serving but which are located outside exterior areas (including painting and striping of the Premisesparking areas), in good order, condition and repair shall be Landlord's obligation and shall make necessary structural repairs be performed at Landlord's election either by Landlord or its designee under Landlord's supervision, and Landlord, or Landlord's designee (which may be the party entitled or designated under the REA to perform such maintenance within the exterior walls of the buildings (excludingComplex); provided, however, repairs that subject to windowsSection 6.7 hereof, doorsif any damage to the Project or Adjacent Garage is caused by Tenant or Tenant's agents, saddlescontractors or employees, plate glassand such damage is not covered by the insurance carried by Landlord pursuant to the terms of this Lease or the proceeds of such insurance are not sufficient to cover Landlord's reasonable costs to repair or restore such damage (including without limitation, store fronts and air conditioning and heating installations and wiringthe payment to Landlord of a cost recovery fee in accordance with Exhibit K), pipes and other utility installations located outside Tenant shall be obligated to pay Landlord the amount by which the aforementioned reasonable costs exceed the proceeds (if any) of the Premises which are used exclusively insurance carried by Tenant)Landlord pursuant to the terms of this Lease. Notwithstanding the foregoing, the dividing walls between the Premises and space occupied or those items in Exhibit C-1 to be occupied installed at Tenant's expense shall also be maintained and repaired by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customersat Tenant's expense. Except where Landlord has actual notice of for the necessity for such repairforegoing, Landlord shall not otherwise be required obligated to commence any make improvements to, or repairs of, the Leased Premises; provided, however, Landlord, or Landlord's designee, may make such repair until after notice from improvements to, or repairs of, the Leased Premises as Tenant that the same is necessaryshall request in writing, which noticeat Tenant's sole expense, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which at a cost equal to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident for such improvements, maintenance or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as plus a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference fee to Landlord for administrative cost recovery in accordance with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.Exhibit K.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, Premises and the Building and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, electrical cleaning, refrigeration, ventilating, air conditioning and other utility system serving but which are located outside of the Premises, in good order, condition elevator systems and repair and shall make necessary structural repairs to the exterior walls of the buildings equipment (excluding, however, repairs to windowslines, doorsimprovements, saddlessystems and machinery for water, plate glassgas, store fronts steam and air conditioning electricity owned and heating installations maintained by any public utility company or governmental agency or body) in good order and wiring, pipes and other utility installations located outside repair consistent with the operation of the Premises which are used exclusively Building as a first-class office building. Landlord, at its expense (subject to reimbursement by TenantTenant pursuant to Section 7), shall make all repairs and replacements necessary to comply with its obligations set forth in the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columnsimmediately preceding sentence, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work except for (a) repairs required to be done because made by Tenant pursuant to Section 8 and (b) repairs caused by the willful misconduct of Tenant, its agents, employees, invitees and guests, which repairs shall be made by Landlord at the cost of Tenant, and for which Tenant shall pay promptly, as Additional Rent, upon receipt of an invoice setting forth the cost of such repairs. There shall be no abatement in rents due and payable hereunder and no liability on the part of Landlord by reason of any damage caused by any actinconvenience or annoyance arising from Landlord's making repairs, omission additions or negligence of Tenant and improvements to the Building in accordance with its invitees, licensees, their respective officers, agents and employees or their customersobligations hereunder. Except where Landlord has actual notice of the necessity for such repairIn an emergency, Landlord shall not be required use all reasonable efforts to commence any such the repair until within twenty-four (24) hours after notification from Tenant and shall diligently work to complete the same. In all other instances, Landlord shall commence repairs as soon as reasonably possible after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow diligently work to complete the same. In the event Landlord ten (10) days in which fails to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make and diligently pursue any repairs or alterations or improvements in or relating to the Premises or to other portions provide services for which Landlord is responsible within thirty (30) days after written notice from Tenant of the Shopping Center, Landlord reserves need for repair or such services. Tenant shall have the right with notice to interrupt Landlord at the supply notice address to perform the Premises of steam, condenser water repairs or cooled air for air conditioning, electricity, water provide such services and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reimburse Tenant for the reasonable continuity, diligence and dispatch and in such a manner as cost of repair or provision of services within sixty (consistent with good practice60) to cause a minimum of interference with Tenant's use of the Premisesdays after request therefor.

Repairs by Landlord. Landlord shall keep agrees to endeavor to maintain the exterior walls, foundations, downspouts, gutters and roofs structural components of the buildingsBuilding, the Common Areas and the plumbing, electrical and other utility system serving but which are located outside of the PremisesBuilding systems, in good order, condition repair and repair condition, in the standard of Comparable Buildings during the Term, and shall make such repairs thereto as become necessary structural repairs to the exterior walls after obtaining actual knowledge of the buildings (excludingneed for such repairs, howeverall costs of which shall be included in Operating Expenses, repairs except as expressly excluded therefrom pursuant to windowsParagraph 1.B.12 hereof, doorsunless the need for any such maintenance or repair is brought about by any act or omission of Tenant, saddlesits agents, plate glassemployees or invitees, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside not covered by the policies of the Premises insurance which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work is required to be done because of any damage caused by any actmaintain hereunder or which Landlord has in force and effect at the time, omission or negligence of in which event, Tenant shall have the obligation to make, at its sole cost and its inviteesexpense, licensees, their respective officers, agents and employees or their customerssuch structural repairs. Except where Landlord has actual notice of as provided in the necessity for such repairpreceding sentence, Landlord shall not be required have no duty to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident maintain or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations improvements (except for Landlord's Work) to the Demised Premises. Landlord shall not be liable for any damage caused to the person or improvements property of Tenant, its agents, employees, sublessees, contractors or invitees, due to the improper construction or repair of the Demised Premises or the Building or any part or appurtenances or arising from the leaking of gas, water, sewer or steam pipes, or from electricity, or from any other cause whatsoever, except for actual damages (but in no event any consequential damages) resulting directly from the negligence or willful misconduct of Landlord, its agents, employees or contractors and not covered by the policies of insurance which Tenant is required to maintain hereunder, or which Tenant has in force and effect at the time. Tenant agrees to report promptly in writing to Landlord any defective condition in or relating to about the Demised Premises or the Building which becomes known to other portions Tenant, and a failure to report timely shall relieve Landlord of such obligation until it obtains actual knowledge of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air need for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesrepair.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall have no duty to Tenant to make necessary structural any repairs or improvements to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside interior of the Premises which are used exclusively by Tenant)except structural repairs necessary for safety and tenantability, the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, then only if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused brought about by any actact or neglect of Tenant, omission its agents, employees or negligence of Tenant and its invitees, licenseesexcluding accidents covered by Landlord's insurance, their respective officers, agents and employees subject to Article 17(f). Unless due to Landlord's gross negligence or their customers. Except where Landlord has actual notice of the necessity for such repairwillful misconduct, Landlord shall not be liable for any damage caused to the person or property of Tenant, its agents, employees or invitees, due to the Property or the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of water or sewer, or from electricity, or from any other cause whatsoever. Tenant agrees to use commercially reasonable efforts to report as soon as practicable under the circumstances, in writing to Landlord any defective condition in or about the Premises known to Tenant which Landlord is required to commence repair, and a failure to so report shall make Tenant liable to Landlord for any expense, damage or liability resulting from such defects. Landlord shall not be liable for failure to furnish or for suspension or delay in furnishing such services due to breakdown, maintenance, or repair until after notice from Tenant that work, strike, riot, civil commotion, governmental action or any other cause beyond the same is necessaryreasonable control of Landlord, which notice, except in case or for interruptions of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord service for reasonable periods in connection with any construction work being performed in the Building. If such interruption is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, and Tenant is precluded from being open for business within the Premises for a period of seventy-two (72) continuous hours, and provided that business interruption insurance that may be carried by Tenant, at its option, at the time in question would not provide reimbursement to Tenant for rental payments during this period, then Tenant's Base Rent and other charges shall xxxxx commencing after such seventy-two (72) hour period, until the earlier of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident date on which such utility service is restored or other cause occurring in the Premises or elsewhere in date the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air Tenant reopens for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesbusiness.

Repairs by Landlord. Landlord 10. Except for damage caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors and invitees, Landlord, at its sole cost and expense, shall keep in good repair and maintain (commensurate with other first-class warehouse and distribution centers in the exterior walls, foundations, downspouts, gutters and roofs vicinity of the buildingsPremises) the roof (including the roof membrane, gutters, and the plumbingdownspouts), electrical and other utility system serving but which are located outside all structural elements of the Premises, in good orderincluding but not limited to, condition foundation, the floor slab (excluding the surface), and repair and shall make necessary structural repairs to the exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the buildings (excluding, however, need for any repairs which are Landlord’s responsibility hereunder. Landlord shall be under no duty to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside make any repairs hereunder unless Landlord receives notice of the Premises need for such repairs or of which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any . In an emergency, shall be in writing and shall allow or if Landlord fails to begin repairs or maintenance as to an item that is Landlord’s responsibility as described by this Paragraph 10, within ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident following written request from Tenant (or other cause occurring in the Premises or elsewhere in the Shopping Centercase of material roof leaks, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with following 24-hours written notice from Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days), Tenant shall may make the repairs and, only after providing Landlord with written proof of payment and lien waivers, may be entitled to axxxx Rent (but only until Tenant has fully recovered the amount which it has paid on Landlord’s behalf pursuant to this Paragraph) in an abatement amount not exceeding twenty-five percent (25%) of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement installment of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesmonthly Rent.

Repairs by Landlord. Landlord shall keep the foundations, exterior structural/load bearing walls, foundationsgutters, downspouts, gutters and roofs of the buildings, downspouts and the plumbing, electrical and other utility system serving but which are located outside of roof over the Premises, Premises in good order, condition order and repair (subject to reimbursement by Tenant in accordance with Section 3.3), and shall make necessary the exterior and structural repairs and replacements necessary to keep the Premises in good order and repair, including maintenance and repair of the pipes, lines, wires, and ducts exterior to the exterior walls Premises up to, but not including, Tenant’s service connections therewith, but subject to Landlord’s recovery of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to such expenses as may be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that in this Lease. Landlord shall not be obligated hereby liable for any injury or damage to do persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any work part of the Premises or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature. All property of Tenant, including merchandise and furnishings, kept or stored on the Premises shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any and all claims arising out of damage to same. If Landlord is required to make repairs by reason of the negligence or willful misconduct of Tenant, any permitted subtenants, concessionaires or their respective employees, agents, invitees, licensees or contractors, the cost of such repairs shall be done because of any damage caused borne by any act, omission or negligence of Tenant and its inviteesshall be due and payable immediately upon receipt of Landlord’s notification of the amount due. In addition to the foregoing, licenseesLandlord shall maintain, their respective officersrepair, agents and employees replace as necessary the fire sprinkler system in the building on the Premises, subject to reimbursement of such costs by Tenant pursuant to Section 3.3 above. Landlord agrees both to commence the maintenance, repairs, replacements or their customersrestoration described in this Section with reasonable promptness and to diligently pursue same and in such manner as not to unreasonably interfere with Tenant's use and occupancy of the Premises. Except where If Landlord has actual fails to perform such maintenance or repair within thirty (30) days after receiving from Tenant written notice of the necessity need for same or if such repair, Landlord shall maintenance or repair cannot be required performed within thirty (30) days, commence the maintenance and repair within thirty (30) days, and diligently prosecute it to commence any completion, Tenant may make such repair until repairs after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow giving Landlord ten (10) days in which to commence such repair. The fact that prior written notice and using the costs incurred by Landlord in connection with any lowest of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business dayscompetitive bids, Tenant shall be entitled to an abatement of Fixed Rent for each day after and deduct the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, costs thereof from sums due Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premiseshereunder.

Repairs by Landlord. Landlord shall keep If the exterior wallsPremises (including all Alterations, foundationspersonal property, downspoutstrade fixtures, gutters and roofs of the buildingsfurniture, and the plumbingfurnishings, electrical equipment and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. IfProperty, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1well as the Fit-Out Work (collectively, there is created a substantial and material interference with "Tenant's ability to conduct its business in Insurable Property")) or the Premises and Tenant therefor closes for more than three Building (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference that materially interferes with Tenant's use of the Premises or reasonable access thereto) shall be damaged by fire or other cause, the damages (including to base Building construction) shall be repaired and restored to substantially the same condition as existed prior to the damage by and at the expense of Landlord (or at the expense of Tenant with respect to any of Tenant's Insurable Property in accordance with the terms of Article 16 and Section 17.03 hereof) and, during the period commencing ten (10) days after such casualty until the Casualty Rent Abatement Date (but subject to Landlord's right to elect not to restore the same as provided below), Tenant shall receive an abatement of the Rent payable hereunder for all affected portions of the Premises, which shall be apportioned according to the portion of the Premises (or all of the Premises, if the Premises is totally damaged, as the case may be) which is usable by Tenant for the normal conduct of its business, it being agreed that the foregoing abatement shall end with respect to the Premises upon the date which is the earlier of either (a) when Tenant shall move into a material portion of the Premises to which such abatement applies for the normal conduct of its business or (b) fourteen (14) days after the Full Casualty Restoration Work has been completed. The Full Casualty Restoration Work shall include the portions of the Building and the Premises for which Landlord is responsible pursuant to the terms of Article 12 hereof. Landlord shall deliver a Notice to Tenant at least ten (10) days prior to the date on which Landlord expects that the Full Casualty Restoration Work will be substantially completed. Notwithstanding anything herein to the contrary, (i) Landlord shall not carry insurance on Tenant's Insurable Property, (ii) Tenant agrees that Landlord will not be obligated to repair any damage to Tenant's Insurable Property (other than the Fit-Out Work) or to replace the same, and (iii) Tenant agrees that Landlord will not be obligated or liable to repair any damages to the Fit-Out Work if the net insurance proceeds received from Tenant's insurer are insufficient to make such repairs unless and until Tenant pays Landlord the shortfall between the cost to make such repairs and the amount of net insurance proceeds received from Tenant's insurer.

Repairs by Landlord. Except as otherwise provided in this Lease (including without limitation the provisions of Section 10.02 hereof) and except for ordinary wear and tear, Landlord shall keep covenants to keep, maintain, manage and operate the Common Areas in a manner comparable with the operation of other first-class office buildings in Xxxxxxxxxx County, Maryland of a similar size, location and age to the Building. Subject to the terms of this Lease, Landlord agrees to maintain the roof, the exterior walls, foundations, downspouts, gutters and roofs structural portions of the buildingsBuilding, and the plumbingcentral or base Building mechanical, electrical and other utility system serving but which are located outside plumbing systems and vertical sprinkler main (specifically excluding any supplemental HVAC system, horizontal distribution portion of the sprinkler system or any other system exclusively servicing the Leased Premises) in a manner that is comparable to other first-class office buildings in Xxxxxxxxxx County, Maryland of a similar size, location and age. If any such repairs are necessitated by Tenant’s breach of this Lease, or by any act or omission of Tenant, its agents, employees, assigns, concessionaires, contractors or invitees, Tenant shall reimburse to Landlord the reasonable cost incurred in good order, condition completing such repairs. Nothing herein shall diminish Tenant’s responsibility to maintain and repair any special Tenant equipment, including but not limited to any special fire protection equipment, kitchen equipment and shall make necessary structural repairs air conditioning equipment serving and specially installed for the Leased Premises. If (i) Tenant notifies Landlord (at the number and in the manner designated by Landlord to Tenant) that the exterior walls repair of an item for which Landlord is responsible hereunder requires immediate repair, (ii) Tenant’s use of the buildings Leased Premises will be materially impaired until such repair is undertaken, and (excludingiii) the repair of such item is within Landlord’s reasonable control to undertake, then Landlord shall use good faith efforts to generally respond to any such requests by Tenant for such repair and commence such repair within twelve (12) hours of such notification; provided, however, that Landlord’s failure to respond or commence such repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord as set forth above shall not be obligated hereby to do any work required to be done because of any damage caused by any acta breach, omission violation or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations default under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesLease.

Repairs by Landlord. Landlord shall keep repair and maintain the exterior walls, foundations, downspouts, gutters Common Areas and roofs the structural portions of the buildingsProject, including the Building Standard plumbing (exclusive of tenant kitchens and coffee bars), HVAC and electrical systems installed or furnished by Landlord, and the plumbing, electrical and other utility system serving but which are located outside all areas of the PremisesProject for the common non-exclusive use of all tenants in the Project, unless such maintenance and repairs are caused in good orderpart (and then only as to such part) or in whole by the act, condition and repair and shall make necessary structural neglect, or omission of any duty by the Tenant, its agents, servants, employees or invitees, or unless such maintenance or repairs are otherwise herein provided to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively be made by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that . Landlord shall not be obligated hereby liable for any failure to do make such repairs or to perform any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual maintenance unless such failure shall persist for an unreasonable time after written notice of the necessity for need of such repair, repairs or maintenance is given to Landlord by Tenant and Landlord has failed to commence to make such repairs or maintenance or if after commencing Landlord fails to compete such repairs or maintenance within a reasonable period of time. Landlord shall not be required to commence liable for any damages, compensation or claim for loss of the use of the whole or any part of the Premises or Tenant’s personal property, or any inconvenience, loss of business, or annoyance arising from any such repair until after notice from Tenant that the same is necessary, which noticeand/or maintenance performed by Landlord hereunder, except in case of any emergencyfor damage resulting from Landlord’s, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Centerits agent’s, contractor’s, or in order to make any repairs employee’s negligence or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, willful misconduct. Landlord reserves the right to interrupt make such repairs, changes, alterations, additions, or improvements in or to any portion of the supply to Project and the fixtures and equipment thereof as it may deem necessary or desirable so long as such changes, alterations, additions, or improvements do not prevent Tenant from occupying the Premises for the Permitted Use hereunder. Notwithstanding the foregoing, additional maintenance and repairs which may be necessary because of steam, condenser water damage caused by casualty and/or condemnation (and any responsibility or cooled air for air conditioning, electricity, water and gas and also to suspend the operation liability of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3Landlord therefore) consecutive business days, Tenant shall be entitled to an abatement governed by Article 10 and Article 11 of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaidthis Lease, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesrespectively.

Repairs by Landlord. Landlord shall keep the exterior wallsmake all structural repairs, foundationsincluding, downspoutsbut not limited to, gutters structural columns and roofs of the buildingsfloors (excluding floor coverings, such as carpet and the plumbing, electrical and other utility system serving but which are located outside floor tile) of the Premises, in good orderthe roof of the Building, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings Building (excludingexcluding glass) provided Tenant gives Landlord written notice specifying the need for and nature of such repairs; provided, however, if Landlord is required to make any repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside such portions of the Premises which are used exclusively or Building by reason, in whole or in part, of the negligent act or failure to act by Tenant or any Subtenant or its or their contractors or subcontractors or its or their agents or employees, or by reason of any non-permitted use of the Premises by Tenant), Landlord may collect the dividing walls between cost of such repairs, as Additional Rent, within five (5) days of written demand. Landlord shall keep all of the Premises components of the Building and space occupied the Property for which it is responsible as aforesaid in good order and repair. Except as provided herein, unless solely due to Landlord's or its agents', servants' or employees' negligence, Landlord shall have no liability to Tenant or any Subtenant by reason of any inconvenience, annoyance, interruption, or injury to business arising from the making of any repairs or changes which Landlord is required or permitted by this Lease to make, or by any other tenant's lease or required by law to make in or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within any portion of the Premises, provided that Building or Common Areas. If without Landlord's prior consent, Tenant performs or permits to be performed any alterations, additions, improvements, changes, affixations of chattels, or other work which affects the structural portions of the Premises and/or the roof of the Building or which adversely affects the structural integrity of the Building, such action by Tenant shall release and discharge Landlord as of the commencement of such alteration, addition, improvement, affixation, or other work of and from such repair obligation. Thereafter, Tenant agrees to be solely responsible under Landlord's supervision for the maintenance, repair, and replacement of any or all such structural portions and/or roof which have been affected as aforesaid, and Tenant shall commence promptly after demand by Landlord to make all such repairs and replacements and proceed diligently to complete them. In the event Tenant shall fail in the performance, to Landlord's satisfaction, of such responsibilities, Landlord, in addition to Landlord's other remedies under this Lease, at law or in equity, may (but shall not be obligated hereby to do so) cure such failure on behalf of Tenant without any work required liability of Landlord for damage to Tenant's fixtures or other property or to Tenant's business by reason thereof, and Tenant shall reimburse Landlord, as Additional Rent, within five (5) days of written demand, for sums paid or costs incurred in curing such failure and the late charge specified under Section 4 shall accrue from the date that Landlord cures such default until it is reimbursed therefor. For the purpose of the foregoing, if Tenant performs or permits to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence performed any such repair until after notice from Tenant that the same is necessaryalterations, which noticeadditions, except improvements, changes, affixations, or other work in case of any emergencya manner not consistent with Landlord's prior consent thereto, such work shall be in writing and shall allow Landlord ten (10) days in which deemed to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect have been performed without Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesconsent.

Repairs by Landlord. Landlord shall keep the exterior wallsTenant, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside by taking possession of the Premises, in good order, condition and repair shall accept and shall make necessary structural repairs be held to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of have accepted the Premises which are used exclusively as suitable for the use intended by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that this Lease. Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any actrequired, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice after possession of the necessity for such repairPremises has been delivered to Tenant, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises Premises, except as set forth in this Lease. It is the intention of the parties that the terms of this Lease shall govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant waives the right to make repairs at the expense of Landlord or to other terminate this Lease by reason of any needed repairs under Sections 1941 and 1942 of the California Civil Code, or any similar law, statute, or ordinance, now or hereafter in effect. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), and subject to normal wear and tear, Landlord shall maintain in good repair the structural skeleton of the Building consisting only of the exterior walls (but not any of the Building’s windows or glass and not any sealing or repainting of such exterior walls), foundation, load bearing columns, and lateral supports of the Building, and all of the foregoing shall be subject to reimbursement by Tenant to the extent it comprises Operating Expenses. Except for damage caused by casualty and condemnation (which shall be governed by Sections 28 and 29 below), if and when repair and maintenance of the Building’s roof is no longer commercially feasible, Landlord shall, at Landlord’s sole cost and expense, replace the structural portions of the Shopping CenterBuilding’s roof. Landlord shall, Landlord reserves at Landlord’s sole cost and expense, perform any repairs, maintenance or replacement relating to any hazardous or toxic material contained in the right to interrupt Building or the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation Property as of the heating date of this Lease and air conditioning systemnot introduced by Tenant, if anyits representatives, until said repairsagents, alterations licensees, contractors or improvements shall have been completedinvitees (“Landlord Environmental Obligation”). If, as a result Landlord hereby represents and warrants to Tenant that none of Landlord's performance the Property’s Responsible Officers has received written notice of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because existence of any violation at the Building or the Property of any applicable codes, laws, ordinances, regulations and/or covenants where such interruption violation has not been remedied or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum otherwise eliminated on or before the date of interference with Tenant's use of the Premisesthis Lease.

Repairs by Landlord. Landlord shall keep repair, maintain and replace the roof structure, floor structure, exterior walls, foundations, downspouts, gutters walls and roofs foundations of the buildingsBuilding, and the plumbing, electrical and other utility system systems serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings Premises (excluding, however, repairs to windows, doors, saddles, saddles and plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice Routine maintenance or repair costs incurred in connection with the maintenance and repairs described in the preceding sentence shall be considered Common Area Operating Costs but replacements or repairs of the necessity for such repair, a capital nature (as determined in accordance with generally accepted accounting principles) shall be at Landlord's cost and expense and shall not be a Common Area Operating Cost. Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in the case of any an emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises Building or elsewhere in the Shopping Center, Premises or in order to make any repairs or alterations or improvements in or relating to the Premises Building or to other portions of the Shopping CenterPremises, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas or any other utility and also to suspend the operation of the heating and air conditioning system, if anywhere there shall be one installed in the Building, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there There shall be no abatement of in Rent because of any such interruption or suspension; , however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises. Landlord shall maintain the landscaping on the Building Parcel and periodically paint and repair the exterior surfaces of the Building and the cost thereof shall be a Common Area Operating Cost as set forth in Section 3.4; provided, however, if Landlord paints the entire Building during the Term of this Lease, such costs will be amortized and will not be a one-time charge. In addition, Landlord, at Landlord's discretion, may clean and maintain parking areas and entryways if the Tenant fails to keep such areas clean and in good condition, and the cost thereof shall be a Common Area Operating Cost as set forth in Section 3.4.

Repairs by Landlord. Except for those repairs which are expressly required to be made by (or on behalf of) Tenant pursuant to Section 12.01 above, Landlord shall, at Landlord’s expense, make (or cause to be made) all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair (the need for which Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs have knowledge) (a) all structural portions of the buildings, and the plumbing, electrical and other utility system serving but which are Building (whether located within or outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), such as, by way of example only, the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and roof, foundation, footings, exterior walls, load-bearing columns, if anyfloor slabs, curtain wall, windows and sashes, (b) all Building Common Areas to the extent such areas serve or affect the Premises or Tenant’s use of the Premises and the Building Common Areas, and (c) all base Building systems (whether such base Building systems are located within or outside of the Premises) serving the Premises and the Building Common Areas to the extent such areas serve or affect the Premises or Tenant’s use of the Premises and the Building Common Areas, provided that including the plumbing, sanitary, electrical, mechanical, fire protection, life safety and sprinkler systems of the Building and the HVAC System, in each case through the Term. Tenant agrees to deliver a Notice to Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity of repairs of which Tenant may have knowledge for such repair, which Landlord shall not may be required to commence any such repair until after notice from Tenant that responsible under the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any provisions of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1preceding sentence. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping CenterExcept as otherwise expressly provided herein, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3i) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement liability of Rent because Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs in or to any portion of the Building or the Premises or in and to the fixtures, appurtenances or equipment thereof, (ii) Tenant shall not be entitled to any setoff or reduction of rent by reason of any such interruption or suspension; however, failure of Landlord shall pursue such work to comply with reasonable continuity, diligence the covenants of this Article and dispatch and (iii) Tenant’s sole remedy at law in such a manner as (consistent instance will be by way of an action for damages for breach of contract. The provisions of this Article 12 shall not apply in the case of fire or other casualty which are dealt with good practice) to cause a minimum of interference with Tenant's use of the Premisesin Article 17 hereof.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs have no duty to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations improvements to the interior of the Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by any act or improvements neglect of Tenant, its agents, employees or invitees. Landlord shall not be liable for any damage caused to the person or property of Tenant, its agents, employees or invitees, due to the Property or the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of water or sewer, or from electricity, or from any other cause whatsoever. Tenant agrees to report immediately in writing to Landlord any defective condition in or relating about the Premises known to Tenant which Landlord is required to repair, and a failure to so report shall make Tenant liable to Landlord for any expense, damage or liability resulting from such defects. Landlord shall not be liable for failure to furnish or for suspension or delay in furnishing such services due to breakdown, maintenance, or repair work, strike, riot, civil commotion, governmental action or any other cause beyond the reasonable control of Landlord, or for interruptions of service for reasonable periods in connection with construction work being performed in the Building. Landlord hereby reserves the exclusive right at any time and from time to time to install, use, repair, inspect and replace pipes, ducts conduits and wires leading through or located adjacent to the Premises or to and serving other portions parts of the Shopping CenterBuilding in locations which do not materially interfere with Tenant’s use thereof. Landlord’s right hereunder may be exercised by Landlord’s designees. Tenant acknowledges and agrees that, from time to time, it will be necessary for Landlord reserves the right to temporarily interrupt the supply electrical or other utility service to the Premises of steamin order to perform maintenance and repair service on the utility systems serving the Property, condenser water or cooled air for air conditioning, electricity, water and gas and also in connection with supplying such utility service to suspend the operation new or existing tenants of the heating Property. Landlord will give Tenant reasonable advance notice in writing of any such interruptions in service (except any interruptions due to emergencies) and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, will use commercially reasonable efforts to minimize the interruption of Tenant’s business as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continuessuch interruptions. Other than Notwithstanding the aforesaid, there shall with respect to property damage only, Landlord will be no abatement liable for property damage caused by the gross negligence or wanton or intentional misconduct of Rent because of any such interruption Landlord, its employees, agents or suspension; contactors, subject, however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and to the waiver of subrogation provisions set forth in such a manner as subparagraph 17 (consistent with good practiceg) to cause a minimum of interference with Tenant's use of the Premisesbelow.

Repairs by Landlord. Landlord shall keep Except for any supplemental HVAC equipment installed by Tenant, the exterior wallsheating ventilation, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises units which are used exclusively installed by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby the responsibility of Landlord to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant maintain and its invitees, licensees, their respective officers, agents and employees or their customersrepair during the Lease Term. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required have no duty to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations improvements to the interior of the Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by any act or improvements neglect of Tenant, its agents, employees or invitees Landlord shall not be liable for any damage caused to the person or property of Tenant, its agents, employees or invitees, due to the Property or the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of water or sewer, or from electricity, or from any other cause whatsoever. Tenant agrees to report immediately in writing to Landlord any defective condition in or relating about the Premises known to Tenant which Landlord is required to repair, and a failure to so report shall make Tenant liable to Landlord for any expense, damage or liability resulting from such defects. Landlord shall not be liable for failure to furnish or for suspension or delay in furnishing such services due to breakdown, maintenance, or repair work, strike, riot, civil commotion, governmental action or any other cause beyond the reasonable control of Landlord, or for interruptions of service for reasonable periods in connection with construction work being performed in the Building. Landlord hereby reserves the exclusive right at any time and from time to time to install, use, repair, inspect and replace pipes, duct conduits and wires leading through or located adjacent to the Premises or to and serving other portions parts of the Shopping CenterBuilding in locations which do not materially interfere with Tenant’s use thereof. Landlord’s right hereunder may be exercised by Landlord’s designees. Tenant acknowledges and agrees that, from time to time, it will be necessary for Landlord reserves the right to temporarily interrupt the supply electrical or other utility service to the Premises of steamin order to perform maintenance and repair service on the utility systems serving the Property, condenser water or cooled air for air conditioning, electricity, water and gas and also in connection with supplying such utility service to suspend the operation new or existing tenants of the heating Property. Landlord will give Tenant reasonable advance notice of any such interruptions in service (except any interruptions due to emergencies) and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, will use commercially reasonable efforts to minimize the interruption of Tenant’s business as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesinterruptions.

Repairs by Landlord. Landlord shall keep the exterior wallsAt all times, foundationsLandlord, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied either voluntarily or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect governmental requirement, may at Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center’s own expense make repairs, or in order to make any repairs or alterations or improvements in or relating to the Building or any part thereof, including the common areas, and the Premises, and during operations, may close entrances, doors, corridors, elevators and other facilities and may have access to and open the ceilings, all without any liability to Tenant by reason of interference, inconvenience or annoyance except as provided herein. If such work should materially reduce the area rented by Tenant, the Total Rent paid by Tenant shall be abated as provided below. Any alterations, maintenance and/or repairs which Landlord makes, or is entitled to make pursuant to this Lease, in, around or near the Premises, and any entry into the Premises or by Landlord and/or any Landlord Party are collectively called “Restorative Work.” Notwithstanding anything contained in this Lease to other portions the contrary, Landlord shall conduct all Restorative Work: (a) outside Tenant’s normal business hours; (b) using reasonable commercial efforts not to interfere with Tenant’s use and enjoyment of the Shopping CenterPremises; (c) so that the level of Building services shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof; (d) so that Tenant is not deprived of access to the Premises; (e) so that all items brought into the Premises shall be removed prior to the start of the next business day (unless such items are required for support on a temporary basis) and the Premises are left in broom-clean condition; and (f) so that none of the Premises, Landlord reserves Tenant’s signs, or the windows in the Premises are blocked or blackened, or otherwise materially interfered with. In the event that a violation of any of items (a) through (f) above occur and continue for thirty (30) or more consecutive days (or forty-five (45) business days or more in the aggregate in any nine (9) month (or less) period), then Tenant shall have the right to interrupt the supply terminate this Lease by giving written notice to the Premises Landlord of steamsame, condenser water or cooled air for air conditioningand, electricity, water and gas and also to suspend the operation upon Tenant’s return of possession of the heating and air conditioning systemPremises, Landlord shall return the over-deposit of Total Rent, if any, until said repairsand the Security Deposit, alterations or improvements and thereafter neither party shall have been completedany further rights or obligations hereunder. IfFurther notwithstanding anything contained herein to the contrary, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference in the event that the Restorative Work materially interferes with Tenant's ’s ability to conduct its business in the Premises Premises, and Tenant therefor closes such interference continues for more than three (3) or more consecutive business days, Tenant shall be entitled have the right to an abatement xxxxx Total Rent in proportion to the area of Fixed Rent for each day after the third Premises affected as of the fourth (3rd4th) business day during which the condition continues. Other than the aforesaidday, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) without additional notice to cause a minimum of interference with Tenant's use of the PremisesLandlord.

Repairs by Landlord. Subject to the terms and conditions set forth in Articles XI, XII and Sections 4.6 and 17.16, and provided that Landlord has actual knowledge of the necessity for such repairs, Landlord shall keep the exterior wallsmake, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make or cause to be made all necessary repairs (structural repairs or otherwise) to the exterior walls of the buildings Common Areas (excluding, however, repairs any areas any tenant or any other occupant of the Shopping Center is obligated to windowsrepair) and (except as otherwise specified in this Lease) to the structural components of the Shopping Center (except for structural components which any tenant or any other occupant of the Shopping Center is obligated to repair) including the roof, doorsload-bearing walls, saddlesand exterior finishes on load bearing walls (but not interior finishes which shall be the responsibility of the tenants), plate foundations and structural floors serving the Leased Premises, structural components of the storefronts (but not non- structural components of the storefronts including storefront glazing consisting of glass, store fronts mullions, doors and air conditioning frames and heating installations any other non-structural components and wiringfinishes) and water, pipes sewer and other utility installations located outside of lines, ducts and conduits serving the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others Shopping Center and the load-bearing walls and load-bearing columns, if any, within Leases Premises (except to the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that extent the same is necessaryexclusively serve the Leased Premises or exclusively serve any other tenant premises) all in accordance with good shopping center business practices. The foregoing does not in anyway relieve Tenant from its responsibility to pay its share of Landlord's Operating Costs as provided in this Lease. In addition, with respect to any structural repairs which noticewould have been Landlord's responsibility pursuant to the foregoing, except in case of any emergencysuch structural repairs shall be performed at Tenant's sole cost and expense and, at Landlord's option, shall be in writing and shall allow Landlord ten performed by Tenant, to the extent such structural repairs are (10a) days in which subject to commence such repair. The fact that the costs incurred provisions of Section 8.7, necessitated by Landlord the negligence or intentional misconduct of Tenant, its employees, agents or contractors, or (b) required by reason of Tenant's specific use of the Leased Premises or the particular configuration of the Tenant Improvements, or (c) necessitated by or to or in connection with any improvement, alteration, change or addition to the Leased Premises performed by or at the direction of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect LandlordTenant, or any repair or replacement or maintenance which is Tenant's performance obligations obligation under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping CenterLease, or (d) required of Tenant in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, its capacity as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesemployer.

Repairs by Landlord. Landlord shall keep the exterior wallsTenant, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside by taking possession of the Premises, in good order, condition and repair shall accept and shall make necessary structural repairs be held to have accepted the Premises as suitable for the use intended by this Lease, subject to the exterior walls terms and conditions of this Lease. In no event shall Tenant be entitled to compensation or any other damages or any other remedy against Landlord in the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of event the Premises which are used exclusively by not deemed suitable for Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that 's use. Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any actrequired, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice after possession of the necessity for such repairPremises has been delivered to Tenant, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or Premises, except as set forth in this Lease. Except for damage caused by casualty and condemnation (which shall be governed by Sections 23 and 24 below), and subject to other portions normal wear and tear, Landlord shall maintain in good condition and repair the structural components of the Shopping exterior walls, roof and foundation, and the common areas of the Industrial Center, provided such repairs are not necessitated or occasioned by Tenant, Tenant's invitees or anyone in the employ or control of Tenant. Additionally, Landlord reserves hereby warrants that all Building systems (the right to interrupt "Premises Systems"), including the supply to the Premises of steamelectrical, condenser water or cooled air for life safety, plumbing and heating, ventilation and air conditioning, electricitysecurity alarm, water and gas doors, windows and also skylights, to suspend the extent existing therein, are and will be in good working order and condition for the period commencing on the Commencement Date hereunder and expiring on the date six full calendar months thereafter (the "Warranty Period"). During the Warranty Period, upon written notice given by Tenant to Landlord of a failure or faulty operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; howeverSystems, Landlord shall pursue repair the failed or improperly operating Premises Systems at Landlord's sole cost and expense as long as such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with failure was not caused by Tenant's use willful or negligent misconduct. Upon expiration of the PremisesWarranty Period, and after completion of any repair earlier noticed, and except as may otherwise be required pursuant to the Work, Landlord shall have no further obligation to repair or correct any failure of the Premises Systems during the Term of this Lease. Tenant hereby waives the provisions of California Civil Code Sections 1941 and 1942 with respect to Landlord's obligations under the Lease.

Repairs by Landlord. Except as the same may be Tenant’s obligation pursuant to Section 8 of this Lease, Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, Premises and the Building and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, electrical cleaning, refrigeration, ventilating, air conditioning and other utility system serving but which are located outside of the Premises, in good order, condition elevator systems and repair and shall make necessary structural repairs to the exterior walls of the buildings equipment (excluding, however, repairs to windowslines, doorsimprovements, saddlessystems and machinery for water, plate glassgas, store fronts steam and air conditioning electricity owned and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused maintained by any act, omission public utility company or negligence of Tenant governmental agency or body) in good order and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection consistent with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating Building as a first-class office building in the Tampa Bay area, including those servicing and/or located within the Premises. Landlord, at its expense (subject to reimbursement by Tenant pursuant to Section 7 of this Lease), shall make all repairs and air conditioning systemreplacements necessary to comply with its obligations set forth in the immediately preceding sentence, if anyexcept for (a) repairs required to be made by Tenant pursuant to Section 8 of this Lease and (b) notwithstanding the provisions of Subsection 16.4 of this Lease, until said repairsrepairs caused by the negligence or willful misconduct of Tenant, alterations or improvements its agents, employees, invitees and guests, which repairs shall have been completed. Ifbe made by Landlord at the cost of Tenant, and for which Tenant shall pay promptly, as a result Additional Rent, upon receipt of Landlord's performance an invoice setting forth the cost of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continuessuch repairs. Other than the aforesaid, there There shall be no abatement in rents due and payable hereunder and no liability on the part of Rent because Landlord by reason of any such interruption inconvenience or suspension; howeverannoyance arising from Landlord’s making repairs, Landlord shall pursue such work additions or improvements to the Building in accordance with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesits obligations hereunder.

Repairs by Landlord. Landlord shall keep make all repairs necessary to maintain the exterior wallsBuilding, foundationsthe Common Areas, downspouts, gutters and roofs of the buildings, and the plumbing, HVAC and electrical systems installed or furnished by Landlord (excluding any special electrical equipment or other fixtures installed or furnished by Landlord at Tenant's request and other utility system serving but which are located outside not as part of Landlord's Work unless the Premisesmaintenance and repair was necessitated by the misrepresentation, negligence or misconduct of Landlord or caused by the act, omission, accident or negligence of Landlord, its agents, employees, invitees, licensees, subtenants or contractors, in good order, condition which case such maintenance or repairs shall be made at Landlord's sole cost and repair and shall make necessary structural repairs expense if not otherwise reimbursed to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively Tenant by insurance carried by Landlord or Tenant), the dividing walls between glass curtain walls, windows, flooring installed or furnished by Landlord, and all other structural elements of the Premises and space occupied installed or to be occupied furnished by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord. Tenant shall promptly notify Landlord of any condition which requires repair. Landlord shall not undertake such repairs with due diligence within a reasonable time after written notice from Tenant that such repair is needed. In no event shall Landlord be obligated hereby to do repair any work required to be done because of nonstructural system damage or any damage to systems not provided in base Building plans unless such damage is caused by any the act, omission omission, accident or negligence of Tenant and Landlord or its employees, agents, invitees, licensees, their respective officerstenants, agents and employees subtenants or their customerscontractors in such capacity. Except where Landlord has actual notice of the necessity for such repair, Landlord Tenant shall not be required to commence make structural repairs or repairs to the systems of the Building, but such repairs shall be made by Landlord, and the costs of such repairs shall be Expenses to the extent permitted in this Lease, unless the repairs were necessitated by the act, omission, accident, negligence or misconduct of Tenant or its employees, agents, invitees, licensees, subtenants or contractors, in which case such repairs shall be at Tenant's sole cost and expense. Tenant shall not be required to maintain or repair Building standard finishes within restrooms, drinking fountains and other Building systems, all of which shall be maintained by Landlord and the cost thereof shall be included in Expenses to the extent permitted in this Lease. Any special leasehold improvements may, at Tenant's written request and at Landlord's option, be maintained by Landlord at Tenant's expense which shall be an amount equal to Landlord's actual cost plus an additional charge of fifteen percent (15%) of such cost. Notwithstanding the provisions of this Section 3.5 to the contrary, Landlord shall, at Landlord's sole cost and expense and not as part of Expenses, repair any such repair until after notice from Tenant that defects in the same is necessaryconstruction of the (i) base Building work or any Tenant's Work installed by Landlord, or Landlord's contractor, which noticeare discovered by Tenant and communicated in writing by Tenant to Landlord within the time period specified in Section 3.1 above, and (ii) the base Building work and Tenant's Work installed by Landlord or Landlord's contractor necessitated by the failure of Landlord or Landlord's contractor to comply with the Building plans and Tenant's Plans for such work and all codes, legal requirements and other applicable laws in effect at the time of construction of the base Building work and Tenant's Work. If, within a reasonable time after discovery, Tenant notifies Landlord of such defects, Landlord shall thereafter, with reasonable diligence, proceed to repair such defects to a reasonably satisfactory condition. Landlord shall not be liable to Tenant, except as expressly provided in case of this Lease, for any emergencydamage or inconvenience, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B Tenant shall not affect Landlord's performance obligations under this Section 5.1. When necessary be entitled to any damages nor to any abatement or reduction of rent by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Centerany maintenance, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Centerrepairs, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairsreplacements, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights additions made by Landlord under this Section 5.1Lease, there is created a substantial except as specified in paragraph 11 of Exhibit H attached hereto and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesincorporated herein by reference.

Repairs by Landlord. The Landlord shall agrees to keep in good repair the exterior wallsparking and truck courts, roof, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excludingBuilding containing or constituting a part of the Premises; provided, however, the Landlord shall not be responsible for the repair of glass and exterior doors and any and all repairs rendered necessary by the negligence of Tenant, its agents, employees, or invitees. Landlord warrants to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside Tenant that the structural integrity of the floors of the Premises which are used exclusively by Tenant)is sufficient for uses allowable for a slab design of six (6) inches unreinforced, the dividing walls between the Premises 4,000 psi concrete, and space occupied or Landlord agrees to be occupied by others and the load-bearing walls and load-bearing columnsperform all repairs necessary due to a breach in said warranty; provided, if anyhowever, within the Premises, provided that Landlord shall not be obligated hereby responsible for the repair of (i) any and all repairs rendered necessary by the negligence of Tenant, its agents, employees, or invitees, and (ii) any areas of the floor xxxxx Xxxxxx xxxxalls its cooler and freezer areas. In addition, with respect to do the saw joint areas, this warranty is conditioned on Tenant providing a flexible epoxy joint sealer similar to Euco 700, manufactured by Euclid Chemical Company, in the saw joint locations of Tenant's fork lift traffic, with said sealer being applied during the first twelve months of the Lease term. Landlord gives to Tenant exclusive control of the Premises and shall be under no obligation to inspect said Premises. Tenant shall report in writing to Landlord any work defective condition known to it within a reasonable time after learning of such condition, which Landlord is required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, and failure to so report such defects shall make Tenant responsible to Landlord shall not be required to commence for any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs liability incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in such failure to report except for any repairs rendered necessary by the Premises or elsewhere in the Shopping Centernegligence of Tenant, its agents, employees, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions invitees. Landlord shall warrant all construction for a period of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three one (31) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day year after the third (3rd) business day during which the condition continuesCommencement Date. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence assign to Tenant all warranties including those for equipment and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesmechanical systems.

Repairs by Landlord. Landlord Landlord, at Landlord’s expense, throughout the Term, shall keep and maintain the structural and public portions of the Building (including the roof, exterior Building walls, foundations, downspouts, gutters and roofs of the buildings, windows and the plumbingglass therein, electrical grounds and other utility system landscaping) and the Building Systems serving but which are located outside of the Premises, in good working order, condition and repair and shall make necessary all repairs, structural and otherwise, interior and exterior, as and when needed to the foregoing and in or about the Premises, except for those repairs for which Tenant is responsible pursuant to any of the other express provisions of this Lease; and such repairs to the exterior walls of Premises shall be at least equal in quality and class to those typically made in first class office buildings in Manhattan and made in compliance with all Insurance Requirements and Legal Requirements. Landlord at all times shall operate the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if anyBuilding in a manner consistent with a first class office building. Landlord shall, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Business Days’ after Tenant shall be entitled give notice to Landlord or sooner in the event of an abatement emergency, endeavor to commence and diligently prosecute to completion all repairs and maintenance for which Landlord is responsible pursuant to the provisions of Fixed Rent for each day after this Lease. Landlord covenants to take such steps as are reasonably available to Landlord to minimize the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's ’s access to and/or use of the PremisesPremises arising from such repairs and maintenance; provided, that Landlord shall have no obligation to take such steps by performing such work on an overtime basis unless Tenant pays any excess charges to Landlord for such overtime work.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, Premises and the Building and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building Area, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, electrical cleaning, refrigeration, ventilating, air conditioning and other utility system serving but which are located outside of the Premises, in good order, condition elevator systems and repair and shall make necessary structural repairs to the exterior walls of the buildings equipment (excluding, however, repairs to windowslines, doorsimprovements, saddlessystems and machinery for water, plate glassgas, store fronts steam and air conditioning electricity owned and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused maintained by any act, omission public utility company or negligence of Tenant governmental agency or body) in good order and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection consistent with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating Building Area as a first-class office building. Landlord, at its expense (subject to reimbursement by Tenant pursuant to Section 7), shall make all repairs and air conditioning systemreplacements necessary to comply with its obligations set forth in the immediately preceding sentence, if anyexcept for (a) repairs required to be made by Tenant pursuant to Section 8 and (b) repairs caused by the willful misconduct of Tenant, until said repairsits agents, alterations or improvements employees, invitees and guests, which repairs shall have been completed. Ifbe made by Landlord at the cost of Tenant, and for which Tenant shall pay promptly, as a result Additional Rent, upon receipt of Landlord's performance an invoice setting forth the cost of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continuessuch repairs. Other than the aforesaid, there There shall be no abatement in rents due and payable hereunder and no liability on the part of Rent because Landlord by reason of any such interruption inconvenience or suspension; howeverannoyance arising from Landlord's making repairs, Landlord shall pursue such work additions or improvements to the Building in accordance with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesits obligations hereunder.

Repairs by Landlord. Landlord shall agrees to keep in good repair the roof (and the drainage system therefor), foundations and exterior walls, foundations, downspouts, gutters and roofs walls of the buildingsPremises (exclusive of all exterior doors), HVAC systems (subject to terms of the HVAC Expense Cap set forth in Section 11.B hereof), and the plumbing, electrical utility equipment and other utility system serving but which are located underground sewer pipes outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused except repairs rendered necessary by any act, omission or the negligence of Tenant and or its invitees, licensees, their respective officersemployees, agents and employees or their customerscontractors. Except where Tenant shall promptly report in writing to Landlord has actual any defective condition known to Tenant which Landlord is required to repair. Xxxxxxxx's repairs to the Premises shall be completed within thirty (30) days of Landlord's receipt of notice of the necessity for same from Tenant (or such earlier time as may be reasonably required in the event of an emergency repair (as such term is defined hereinbelow)) or if due to the nature of the repair, Landlord shall the same cannot be completed within thirty (30) days, then such additional time as required to commence any such repair until after notice from Tenant that complete the same so long as Landlord has commenced the repairs within said thirty (30) day period and is necessarydiligently pursing the completion thereof and Landlord provides Tenant with a timeline for final completion. Should Landlord fail to commence or complete such repairs within the aforementioned time periods, which notice, except in case of any emergency, it shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred an Event of Default by Landlord and Tenant shall have the right, in connection with addition to any of other right or remedy available to Tenant, to make such non-structural repairs within the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall Premises that do not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions occupants of the Shopping CenterCenter and to be reimbursed by Landlord for such commercially reasonable and substantiated costs thereof, Landlord reserves including through offset against future rent amounts owed hereunder for Rent from Tenant to Landlord. As used herein, the right term "emergency repair" shall mean any repair which, if not immediately repaired, would pose imminent harm or injury to interrupt the supply Tenant or its employees or invitees or prevents Tenant from being able to open and operate for business from the Premises of steam, condenser water (or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesportion thereof).

Repairs by Landlord. During the Term, Landlord shall keep perform diligently, promptly and in a good and workmanlike manner in compliance with all applicable Legal Requirements, all maintenance, repairs and replacements to (i) the structural components of the Building, including without limitation the roof, roofing system, exterior walls, bearing walls, support beams, foundations, downspoutscolumns, gutters exterior doors and roofs windows and lateral support to the Building; (ii) use diligent efforts to assure watertightness of the buildingsBuilding and the Premises (including caulking of the flashings) and repairs to the roof, roofing system, curtain walls, windows, and skylights if required to assure watertightness; (iii) the plumbing, lawn and fire sprinklers, heating, ventilation and air conditioning systems, electrical and other utility system serving but which are located outside mechanical lines and equipment associated therewith, including without limitation elevators; (iv) the parking lots, garages, and common areas of the PremisesProject and Building, including their lighting systems; (v) the exterior improvements to the Building, including walkways, shrubbery and landscaping; (vi) exterior glass including cleaning and replacements, (vii) the Building and the Premises necessitated by the negligence or willful misconduct of Landlord, its agents, contractors, representatives or employees; (viii) the Building and the Premises necessitated by the presence of Hazardous Materials for which Tenant is not liable pursuant to Section 4.06 hereof and for which Landlord has responsibility; and (ix) any part of the Building and the Premises for which Tenant has not expressly assumed responsibility and for which Landlord has. In the event of any damage to such components or systems caused by Tenant or Tenant’s agents, contractors or employees, the cost of repair or restoration of such damage shall be paid for solely by Tenant in good order, condition and repair and an amount equal to Landlord’s costs plus fifteen percent (15%) for administrative cost recovery. Landlord shall make necessary structural such repairs to Building Standard improvements as may be deemed necessary by Landlord for normal maintenance operations and Landlord shall not otherwise be obligated to make improvements to, or repairs of, the exterior walls of the buildings (excludingPremises except as expressly required hereunder; provided, however, Landlord shall, at Tenant’s expense, make such additional improvements to, or repairs to windowsof, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant)as Tenant shall request in writing, the dividing walls between the Premises and space occupied or at a cost equal to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any such maintenance or such repairs, plus an additional charge of fifteen percent (15%) for administrative cost recovery. Notwithstanding anything herein to the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring contrary, in the Premises or elsewhere in the Shopping Center, or in order to make any event that repairs or alterations or improvements in or relating are necessitated to the Premises due to the presence of Hazardous Materials for which Tenant is not liable pursuant to Section 4.06 and for which Landlord has no responsibility hereunder and does not otherwise elect to remediate, and in the further event that Tenant determines, in its reasonable discretion, that the presence of such Hazardous Materials creates an unsafe working environment for Tenant’s employees and invitees, then Tenant shall notify Landlord in writing of such condition and that it intends to terminate this lease if remedial action is not undertaken, in which event Landlord will have thirty (30) days or such longer period of time as may be reasonably necessary to other portions of remediate same and if Landlord fails to remediate such condition or complete such remediation in the Shopping Centertime period(s) set forth above, Landlord reserves then Tenant shall have the right to interrupt the supply terminate this lease, such termination to the Premises be effective upon delivery of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also written notice thereof to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.

Repairs by Landlord. Landlord shall keep maintain the roof, exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if anyfoundation, within floor slabs, and other structural components, the Premisesmechanical, provided that Landlord electrical and plumbing systems, the Common Areas and the roadways and landscaping of the Building (excluding leasehold improvements) in a good and operable condition, consistent with the standards of other first- class office buildings in the Central Business District of Houston, Texas, and shall make such repxxxx xxx xxxxxxxxxxxx xx xxx xx xxxxxxxx xx maintain the Building in such condition. This Section 5.02 shall not be obligated hereby apply to do any work required damages resulting from an exercise of eminent domain (as to be done because of any damage caused by any act, omission which Section 6.01 shall apply) or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees to damages resulting from a fire or their customersother casualty (as to which Section 6.03 shall apply). Except where Landlord has actual notice of the necessity for such repairUnless otherwise expressly stipulated herein, Landlord shall not be required to commence make any such repair until after notice from Tenant that the same is necessary, which notice, except in case improvements to or repairs of any emergencykind or character to the Leased Premises or the leasehold improvements therein during the term of this Lease; provided, however, leasehold improvements in the Leased Premises will, at Tenant's written request, be maintained by Landlord at Tenant's expense, at a cost or charge equal to Landlord's costs incurred for such work plus an administrative fee. Tenant, however, shall have the right to use contractors of its choice to perform any of such maintenance of the leasehold improvements in the Leased Premises provided that: (i) the maintenance work will not materially affect the Building structure or mechanical, electrical or plumbing systems, all of which work shall be performed by Landlord or its contractors but shall be paid for by Tenant in writing an amount equal to Landlord's cost plus an administrative fee, and (ii) Tenant's contractors shall allow Landlord ten (10) days in which be subject to commence such repairLandlord's prior approval, not to be unreasonably withheld. The fact that the costs incurred administrative fee charged by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water 5.02 and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements Section 5.03 shall have been completed. If, as a result not exceed five percent (5%) of Landlord's performance out-of-pocket costs relating thereto during the initial term or any renewal term of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesLease.

Repairs by Landlord. Landlord shall keep the exterior wallsBuilding and all machinery, foundationsequipment, downspoutsfixtures and systems of every kind attached to, gutters and roofs of or used in connection with the buildingsoperation of, and the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, electrical cleaning, refrigeration, ventilating, air-conditioning and other utility system serving but which are located outside of the Premises, in good order, condition elevator systems and repair and shall make necessary structural repairs to the exterior walls of the buildings equipment (excluding, however, repairs to windowslines, doorsimprovements, saddlessystems and machinery for water, plate glassgas, store fronts steam and air conditioning electricity owned and heating installations maintained by any public utility company or governmental agency or body and wiring, pipes any supplemental HVAC system approved by Landlord and other utility installations located outside of the Premises which are used exclusively installed by Tenant), the dividing walls between the Premises ) in good order and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection consistent with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating Building as a first-class office building. Landlord, at its cost and air conditioning systemexpense, if anyshall make all repairs and replacements necessary to comply with its obligations set forth in the immediately preceding sentence, until said except for (a) repairs or alterations required to be made by Tenant pursuant to Section 11 hereof and (b) repairs caused or to the extent contributed to by the negligence or willful misconduct of Tenant, its agents, employees, invitees and guests, which repairs shall be made by Landlord at the cost of Tenant, and for which Tenant shall pay promptly upon receipt of an invoice setting forth the cost of such repairs, alterations or improvements shall have been completedexcept as, and to the extent, otherwise provided in Section 14.5. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there There shall be no abatement in rents due and payable hereunder and no liability on the part of Rent because Landlord by reason of any such interruption inconvenience, annoyance or suspension; howeverinjury arising from Landlord’s making reasonable repairs, additions or improvements to the Building in accordance with its obligations hereunder. Notwithstanding the foregoing, Landlord shall pursue such work with make commercially reasonable continuityefforts to avoid disruption of Tenant’s business. Landlord shall have no obligation hereunder to make repairs of Tenant Improvements, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises’s Alterations or Tenant’s Personal Property.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall have no duty to Tenant to make necessary structural any repairs or improvements to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside interior of the Premises which are used exclusively by Tenant)except structural repairs necessary for safety and tenantability, the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, then only if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused brought about by any actact or neglect of Tenant, omission its agents, employees or negligence of Tenant and its invitees, licenseesexcluding accidents covered by Landlord’s insurance, their respective officers, agents and employees subject to Article 17(f). Unless due to Landlord’s gross negligence or their customers. Except where Landlord has actual notice of the necessity for such repairwillful misconduct, Landlord shall not be liable for any damage caused to the person or property of Tenant, its agents, employees or invitees, due to the Properly or the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of water or sewer, or from electricity, or from any other cause whatsoever. Tenant agrees to use commercially reasonable efforts to report as soon as practicable under the circumstances, in writing to Landlord any defective condition in or about the Premises known to Tenant which Landlord is required to commence repair, and a failure to so report shall make Tenant liable to Landlord for any expense, damage or liability resulting from such defects. Landlord shall not be liable for failure to furnish or for suspension or delay in furnishing such services due to breakdown, maintenance, or repair until after notice from Tenant that work, strike, riot, civil commotion, governmental action or any other cause beyond the same is necessaryreasonable control of Landlord, which notice, except in case or for interruptions of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord service for reasonable periods in connection with any construction work being performed in the Building. If such interruption is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, and Tenant is precluded from being open for business within the Premises for a period of seventy-two (72) continuous hours, and provided that business interruption insurance that may be carried by Tenant, at its option, at the time in question would not provide reimbursement to Tenant for rental payments during this period, then Tenant’s Base Rent and other charges shall axxxx commencing after such seventy-two (72) hour period, until the earlier of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident date on which such utility service is restored or other cause occurring in the Premises or elsewhere in date the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air Tenant reopens for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesbusiness.

Repairs by Landlord. Landlord shall keep repair and maintain the exterior roof, foundation, floor slabs, masonry walls, foundationscolumns, downspouts, gutters structural steel and roofs other structural elements of the buildingsBuilding, the Building Systems and the plumbing, electrical and other utility system serving but which are located outside of the Premises, Common Areas in good order, condition and repair consistent with the standards of Comparable Buildings in the market in which the Project is located, but taking into consideration the age of the Building, unless the condition requiring such maintenance is caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay Landlord the reasonable cost of such maintenance or repairs. Additionally, Landlord shall repair and/or replace as necessary: (a) all lamps, starters and shall make necessary structural repairs ballasts for Building Standard lighting fixtures within the Premises; and (b) any damage or injury of whatever nature done to the exterior walls Premises by Landlord, its agents, representatives, contractors, vendors, employees or invitees, or resulting from a breach by Landlord of its obligations under this Lease. No compensation or claim or diminution of Rent will be allowed or paid by Landlord by reason of inconvenience, annoyance or injury to business, arising from the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside necessity of repairing the Premises or any portion of the Premises which are used exclusively by or Project, however the necessity may occur, as determined in the sole discretion of Landlord. Landlord shall have no obligation to replace or repair Tenant)’s Property, the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do liable for any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order failure to make any repairs or alterations or improvements in or relating to the Premises or to other portions perform any maintenance required of Landlord hereunder, unless such failure shall persist for an unreasonable period of time after written notice of the Shopping Center, need for such repairs or maintenance is given to Landlord reserves by Tenant in accordance with the right to interrupt the supply to the Premises Notices provision of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesLease.

Repairs by Landlord. Landlord shall keep and maintain the exterior wallsBuilding, foundationsthe Common Areas and the Premises (to the extent of Landlord’s obligations herein with respect to the Premises) according to the standards of Comparable Space. Except to the extent caused by Tenant or Tenant’s Invitees, downspoutsLandlord shall make all repairs necessary to maintain the Building, gutters and roofs of the buildingsCommon Areas, and the plumbing, HVAC and electrical systems installed or furnished to the Premises by Landlord as part of Landlord’s Work (excluding any special electrical equipment or other fixtures installed or furnished by Landlord at Tenant’s request and other utility system serving but which are located outside not as part of Landlord’s Work unless the Premisesmaintenance and repair was necessitated by the misrepresentation, negligence or misconduct of Landlord or caused by the negligence of Landlord, its agents, employees, or contractors, in good orderwhich case such maintenance or repairs shall be made at Landlord’s sole cost and expense if not otherwise reimbursed to Tenant by insurance carried by Landlord or Tenant), condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doorsflooring installed or furnished by Landlord, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and all other utility installations located outside structural elements of the Premises installed or furnished by Landlord. Tenant shall promptly notify Landlord of any condition which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that requires repair. Landlord shall not undertake such repairs with due diligence within a reasonable time after written notice from Tenant that such repair is needed subject to reasonable delays for adjustment of insurance claims, Force Majeure or other matters beyond Landlord’s control. In no event shall Landlord be obligated hereby to do repair any work required to be done because of nonstructural system damage or any damage to systems not provided in base Building plans unless such damage is caused by any act, omission or the negligence of Landlord or its employees, agents, or contractors in such capacity. Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence make structural repairs or repairs or replacements to the mechanical systems of the Building (including but not limited, to HVAC, electrical and plumbing), but such repairs shall be made by Landlord at Landlord’s cost, unless the repairs were necessitated by Tenant’s negligence or misconduct, in which case such repairs shall be at Tenant’s sole cost and expense, if such costs are not otherwise reimbursed to Landlord by the proceeds of insurance carried by either Landlord or Tenant. Any special leasehold improvements shall, at Tenant’s written request and at Landlord’s option, be maintained by Landlord at Tenant’s expense in an amount equal to Landlord’s actual cost plus an additional charge of ten percent (10%) of such cost. Notwithstanding the provisions of this Section to the contrary, Landlord shall, at Landlord’s sole cost and expense, repair: any such repair until after notice from Tenant that defects in the same is necessaryconstruction of the (i) base Building work or any Tenant’s Work installed by Landlord, or Landlord’s contractor, which notice, except in case of any emergency, shall be are discovered by Tenant and communicated in writing by Tenant to Landlord, and shall allow Landlord ten (10ii) days in which to commence such repair. The fact that the costs incurred base Building work and Tenant’s Work installed by Landlord or Landlord’s contractor necessitated by the failure of Landlord or Landlord’s contractor to comply with the Building plans and Tenant’s Plans for such work and all codes, legal requirements and other applicable laws in connection with any effect at the time of construction of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water base Building work and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completedTenant’s Work. If, as within a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business daysreasonable time after discovery, Tenant shall be entitled to an abatement notifies Landlord of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; howeverdefects, Landlord shall pursue such work thereafter, with reasonable continuitydiligence subject to reasonable delays for adjustment of insurance claims, diligence and dispatch and in Force Majeure or other matters beyond Landlord’s control, proceed to repair such defects to a manner as (reasonably satisfactory condition consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisescomparable buildings.

Repairs by Landlord. The Landlord shall shall, at its sole cost and expense, keep and maintain the exterior walls, foundations, downspouts, gutters and roofs of the buildingsroof, and the plumbing, electrical and other utility system serving but which are located outside structural portions of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings Premises (excludingexcept any walls, howeverwhether temporary or permanent, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively installed by Tenant), in good condition and repair, except for repairs or replacements occasioned or required by reason of the dividing walls between acts of the Premises and space occupied Tenant, its employees, agents, invitees, licensees, or contractors. The Tenant agrees to be occupied by others and give the load-bearing walls and load-bearing columns, if any, within Landlord written notice of the Premises, provided that necessity for repairs or replacements coming to the attention of the Tenant. The Landlord shall not be obligated hereby to do make any work repair or replacement required to be done because of any damage caused by any act, omission or negligence of it until notice in writing from Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity need for same. The Landlord shall have a reasonable time after Tenant’s written notice in which to make such repairrepair or replacement. The Landlord shall be responsible for the replacement cost of the heating, air-conditioning and ventilation system and units (excluding HVAC units installed subsequent to January 15, 2007, for which Tenant shall be solely responsible for their replacement cost). The provisions of this Article shall not apply in the event of damage or destruction by fire or other casualty or taking under a power of eminent domain, in which event the obligations of the Landlord shall be controlled by the terms of Article XIII and Article XIV. The Landlord shall not be required liable for any damage done to commence any such repair until after notice the personal property or leasehold improvements of Tenant occasioned by or from Tenant that the same is necessaryelectrical system, which noticethe heating or cooling system, the plumbing and sewer systems, nor for damage occasioned by snow or ice being upon or coming through the roof, walls, windows, doors or otherwise, in, upon or about the Premises, except in case to the extent resulting from the negligence or unlawful or willful acts of Landlord, its agents, employees, and contractors, or resulting from the failure of Landlord to perform its obligations hereunder; nor for any emergency, shall be in writing and shall allow Landlord ten (10) days in damage arising from acts or negligence of other occupants of the property of which to commence such repairthe Premises is a part. The fact that Landlord shall not be liable for any damage occasioned for failure to keep the costs incurred by Premises in repair, unless the Landlord in connection with any is obligated to make such repairs under the terms hereof and unless notice of the foregoing are includable in Common Area Operating Costs pursuant need for repairs has been given the Landlord and a reasonable time has elapsed and the Landlord has failed to Subsection 3.5B make such repairs. Landlord shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident be liable to Tenant for any damages to person or property resulting from fire or other cause occurring in hazards, except to the Premises extent resulting from the negligence or elsewhere in the Shopping Centerunlawful or willful acts of Landlord, its agents, employees, and contractors, or in order resulting from the failure of Landlord to make any repairs or alterations or improvements in or relating to the Premises or to other portions perform its obligations hereunder, regardless of the Shopping Centercause thereof, and the Tenant hereby releases the Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air from all liability for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesdamage.

Repairs by Landlord. The Landlord shall shall, at its sole cost and expense, keep and maintain the exterior walls, foundations, downspouts, gutters and roofs of the buildingsroof, and the plumbing, electrical and other utility system serving but which are located outside structural portions of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings Premises (excludingexcept any walls, howeverwhether temporary or permanent, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively installed by Tenant), in good condition and repair, except for repairs or replacements occasioned or required by reason of the dividing walls between acts of the Premises and space occupied Tenant, its employees, agents, invitees, licensees, or contractors. The Tenant agrees to be occupied by others and give the load-bearing walls and load-bearing columns, if any, within Landlord written notice of the Premises, provided that necessity for repairs or replacements coming to the attention of the Tenant. The Landlord shall not be obligated hereby to do make any work repair or replacement required of it until notice in writing from Tenant of the need for same. The Landlord shall have a reasonable time after Tenant’s written notice in which to make such repair or replacement. In addition, the Landlord shall be done because responsible for the cost of replacing the heating, air-conditioning and ventilation system and units (“HVAC”); provided however, Tenant shall be responsible for the replacement of any HVAC unit installed or replaced in or on the Premises since January 15, 2007. The provisions of this Article shall not apply in the event of damage caused or destruction by any actfire or other casualty or taking under a power of eminent domain, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice in which event the obligations of the necessity for such repair, Landlord shall be controlled by the terms of Article XIII and Article XIV. The Landlord shall not be required liable for any damage done to commence any such repair until after notice the personal property or leasehold improvements of Tenant occasioned by or from Tenant that the same is necessaryelectrical system, which noticethe heating or cooling system, the plumbing and sewer systems, nor for damage occasioned by snow or ice being upon or coming through the roof, walls, windows, doors or otherwise, in, upon or about the Premises, except in case to the extent resulting from the negligence or unlawful or willful acts of Landlord, its agents, employees, and contractors, or resulting from the failure of Landlord to perform its obligations hereunder; nor for any emergency, shall be in writing and shall allow Landlord ten (10) days in damage arising from acts or negligence of other occupants of the property of which to commence such repairthe Premises is a part. The fact that Landlord shall not be liable for any damage occasioned for failure to keep the costs incurred by Premises in repair, unless the Landlord in connection with any is obligated to make such repairs under the terms hereof and unless notice of the foregoing are includable in Common Area Operating Costs pursuant need for repairs has been given the Landlord and a reasonable time has elapsed and the Landlord has failed to Subsection 3.5B make such repairs. Landlord shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident be liable to Tenant for any damages to person or property resulting from fire or other cause occurring in hazards, except to the Premises extent resulting from the negligence or elsewhere in the Shopping Centerunlawful or willful acts of Landlord, its agents, employees, and contractors, or in order resulting from the failure of Landlord to make any repairs or alterations or improvements in or relating to the Premises or to other portions perform its obligations hereunder, regardless of the Shopping Centercause thereof, and the Tenant hereby releases the Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air from all liability for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesdamage.

Repairs by Landlord. Except as set forth in Section 12 above, Landlord shall keep the exterior wallsmake all structural repairs, foundationsincluding, downspoutsbut not limited to, gutters structural columns and roofs of the buildingsfloors (excluding floor coverings, such as carpet and the plumbing, electrical and other utility system serving but which are located outside floor tile) of the Premises, in good orderthe roof and roof membrane of the Building, condition the load bearing and repair and shall make necessary structural repairs to the exterior walls of the buildings Building (excludingexcluding glass), howeverfoundation, repairs floor slab, footings and underground utilities, provided Tenant gives Landlord written notice specifying the need for and nature of such repairs. If by reason of the negligence or willful misconduct of Landlord, its agents, servants or employeesor the failure of Landlord to windowscomply with all of its obligations hereunder (including, doorswithout limitation, saddlesthis Section 13 and Section 11(g) above), plate glasstwenty percent (20%) or more of the rentable floor area of the Building shall be rendered untenantable, store fronts the Annual Rent and air conditioning and heating installations and wiring, pipes and other utility installations located outside Additional Rent shall be abated proportionally as to the portion of the Premises rendered untenantable while it is untenantable, except such abatement shall not apply to the extent of any business interruption insurance required to be maintained by Tenant under Section 21. Except as provided herein, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption, or injury to business arising from the making of any repairs or changes which are used exclusively Landlord is required or permitted by Tenant)this Lease to make, the dividing walls between the Premises and space occupied or by any other tenant's lease or required by law to make in or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within any portion of the Premises, provided that Building or Common Areas. If, without Landlord's prior consent, Tenant performs or permits to be performed any alterations, additions, improvements, changes, affixations of chattels, or other work which affects the structural portions of the Premises and/or the roof of the Building or which affects the structural integrity of the Building, such action by Tenant shall release and discharge Landlord as of the commencement of such alteration, addition, improvement, affixation, or other work of and from such repair obligation. Thereafter, Tenant agrees to be solely responsible under Landlord's supervision for the maintenance, repair, and replacement of any or all such structural portions and/or roof which have been affected as aforesaid, and Tenant shall commence promptly after demand by Landlord to make all such repairs and replacements and proceed diligently to complete them. In the event Tenant shall fail in the performance, to Landlord's reasonable satisfaction, of such responsibilities, Landlord, in addition to Landlord's other remedies under this Lease, at law or in equity, may (but shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence so) cure such failure on behalf of Tenant without any liability of Landlord for damage to Tenant’s fixtures or other property or to Tenant’s business by reason thereof, and its inviteesTenant shall reimburse Landlord, licenseesas Additional Rent, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord within ten (10) business days in which to commence such repair. The fact that the of Tenant’s receipt of a written demand, for sums paid or costs incurred by in curing such failure and the late charge specified under Section 4 shall accrue from the expiration of such 10-business day period until Landlord in connection with any is reimbursed therefor. For the purpose of the foregoing are includable foregoing, if Tenant performs or permits to be performed any such alterations, additions, improvements, changes, affixations, or other work in Common Area Operating Costs pursuant to Subsection 3.5B shall a manner not affect consistent with Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Centerprior consent thereto, or in order such work shall be deemed to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of performed without Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesconsent.

Repairs by Landlord. Tenant, by taking possession of the Premises as of the Delivery Date, shall accept and shall be held to have accepted the Premises as suitable for the use intended by this Lease. In no event shall Tenant be entitled to compensation or any other damages or any other remedy against Landlord in the event the Premises are not deemed suitable for Tenant’s use. Landlord shall keep not be required, after possession of the Premises has been delivered to Tenant, to make any repairs or improvements to the Premises. Subject to reimbursement in accordance with Section 7 above, except for damage caused by casualty and condemnation (which shall be governed by Section 23 and 24 below), and subject to normal wear and tear, Landlord shall maintain and repair only the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, foundationsall of which shall be the responsibility of Tenant), downspouts, gutters the roof and roofs other structural components of the buildingsPremises and the common areas of the Property and keep them in good condition, reasonable wear and tear excepted. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Tenant gives such written notice to Landlord. Tenant waives the plumbingbenefit of any present of future law including, electrical without limitation, California Civil Code Sections 1932, 1941 and other utility system serving but 1942 as amended or recodified from time to time, which are located outside might give Tenant the right to terminate this Lease because of the Premises, condition of the Premises or Landlord’s failure to keep the Premises in good order, condition and or repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt make repairs at the supply expense of Landlord or in lieu thereof to vacate the Premises. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation cost of the heating and air conditioning systemmaintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, if anyofficer, until said repairsemployee, alterations contractor, licensee or improvements shall have been completed. If, as a result invitee of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled repaired by Landlord at Tenant’s expense and Tenant shall pay to an abatement Landlord, upon billing by Landlord, as additional rent, the cost of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesrepairs incurred by Landlord.

Repairs by Landlord. Landlord shall keep the exterior wallsPremises, foundations, downspouts, gutters and roofs of the buildings, Common Area and the Building and all machinery, equipment, fixtures and systems of every kind attached to, or used in connection with the operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, electrical cleaning, refrigeration, ventilating, air conditioning and other utility system serving but which are located outside of the Premises, in good order, condition elevator systems and repair and shall make necessary structural repairs to the exterior walls of the buildings equipment (excluding, however, repairs to windowslines, doorsimprovements, saddlessystems and machinery for water, plate glassgas, store fronts steam and air conditioning electricity owned and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused maintained by any act, omission public utility company or negligence of Tenant governmental agency or body) in good order and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection consistent with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating Building as a first-class office building. Landlord, at its expense, shall make all repairs and air conditioning systemreplacements necessary to comply with its obligations set forth in the immediately preceding sentence, if anyexcept for (a) repairs required to be made by Tenant pursuant to Section 8, until said repairsand (b) repairs caused by the willful misconduct of Tenant, alterations or improvements its agents, employees, invitees and guests, which repairs shall have been completed. Ifbe made by Landlord at the cost of Tenant, and for which Tenant shall pay promptly, as a result of Landlord's performance Additional Rent, within thirty (30) days of its obligations or exercise receipt of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in written invoice setting forth the Premises and Tenant therefor closes for more cost of such repairs. No later than three two (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd2) business day during which the condition continuesdays after notice from Tenant, Landlord shall commence all such repairs and replacements and thereafter continue to complete such repairs and replacements with due diligence. Other than the aforesaidExcept as expressly set forth herein, there shall be no abatement in rents due and payable hereunder and no liability on the part of Rent because Landlord by reason of any such interruption inconvenience or suspension; howeverannoyance arising from Landlord’s making repairs, Landlord shall pursue such work additions or improvements to the Building in accordance with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisesits obligations hereunder.

Repairs by Landlord. Except as otherwise provided in this Lease (including without limitation the provisions of Section 10.02 hereof) and except for ordinary wear and tear, Landlord shall keep covenants to keep, maintain, manage and operate the Common Areas in a manner comparable with the operation of other first-class office buildings in Xxxxxxxxxx County, Maryland of a similar size, location and age to the Building. Subject to the terms of this Lease, Landlord agrees to maintain the roof, the exterior walls, foundations, downspouts, gutters and roofs structural portions of the buildingsBuilding, and the plumbingcentral or base Building mechanical, electrical and other utility system serving but which are located outside plumbing systems and vertical sprinkler main (specifically excluding any supplemental HVAC system, horizontal distribution portion of the sprinkler system or any other system exclusively servicing the Leased Premises) in a manner that is comparable to other first-class office buildings in Xxxxxxxxxx County, Maryland of a similar size, location and age. If any such repairs are necessitated by Tenant's breach of this Lease, or by any act or omission of Tenant, its agents, employees, assigns, concessionaires, contractors or invitees, Tenant shall reimburse to Landlord the reasonable cost incurred in good order, condition completing such repairs. Nothing herein shall diminish Tenant's responsibility to maintain and repair and shall make necessary structural repairs any special Tenant equipment, including but not limited to the exterior walls of the buildings (excludingany special fire protection equipment, however, repairs to windows, doors, saddles, plate glass, store fronts kitchen equipment and air conditioning equipment serving and heating installations specially installed for the Leased Premises. If (i) Tenant notifies Landlord (at the number and wiring, pipes and other utility installations located outside in the manner designated by Landlord to Tenant) that the repair of the Premises an item for which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such is responsible hereunder requires immediate repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10ii) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the PremisesLeased Premises will be materially impaired until such repair is undertaken, and (iii) the repair of such item is within Landlord's reasonable control to undertake, then Landlord shall use good faith efforts to generally respond to any such requests by Tenant for such repair and commence such repair within twelve (12) hours of such notification; provided, however, that Landlord's failure to respond or commence such repairs as set forth above shall not be a breach, violation or default under this Lease.

Repairs by Landlord. Landlord shall keep Xxxxxxxx agrees to make all necessary repairs or alterations to the exterior wallsfoundation, foundations, downspouts, gutters roof and roofs structural parts of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excludingPremises. Notwithstanding the foregoing, howeverif any of said repairs or alterations shall be made necessary by reason of repairs, repairs to windowsinstallations, doorsalternations, saddlesadditions or improvements made by Tenant or anyone claiming under or through Tenant, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside by reason of the Premises default, negligence, fault, or willful misconduct of such party, or by reason of a default in the performance or observance of any agreements, conditions or other provisions on the part of the Tenant to be performed or observed, or by reason of any special use to which are used exclusively by Tenant), the dividing walls between the Premises and space occupied may be put, Tenant shall be liable for the cost of all such repairs or to alterations as may be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that necessary. Landlord shall not be obligated hereby deemed to do any work required to be done because have committed a breach of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order obligation to make any repairs or alterations or improvements perform any other act unless (a) it shall have made such repairs of alterations or performed such other act negligently, or (b) it shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and Landlord shall have failed to make such repairs or alterations or performed such other act within a reasonable time after the receipt of such notice; and in or relating the latter event Landlord's liability shall be limited to the Premises or to other portions cost of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises making such repairs of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completedperforming such other act. IfAs used in this Lease, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use expression "exterior walls of the Premises" does not include glass, windows, doors or door frame, or window sashes or frames. Landlord shall make all necessary repairs to the common areas and shall maintain such common areas (except sidewalks abutting the Premises) reasonably clear of litter and shall perform snow handling to the extent required for business operations of the Building. The provisions of this Paragraph shall not apply in the case of damage or destruction by fire or other casualty or by eminent domain, in which events the obligations of Landlord shall be controlled by paragraph 18 hereof.

Repairs by Landlord. Landlord shall keep Xxxxxxxx agrees to make all necessary repairs or alterations to the exterior wallsfoundation, foundations, downspouts, gutters roof and roofs structural parts of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excludingPremises. Notwithstanding the foregoing, howeverif any of said repairs or alterations shall be made necessary by reason of repairs, repairs to windowsinstallations, doorsalterations, saddlesadditions or improvements made by Tenant or anyone claiming under or through Tenant, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside by reason of the Premises default, negligence, fault, or willful misconduct of such party, or by reason of a default in the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed, or by reason of any special use to which are used exclusively by Tenant), the dividing walls between the Premises and space occupied may be put, Tenant shall be liable for the cost of all such repairs or to alterations as may be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that necessary. Landlord shall not be obligated hereby deemed to do any work required to be done because have committed a breach of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order obligation to make any repairs or alterations or improvements perform any other act unless (a) it shall have made such repairs or alterations or performed such other act negligently, or (b) it shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and Landlord shall have failed to make such repairs or alterations or performed such other act within a reasonable time after the receipt of such notice; and in or relating the latter event Landlord's liability shall be limited to the Premises cost of making such repairs or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completedperforming such other act. IfAs used in this Lease, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use expression "exterior walls of the Premises" does not include glass, windows, doors or door frames, or window sashes or frames. Landlord shall make all necessary repairs to the common areas and shall maintain such common areas (except sidewalks abutting the Premises) reasonably clear of litter and shall perform snow handling to the extent required for business operations of the Building. The provisions of this Paragraph shall not apply in the case of damage or destruction by fire or other casualty or by eminent domain, in which events the obligations of Landlord shall be controlled by Paragraph 18 hereof.

Repairs by Landlord. Subject to the terms and conditions set forth in Articles XI, XII and Sections 4.6 and 17.16, Landlord shall keep make, or cause to be made all necessary repairs (structural or otherwise) to the exterior wallsCommon Areas (excluding, foundationshowever, downspouts, gutters and roofs any areas any tenant or any other occupant of the buildingsShopping Center is obligated to repair), and the plumbing, electrical and other utility system serving but which are located outside provided Landlord has actual knowledge of the Premisesnecessity for such repair. Provided Tenant is not in default under the Lease, in good order, condition and repair and Landlord shall make or cause to be made, necessary structural repairs to the Leased Premises, including the exterior walls walls, roof, structural floor and foundations of the buildings Leased Premises (excludingcollectively, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant"Structural Repairs"), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual received from Tenant written notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant Structural Repairs (except that the same is necessary, which noticeforegoing does not in any way relieve Tenant from any responsibility to pay its prorata share of Landlord's Operating Costs as provided in this Lease), except to the extent that such Structural Repairs are (a) to the storefront of the Leased Premises, (b) necessitated by any act or omission of Tenant, or Tenant's agents, employees, or contractors, (c) necessitated by reason of Tenant's specific use of the Leased Premises or the particular configuration of the Leasehold Improvements within the Leased Premises, (d) necessitated by any improvement, alteration, change or addition to the Leased Premises performed by or at the direction of Tenant, (e) to any improvement, alteration, change or addition to the Leased Premises performed by or at the direction of Tenant, or (f) required of Tenant in case its capacity as an employer, in any of any emergencywhich cases, such Structural Repairs shall be performed at Tenant's sole cost and expense and, at Landlord's option, shall be in writing and shall allow Landlord ten (10) days in which to commence such repairperformed by Tenant. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating Notwithstanding anything contained herein to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business dayscontrary, Tenant shall be entitled to an abatement of Fixed Rent for each day after maintain, repair and replace the third (3rd) business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use following elements of the storefront during the Term of the Lease, storefront glazing system consisting of glass, mullions, doors, frames and hardware and other non-structural vertical construction and finishes occurring at the storefront lease line of the Leased Premises.

Repairs by Landlord. Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs have no duty to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord ten (10) days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsection 3.5B shall not affect Landlord's performance obligations under this Section 5.1. When necessary by reason of accident or other cause occurring in the Premises or elsewhere in the Shopping Center, or in order to make any repairs or alterations improvements to the interior of the Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by the gross negligence of Tenant, its agents, employees or improvements invitees. Landlord shall not be liable for any damage caused to the person or property of Tenant, its agents, employees or invitees, due to the Property or the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of water or sewer, or from electricity, or from any other cause whatsoever unless due to the gross negligence or willful misconduct of Landlord. Tenant agrees to report immediately in writing to Landlord any defective condition in or relating about the Premises known to Tenant which Landlord is required to repair. If the failure to so report is due to the gross negligence of Tenant, then Tenant shall be liable to Landlord for any expense, damage or liability resulting from such defects. Landlord shall not be liable for failure to furnish or for suspension or delay in furnishing such services due to breakdown, maintenance, or repair work, strike, riot, civil commotion, governmental action or any other cause beyond the reasonable control of Landlord, or for interruptions of service for reasonable periods in connection with construction work being performed in the Building. Landlord hereby reserves the exclusive right at any time and from time to time to install, use, repair, inspect and replace pipes, ducts conduits and wires leading through or located adjacent to the Premises or to and serving other portions parts of the Shopping CenterBuilding in locations which do not materially interfere with Tenant’s use thereof. Landlord’s right hereunder may be exercised by Landlord’s designees. Tenant acknowledges and agrees that, from time to time, it will be necessary for Landlord reserves the right to temporarily interrupt the supply electrical or other utility service to the Premises of steamin order to perform maintenance and repair service on the utility systems serving the Property, condenser water or cooled air for air conditioning, electricity, water and gas and also in connection with supplying such utility service to suspend the operation new or existing tenants of the heating Property. Landlord will give Tenant reasonable advance notice of any such interruptions in service (except any interruptions due to emergencies) and air conditioning system, if any, until said repairs, alterations will use commercially reasonable efforts to minimize the interruption of Tenant’s business as a result of such interruptions. If electric service or improvements shall have been completed. If, other utilities serving the Premises are interrupted (i) as a result of Landlord's performance ’s negligence for a period in excess of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than three (3) consecutive business days, Tenant or (ii) for any reason not caused by the negligence of Landlord for a period in excess of seven (7) consecutive business days, then Base Rent shall be entitled to an abatement of Fixed Rent for each day equitably abated after the third expiration of each interruption period as set forth in subparagraphs (3rdi) and (ii) above to the extent Tenant is not able to reasonably conduct its normal business day during which in the condition continues. Other than Premises; provided, however, that to the aforesaidextent Tenant has business interruption insurance, there Tenant warrants that it will make a claim thereunder and any insurance recovery shall be no abatement paid to Landlord by Tenant in satisfaction of Base Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premisestheretofore abated.”