Common use of Repairs by Landlord Clause in Contracts

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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. Landlord shall keep the roofTenant, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components by taking possession of the Building in a good state Premises as of repairthe Delivery Date, shall accept and shall accomplish such repairs be held to have accepted the Premises 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, suitable for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord use intended by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment thereinthis 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 not be liable 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, all of which shall be the responsibility of Tenant), the roof and other structural components of the Premises 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 damage maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the Leased Premises maintenance or for any lossmake the repair, 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. and Landlord shall not be liable for any loss failure to do so unless such failure continues for an unreasonable time after Tenant gives such written notice to Landlord. Tenant waives the benefit of any present of future law including, without limitation, California Civil Code Sections 1932, 1941 and 1942 as amended or recodified from time to time, which might give Tenant the right to terminate this Lease because of the condition of the Premises or Landlord’s failure to keep the Premises in good order, condition or repair or the right to make repairs at the 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 cost of the maintenance or repair. Any damage to any person or property sustained part of the Property for which Landlord is responsible that is caused by Tenant or any other personsagent, which may officer, employee, contractor, licensee or invitee of Tenant shall be caused repaired by theftLandlord at Tenant’s expense and Tenant shall pay to Landlord, or upon billing by any act or neglect Landlord, as additional rent, the cost of any tenant or occupant of the Project, or of any other third partiessuch repairs incurred by Landlord.

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 have knowledge) (a) all structural portions of the Building (whether located within or outside of the Premises), such as, by way of example only, the roof, foundation, footings, exterior walls, exterior building windowsload-bearing columns, public corridorsfloor slabs, equipment used in common with other tenants windows and sashes, (b) all Building Common Areas to the extent such as elevatorsareas serve or affect the Premises or Tenant's use of, or 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 the extent such areas serve or affect the Premises or Tenant's use of the Premises and the Building Common Areas, including the plumbing, heatingsanitary, air-conditioning electrical, mechanical, fire protection, life safety and similar equipment) and the structural components sprinkler systems of the Building and the HVAC System, in each case through the Term. Tenant agrees to deliver a good state Notice to Landlord of repair, and shall accomplish such the necessity of repairs as of which Tenant may have knowledge for which Landlord may be needed within fifteen (15) days after receipt responsible under the provisions 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereofpreceding sentence. Except as otherwise specifically expressly provided in Sections 15 or 18 belowherein, (i) there shall be no abatement of rent and no liability of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the Landlord or others making of any repairs, alterations or improvements repairs in or to any portion of the Leased Building or the Premises or building of which in and to the Leased Premises are a part, or in or to fixtures, appurtenances and or equipment therein. In no event shall Landlord be liable to thereof, (ii) 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 entitled to any person setoff or property sustained reduction of rent by Tenant 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 any other persons, casualty which may be are dealt with in Article 17 hereof. B. Solely with respect to latent defects in connection with Landlord's Work (except to the extent caused by theft, or by any act or neglect omission of Tenant and/or any of its agents, employees and/or contractors), Landlord at its expense shall promptly make any necessary repairs or replacements, provided that Tenant delivers Notice to Landlord of the necessity therefor no later than twelve (12) months following the Commencement Date. Landlord at its expense shall use reasonable efforts (without being obligated to employ overtime labor in connection therewith, and subject to Tenant's Delay and/or Force Majeure) to (I) perform such repair(s), if any, in a manner that shall minimize any interference with Tenant's use and occupancy of the Premises and (II) complete such repair(s) within thirty (30) days after Landlord's receipt of such notice (except for any repair(s) which, with the exercise of reasonable due diligence, require additional time to perform or lead time to obtain). Landlord agrees that (X) promptly following the expiration of the twelve (12) month period set forth above, Landlord at its expense shall, to the extent the same are assignable, assign to Tenant all written warranties and/or guaranties which Landlord receives with respect to Landlord's Work and (Y) promptly following the written request of Tenant, Landlord at Tenant's expense shall enforce the terms of any tenant written warranties and/or guaranties with respect to Landlord's Work which are not assignable, it being agreed that any action or occupant of the Project, or of any other third partiesproceeding in connection therewith shall be conducted at Tenant's expense.

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 have knowledge) (a) all structural portions of the Building (whether located within or outside of the Premises), such as, by way of example only, the roof, foundation, footings, exterior walls, exterior building windowsload-bearing columns, public corridorsfloor slabs, equipment used in common with other tenants curtain wall, windows and sashes, (b) all Building Common Areas to the extent such as elevatorsareas 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, including the plumbing, heatingsanitary, air-conditioning electrical, mechanical, fire protection, life safety and similar equipment) and the structural components sprinkler systems of the Building and the HVAC System, in each case through the Term. Tenant agrees to deliver a good state Notice to Landlord of repair, and shall accomplish such the necessity of repairs as of which Tenant may have knowledge for which Landlord may be needed within fifteen (15) days after receipt responsible under the provisions 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereofpreceding sentence. Except as otherwise specifically expressly provided in Sections 15 or 18 belowherein, (i) there shall be no abatement of rent and no liability of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the Landlord or others making of any repairs, alterations or improvements repairs in or to any portion of the Leased Building or the Premises or building of which in and to the Leased Premises are a part, or in or to fixtures, appurtenances and or equipment therein. In no event shall Landlord be liable to thereof, (ii) 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 entitled to any person setoff or property sustained reduction of rent by Tenant or any other persons, which may be caused by theft, or by any act or neglect reason of any tenant 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 occupant of the Project, or of any other third partiescasualty which are dealt with in Article 17 hereof.

Repairs by Landlord. Landlord shall agrees to keep in good repair the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants roof (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components drainage system therefor), foundations and exterior walls of the Building Premises (exclusive of all exterior doors), HVAC systems (subject to terms of the HVAC Expense Cap set forth in a good state of repairSection 11.B hereof), and utility equipment and underground sewer pipes outside the exterior walls of the Premises, except repairs rendered necessary by the negligence of Tenant or its employees, agents or contractors. Tenant shall accomplish promptly report in writing to Landlord 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 same from Tenant (or such repairs earlier time as may be needed reasonably required in the event of an emergency repair (as such term is defined hereinbelow)) or if due to the nature of the repair, the same cannot be completed within fifteen thirty (1530) days after receipt days, then such additional time as required to complete the same so long as Landlord has commenced the repairs within said thirty (30) day period and is diligently 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, it shall be an Event of written notice Default by Landlord and Tenant shall have the right, in addition to any other right or remedy available to Tenant, to make such non-structural repairs within the Premises that do not affect other occupants of the Shopping Center and to be reimbursed by Landlord for such commercially reasonable and substantiated costs thereof, including through offset against future rent amounts owed hereunder for Rent from Tenant (except in emergencies or cases of urgent necessity (when such repairs to Landlord. As used herein, the term "emergency repair" shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrarymean any repair which, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenantif not immediately repaired, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 would pose imminent harm or injury to any property therein Tenant or thereon resulting its employees or invitees or prevents Tenant 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 being able to open and operate for business 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 Premises (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 partiesportion thereof).

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used and maintain in common with other tenants (such as elevators, plumbing, heating, air-conditioning good working order and similar equipment) and the structural components of the Building in a good state of repair, and shall accomplish make such improvements, repairs or replacements as may are necessary or appropriate to, the exterior walls, all structural components and elements of the Project, 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 all facilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air conditioning, life safety and elevators) required to be needed within fifteen (15) days after receipt of written notice from Tenant (except provided by Landlord pursuant to this Lease, all at such times, in emergencies or cases of urgent necessity (when such repairs shall be commenced immediately) manner and to such longer time extent as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)standard in Comparable Buildings. Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any All repairs, alterations or improvements in additions that affect the Project's structural components or to any portion of the Leased Premises or building of which the Leased Premises are a partmajor mechanical, electrical, or plumbing systems shall be made by Landlord or its contractors only, and, in or to fixtures, appurtenances and equipment therein. In no event shall Landlord be liable to Tenant for the case of any damage to the Leased Premises such components or for any losssystems caused by Tenant or Tenant's agents, damage or injury to any property therein or thereon resulting from acts by other third parties or occasioned by fire; explosion; falling plaster; the breakingcontractors, burstingcustomers, stoppage or leaking of wateremployees, gasinvitees, sewerlicensees, electrical cables, wires or steam pipes; or from water, rainservants, or other substances leaking or coming from the roofvisitors, streetshall be paid for by Tenant in an amount equal to Landlord's cost plus six percent (6%) for overhead. Unless otherwise provided in this Lease, subsurface or from any other place or from dampness or from any similar risks or causes. Landlord shall not be liable for required to make any loss improvements to or damage repairs of any kind or character to any person or property sustained by Tenant the Premises during the Term or any other personsextensions or renewals thereof, except such repairs to Building 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 at Tenant's expense, at a cost or charge equal to Landlord's costs (net of savings effected by not having to maintain, repair or replace Building Standard improvements), which may costs shall be caused by theftpayable within thirty (30) days after demand. Notwithstanding the foregoing, or by any act or neglect Landlord shall be responsible for the repair, at its expense, of any tenant or occupant of structural and/or latent defects in the ProjectBuilding and, or of any other third partiesif Landlord constructed them, the Initial Tenant Improvements.

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 make, or cause to be made all necessary repairs (structural or otherwise) to the roofCommon Areas (excluding, exterior wallshowever, exterior building windows, public corridors, equipment used in common with any areas any tenant or any other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipmentoccupant of the Shopping Center is obligated to repair) and (except as otherwise specified in this Lease) to the structural components of the Building in a good state Shopping Center (except for structural components which any tenant or any other occupant of the Shopping Center is obligated to repair) including the roof, load-bearing walls, and exterior finishes on load bearing walls (but not interior finishes which shall accomplish such repairs as may be needed within fifteen the responsibility of the tenants), foundations and structural floors serving the Leased Premises, structural components of the storefronts (15but not non- structural components of the storefronts including storefront glazing consisting of glass, mullions, doors and frames and any other non-structural components and finishes) days after receipt of written notice from Tenant and water, sewer and other utility lines, ducts and conduits serving the Shopping Center and the Leases Premises (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 problem provided the remedy has begun and Landlord is diligently prosecuting extent the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access to the Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in exclusively serve the Leased Premises or Building specifically for 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 would have been Landlord's responsibility pursuant to the foregoing, such structural repairs shall be performed at Tenant's sole cost and expense and, at Landlord's option, shall be performed by Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If to the extent such structural repairs are (a) subject to the provisions of Section 8.7, necessitated by the negligence or intentional misconduct of Tenant, its employees, agents or contractors, or (b) required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion specific use of the Leased Premises or building the particular configuration of which the Leased Premises are a partTenant Improvements, or in (c) necessitated by or to fixturesor in connection with any improvement, appurtenances and equipment therein. In no event shall Landlord be liable to Tenant for any damage alteration, change or addition to the Leased Premises performed by 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; at the breaking, bursting, stoppage or leaking direction of water, gas, sewer, electrical cables, wires or steam pipes; or from water, rainTenant, or other substances leaking any repair or coming from the roof, street, subsurface replacement 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, maintenance which may be caused by theftis Tenant's obligation under this Lease, or by any act or neglect (d) required of any tenant or occupant of the Project, or of any other third partiesTenant in its capacity as an employer.

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation duty to repair Tenant to make any latent defects (i) capable repairs or improvements to the interior of detection in the ordinary course Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by the gross negligence of Tenant's business and first detected more than one (1) year after the Commencement Date , its agents, employees or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 causesinvitees. Landlord shall not be liable for any loss or damage caused to any the person or property sustained by 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 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 personscause 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 and serving other parts of the Building 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 to temporarily interrupt the electrical or other utility service to the Premises in order to perform maintenance and repair service on the utility systems serving the Property, or in connection with supplying such utility service to new or existing tenants of the Property. Landlord will give Tenant reasonable advance notice of any such interruptions in service (except any interruptions due to emergencies) and will use commercially reasonable efforts to minimize the interruption of Tenant’s business as a result of such interruptions. If electric service or other utilities serving the Premises are interrupted (i) as a result of Landlord’s negligence for a period in excess of three (3) consecutive business days, or (ii) for any reason not caused by theftthe negligence of Landlord for a period in excess of seven (7) consecutive business days, or then Base Rent shall be equitably abated after the expiration of each interruption period as set forth in subparagraphs (i) and (ii) above to the extent Tenant is not able to reasonably conduct its normal business in the Premises; provided, however, that to the extent Tenant has business interruption insurance, Tenant warrants that it will make a claim thereunder and any insurance recovery shall be paid to Landlord by any act or neglect Tenant in satisfaction of any tenant or occupant of the Project, or of any other third partiesBase Rent theretofore abated.”

Repairs by Landlord. During the Term, Landlord shall keep the roofperform diligently, exterior wallspromptly and in a good and workmanlike manner in compliance with all applicable Legal Requirements, exterior building windowsall maintenance, public corridors, equipment used in common with other tenants repairs and replacements to (such as elevators, plumbing, heating, air-conditioning and similar equipmenti) and the structural components of the Building, including without limitation the roof, roofing system, exterior walls, bearing walls, support beams, foundations, columns, exterior doors and windows and lateral support to the Building; (ii) use diligent efforts to assure watertightness of the Building in a good state and the Premises (including caulking of repairthe 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 mechanical lines and equipment associated therewith, including without limitation elevators; (iv) the parking lots, garages, and common areas of the Project 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 accomplish be paid for solely by Tenant in an amount equal to Landlord’s costs plus fifteen percent (15%) for administrative cost recovery. Landlord shall make such repairs to Building Standard improvements as may be needed within deemed necessary by Landlord for normal maintenance operations and Landlord shall not otherwise be obligated to make improvements to, or repairs of, the Premises except as expressly required hereunder; provided, however, Landlord shall, at Tenant’s expense, make such additional improvements to, or repairs of, the Premises as Tenant shall request in writing, at a cost equal to the costs incurred by Landlord in such maintenance or such repairs, plus an additional charge of fifteen percent (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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)for administrative cost recovery. Notwithstanding anything herein to the contrary, in the event that repairs 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 remediate same and if Landlord fails to remediate such condition or complete such remediation in the time period(s) set forth above, then Tenant shall have no obligation the right to repair any latent defects (i) capable terminate this lease, such termination to be effective upon delivery of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability written notice thereof to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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. 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, exterior building windows, public corridorsand doors not within or entering into the Leased Premises), equipment used in common with foundation and other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components elements of the Building in a good state of repairand Parking Facility, 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access Base Building Systems, and (iii) driveways, curbs, signs (except to the Premises. Nothing herein extent provided to the contrary in Section 3.5), landscaping and exterior areas (including painting and striping of parking areas), shall diminish Tenantbe Landlord's obligation to maintain and repair any special equipment installed in the Leased Premises shall be performed at Landlord's election either by Landlord or Building specifically for Tenantits designee under Landlord's supervision, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay and Landlord, as additional rentor Landlord's designee (which may be the party entitled or designated under the REA to perform such maintenance within the Complex); provided, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 belowhowever, there shall be no abatement of rent and no liability of Landlord by reason of any injury that subject to or interference with Tenant's business arising from the making of any repairsSection 6.7 hereof, alterations or improvements in or to any portion of the Leased 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 if any damage to the Leased Premises Project or Adjacent Garage is caused by Tenant or Tenant's agents, contractors or employees, and 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, the payment to Landlord of a cost recovery fee in accordance with Exhibit K), Tenant shall be obligated to pay Landlord the amount by which the aforementioned reasonable costs exceed the proceeds (if any) of the insurance carried by Landlord pursuant to the terms of this Lease. Notwithstanding the foregoing, those items in Exhibit C-1 to be installed at Tenant's expense shall also be maintained and repaired by Landlord at Tenant's expense. Except for any lossthe foregoing, 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 otherwise be liable for any loss or damage obligated to any person or property sustained by Tenant or any other persons, which may be caused by theftmake improvements to, or by any act or neglect of any tenant or occupant of repairs of, the ProjectLeased Premises; provided, however, Landlord, or of any other third parties.Landlord's designee, may make such improvements to, or repairs of, the Leased Premises as Tenant shall request in writing, at Tenant's sole expense, at a cost equal to the costs incurred by Landlord for such improvements, maintenance or repairs, plus a fee to Landlord for administrative cost recovery in accordance with Exhibit K.

Repairs by Landlord. 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 vicinity of the Premises) the roof (including the roof membrane, gutters, and downspouts), and all structural elements of the Premises, including but not limited to, foundation, the floor slab (excluding the surface), and exterior walls (exclusive of painting, glass and exterior doors), and all underground portions of all Building Systems. Tenant shall promptly notify Landlord of the need for any repairs which are Landlord’s responsibility hereunder. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components be under no duty to make any repairs hereunder unless Landlord receives notice of the Building in a good state of repair, and shall accomplish need for such repairs or of which Landlord has actual notice. In an emergency, or if Landlord fails to begin repairs or maintenance as may be needed to an item that is Landlord’s responsibility as described by this Paragraph 10, within fifteen ten (1510) days after receipt following written request from Tenant (or in the case of material roof leaks, following 24-hours 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completionTenant). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlordmay make the repairs and, as additional rentonly after providing Landlord with written proof of payment and lien waivers, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 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 amount not exceeding twenty-five percent (25%) of any tenant or occupant each installment of the Project, or of any other third partiesmonthly Rent.

Repairs by Landlord. Except as set forth in Section 12 above, Landlord shall keep the roofmake all structural repairs, exterior wallsincluding, exterior building windowsbut not limited to, public corridorsstructural columns and floors (excluding floor coverings, equipment used in common with other tenants (such as elevatorscarpet and floor tile) of the Premises, plumbingthe roof and roof membrane of the Building, heating, air-conditioning the load bearing and similar equipment) and the structural components exterior walls of the Building in a good state of repair(excluding glass), foundation, floor slab, footings and shall accomplish such repairs as may be needed within fifteen (15) days after receipt of underground utilities, provided Tenant gives Landlord written notice from Tenant 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 comply with all of its obligations hereunder (except in emergencies including, without limitation, this Section 13 and Section 11(g) above), twenty percent (20%) or cases more of urgent necessity (when such repairs the rentable floor area of the Building shall be commenced immediately) rendered untenantable, the Annual Rent and Additional Rent shall be abated proportionally as to the portion of the Premises rendered untenantable while it is untenantable, except such longer time as is reasonably abatement shall not apply to the extent of any business interruption insurance required to adequately remedy the problem be maintained by Tenant under Section 21. Except as provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contraryherein, Landlord shall have no obligation liability to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any inconvenience, annoyance, interruption, or injury to or interference with Tenant's business arising from the making of any repairsrepairs or changes which Landlord is required or permitted by this Lease to make, alterations or improvements by any other tenant's lease or required by law to make in or to any portion of the Leased Premises Premises, Building or building Common Areas. If, without Landlord's prior consent, Tenant performs or permits to be performed any alterations, additions, improvements, changes, affixations 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, rainchattels, or other substances leaking work which affects the structural portions of the Premises and/or the roof of the Building or coming 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 roofmaintenance, streetrepair, subsurface and replacement of any or from any 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 place remedies under this Lease, at law or from dampness or from any similar risks or causes. Landlord in equity, may (but shall not be liable obligated to do so) cure such failure on behalf of Tenant without any liability of Landlord for any loss or 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 ten (10) business days of Tenant’s receipt of a written demand, for sums paid or costs incurred 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 is reimbursed therefor. For the purpose of the foregoing, if Tenant performs or permits to be performed any person or property sustained by Tenant or any other personssuch alterations, which may be caused by theftadditions, improvements, changes, affixations, or by any act or neglect of any tenant or occupant of the Projectother work in a manner not consistent with Landlord's prior consent thereto, or of any other third partiessuch work shall be deemed to have been performed without Landlord's consent.

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 roofCommon Areas (excluding, however, any areas any tenant or any other occupant of the Shopping Center is obligated to repair), provided Landlord has actual knowledge of the necessity for such repair. Provided Tenant is not in default under the Lease, Landlord shall make or cause to be made, necessary structural repairs to the Leased Premises, including the exterior walls, exterior building windowsroof, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning structural floor and similar equipment) and the structural components foundations of the Building in a good state of repairLeased Premises (collectively, and shall accomplish such repairs as may be needed within fifteen (15) days after receipt of "Structural Repairs"), provided Landlord has received from Tenant written notice from Tenant of the necessity for such Structural Repairs (except that the foregoing does not in emergencies 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 cases omission of urgent necessity Tenant, or Tenant's agents, employees, or contractors, (when 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 its capacity as an employer, in any of which cases, such repairs Structural Repairs shall be commenced immediately) performed at Tenant's sole cost and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)expense and, at Landlord's option, shall be performed by Tenant. Notwithstanding anything contained herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlordmaintain, as additional rentrepair and replace the following elements of the storefront during the Term of the Lease, for storefront glazing system consisting of glass, mullions, doors, frames and hardware and other non-structural vertical construction and finishes occurring at the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion storefront lease line of the Leased 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 partiesPremises.

Repairs by Landlord. Subject to Article 21 hereof, Landlord shall keep maintain or cause to be maintained in good condition and repair the roof, exterior walls, exterior building windows, public corridorsdoors, equipment used in common with other tenants (such as elevatorsstructural portions of the exterior and interior of the Building, the mechanical, electrical, plumbing, lighting, heating, air-conditioning air conditioning, curtain wall, vertical transportation, security, fire protection and similar life safety systems and materials, the Tenant Improvements (excluding any trade fixtures, equipment) , furniture and other personal property of Tenant), the Project Common Areas, the Foundry Park II Common Areas (in addition to the requirements set forth in Article 57.1.6), and the structural components Building Parking Facilities all in accordance with the Building Standard Services attached hereto as Exhibit E and first class standards of professional property management at least equivalent to the standards maintained in similar first class office buildings in Richmond, Virginia. Subject to the waivers of subrogation set forth in Article 17, the cost of such maintenance and repairs shall be (i) at Tenant’s sole cost and expense as to repairs caused by the negligence of Tenant or its agents, contractors, employees or invitees; (ii) included in Operating Expenses to the extent permissible under Article 9.2 hereof, except as provided in Article 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 compliance with all applicable local, state and 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 agrees as part of its repair obligations hereunder, and at no additional cost to Tenant, to promptly correct any and all conditions in violation of the foregoing and to remediate any mold or other harmful substance or material that may be found in the Building at any time during the Term; provided, however, that to the extent Tenant or 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 cause of such mold, or other harmful substance or material due to such party’s negligent act or omission or improper use of the Building in a good state systems contrary to their design, then the cost 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 remediation shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of born by Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 use good faith and commercially reasonable efforts to refrain from performing maintenance, repair, replacement or damage to any person renewal activities that generate substantial odors or property sustained by Tenant noxious chemicals or any other persons, which may be caused by theft, fumes in the Building or by any act or neglect of any tenant or occupant within twenty-five (25) feet of the Projectoutdoor air intakes of the HVAC system, or of any other third partiesduring Building Operating Hours.

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein Subject to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable terms of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenantthis Lease, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 10.2 and 11.3 below, there Landlord shall be no abatement of rent make all repairs to the Common Areas and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 structural repairs to the Leased Premises or for and to the buildings composing the Shopping Center. In the event any loss, damage or injury to any property therein or thereon resulting from acts such repairs are necessitated by other third parties or occasioned by fire; explosion; falling plaster; the breaking, bursting, stoppage or leaking Tenant's breach 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 theftthis Lease, or by any act or neglect negligence of Tenant, its agents, employees, assigns, concessionaires, contractors or invitees, Tenant shall reimburse to Landlord, as Additional Rent, the reasonable cost incurred in completing such repairs. 1. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated hereunder to make any structural alterations or modifications to the Leased Premises where such structural alterations or modifications are required of the Shopping Center in general and not directed specifically to the type of business being conducted by Tenant at the Leased Premises. To the extent Tenant is not obligated to make said structural alterations or modifications, Landlord shall promptly make them at Landlord's sole cost and expense. In any event, Tenant shall be solely responsible for compliance with The Americans with Disabilities Act of 1990 (the "ADA") within the Leased Premises including, but not limited to, the storefront, entrances and doors, and Landlord shall be solely responsible for compliance with the ADA in the Common Areas of the Shopping Center. However, nothing contained herein shall negate Landlord's or Tenant's right to challenge any such ADA compliance requirement in administrative and/or judicial proceedings. Notwithstanding anything to the contrary contained herein, Landlord will, at its expense, subject to reimbursement to Landlord as part of Landlord's Operating Costs, keep the roof, downspouts, gutters, exterior walls (excluding doors, storefront, windows and glass), the structural concrete floor of the Leased Premises (excluding floor coverings, such as carpeting, terrazzo and other special flooring), and sprinkler mains and utility pipes, conduits, ducts, meters and lines outside of and not exclusively serving the Leased Premises in good repair. Landlord shall not be obligated to make any such repairs unless Tenant shall have given Landlord written notice of the necessity for such repairs. Furthermore, Landlord shall not be liable to Tenant for damages of any tenant or occupant kind unless Landlord shall have failed to make such repairs within thirty (30) days after receiving notice from Tenant of the Projectneed for such repairs (or if such repair is of such a nature that it cannot reasonably be cured within thirty (30) days and Landlord has failed to commence such cure within said thirty (30) days and diligently pursue said cure to its completion), provided that any damage arising therefrom shall not have been caused by the negligent or willful act or omission of Tenant, its concessionaires, officers, employees, licensees or contractors (in which event Tenant shall be responsible therefor) or have been caused by any of the items Tenant is required to maintain and repair under this Lease. Landlord shall be under no liability for repair, maintenance, alteration or any other action with respect to the Leased Premises or any part thereof, or any plumbing, electrical, or other mechanical installations therein, except as may be expressly set out in this Lease. If Landlord shall fail to commence the making of such repairs or the performance of such maintenance as it is obligated to do under Section 10.1. hereof within thirty (30) days after notice from Tenant (except if an emergency situation exists and the immediate curing of such breach or failure is necessary to protect the Leased Premises, property located therein, or persons from imminent injury or damage, the thirty (30) days grace period shall be reduced to twenty-four (24) hours after written notice), Tenant's sole right and remedy for such failure shall be, after further notice to Landlord of its intention so to do, to cause such repairs to be made or maintenance to be performed and to make a claim against Landlord for the reasonable cost thereof (but not to withhold Rent on account of such costs). Landlord hereby agrees to reimburse to Tenant the reasonable and actual cost of such repairs within thirty (30) days after receipt from Tenant of a statement of its reasonable repair expenses together with evidence (e.g. paid invoices) supporting said expenses. In no event, however, shall Tenant have the right to perform any of Landlord's obligations in regard to the Common Areas or to any premises other third partiesthe Leased Premises.

Repairs by Landlord. Landlord shall keep repair and maintain the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) Common Areas and the structural components portions of the Project, including the Building in a good state Standard plumbing (exclusive of repairtenant kitchens and coffee bars), HVAC and electrical systems installed or furnished by Landlord, and all areas of the Project for the common non-exclusive use of all tenants in the Project, unless such maintenance and repairs are caused in part (and then only as to such part) or in whole by the act, 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 be made by Tenant. Landlord shall accomplish not be liable for any failure to make such repairs as may be needed within fifteen (15) days or to perform any maintenance unless such failure shall persist for an unreasonable time after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when the need of such repairs shall be commenced immediately) and such longer time as or maintenance is reasonably required given to adequately remedy the problem provided the remedy has begun Landlord by Tenant and Landlord is diligently prosecuting the same has failed to completion)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. Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair not be liable for any latent defects (i) capable damages, compensation or claim for loss of detection in the ordinary course use of Tenant's business and first detected more than one (1) year after the Commencement Date whole or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access to any part of the Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises or Building specifically for Tenant’s personal property, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason inconvenience, loss of Tenant's acts business, or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business annoyance arising from any such repair and/or maintenance performed by Landlord hereunder, except for damage resulting from Landlord’s, its agent’s, contractor’s, or employee’s negligence or willful misconduct. Landlord reserves the making of any right to make such repairs, alterations changes, alterations, additions, or improvements in or to any portion of the Leased Premises Project and the fixtures and equipment thereof as it may deem necessary or building of which the Leased Premises are a partdesirable so long as such changes, alterations, additions, or in or to fixturesimprovements do not prevent Tenant from occupying the Premises for the Permitted Use hereunder. Notwithstanding the foregoing, appurtenances additional maintenance 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, repairs which may be necessary because of damage caused by theftcasualty and/or condemnation (and any responsibility or liability of Landlord therefore) shall be governed by Article 10 and Article 11 of this Lease, or by any act or neglect of any tenant or occupant of the Project, or of any other third partiesrespectively.

Repairs by Landlord. Section 8.01. Landlord shall keep shall, at its sole cost and expense, maintain and repair the exterior and structural portions of the Building (including but not limited to the roof, exterior walls, exterior building windows, public corridorsbuilding structure and foundation), equipment used in the common with other tenants areas (such including but not limited to the lobbies, restrooms, elevators and parking area) and, except as elevatorshereafter provided, plumbing, the heating, air-conditioning ventilation, air conditioning, electrical, fire and similar equipment) life safety systems, plumbing systems, and the structural components of maintain the Building in a good state of repairorder, 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)operating condition. Section 8.02. Notwithstanding anything herein to the contrary, Landlord shall have no obligation liability to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury inconvenience, annoyance, or interruption to or interference with Tenant's business arising from out of repairs or changes which the making of any repairs, alterations Landlord is required or improvements in permitted to make under this lease or by law to any portion of the Leased Building, Premises or building of which the Leased Premises are a part, or in or to their fixtures, appurtenances equipment or appurtenances, provided Landlord uses due diligence so as to not unreasonably disturb Tenant's use and equipment thereinoccupancy of the Premises. In no the event of major structural repairs rendering 25% or more of Premises untenantable, fixed rent and Tenant's other monetary obligations to Landlord shall xxxxx proportionately as to that portion of the Premises rendered untenable for the period during which that portion is so rendered untenantable by reason of Landlord making such repairs, but if the portion of the Premises which is untenantable prevents Tenant from effectively conducting its business therein, fixed rent and Tenant's other monetary obligations to Landlord shall be liable abated entirely for such times as Tenant continues to Tenant for any damage to be so prevented from using, and does not use, 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, rainPremises. However if such repairs are not, or other substances leaking cannot, be completed within sixty (60) days Tenant may terminate this lease. Section 8.03. Subject to Section 21.01, in the event the Landlord is required to make any repair by reason of the negligent acts or coming from omissions of 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 personsits servants, agents or employees, such repairs shall be made at the cost and expense of the Tenant, which may costs shall be caused by theftconsidered additional rent due and payable upon the Landlord's billing therefor, or by any act or neglect of any tenant or occupant of the Project, or of any other third partiesbut only after such repairs are actually made.

Repairs by Landlord. Landlord shall keep maintain the roof, exterior walls, exterior building windowsload-bearing columns, public corridorsfoundation, equipment used in common with floor slabs, and other tenants (such as elevatorsstructural components, plumbingthe mechanical, heatingelectrical and plumbing systems, air-conditioning and similar equipment) the Common Areas and the structural components roadways and landscaping of the Building (excluding leasehold improvements) in a good state and operable condition, consistent with the standards of repairother first- class office buildings in the Central Business District of Houston, Texas, and shall accomplish make such repairs repxxxx xxx xxxxxxxxxxxx xx xxx xx xxxxxxxx xx maintain the Building in such condition. This Section 5.02 shall not apply to damages resulting from an exercise of eminent domain (as may be needed within fifteen to which Section 6.01 shall apply) or to damages resulting from a fire or other casualty (15) days after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when such repairs as to which Section 6.03 shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completionapply). Notwithstanding anything herein to the contraryUnless otherwise expressly stipulated herein, Landlord shall have no obligation not be required to repair make any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date improvements to or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to kind or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 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 loss, damage 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 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, sewermechanical, electrical cablesor plumbing systems, wires all of which work shall be performed by Landlord or steam pipes; or from waterits contractors but shall be paid for by Tenant in an amount equal to Landlord's cost plus an administrative fee, rainand (ii) Tenant's contractors shall be subject to Landlord's prior approval, 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 causesnot to be unreasonably withheld. The administrative fee charged by Landlord under this Section 5.02 and Section 5.03 shall not be liable for any loss or damage to any person or property sustained by Tenant exceed five percent (5%) of Landlord's out-of-pocket costs relating thereto during the initial term or any other persons, which may be caused by theft, or by any act or neglect renewal term of any tenant or occupant of the Project, or of any other third partiesthis Lease.

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, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components portions of the Building, the central or base Building mechanical, electrical and 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 good state manner that is comparable to other first-class office buildings in Xxxxxxxxxx County, Maryland of repaira similar size, location and shall accomplish age. If any such repairs as may be needed within fifteen (15) days after receipt are necessitated by Tenant's breach of written notice from Tenant (except in emergencies this Lease, or cases of urgent necessity (when such repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair by any latent defects (i) capable of detection in the ordinary course act or omission of Tenant's business and first detected more than one (1) year after , its agents, employees, assigns, concessionaires, contractors or invitees, Tenant shall reimburse to Landlord the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct business reasonable cost incurred in or gain access to the Premisescompleting such repairs. Nothing herein shall diminish Tenant's obligation responsibility to maintain and repair any special equipment installed in the Leased Premises or Building specifically for TenantTenant equipment, including without limitation but not limited to any telecommunication equipment, security equipment, computer special fire protection equipment, kitchen equipmentequipment and 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 repair of an item for which Landlord is responsible hereunder requires immediate repair, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of (ii) Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion use of the Leased Premises or building will be materially impaired until such repair is undertaken, and (iii) the repair of which the Leased Premises are a partsuch item is within Landlord's reasonable control to undertake, or in or then Landlord shall use good faith efforts to fixtures, appurtenances and equipment therein. In no event shall Landlord be liable generally respond to any such requests by Tenant for any damage such repair and commence such repair within twelve (12) hours of such notification; provided, however, that Landlord's failure to the Leased Premises respond 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 commence such repairs as set forth above shall not be liable for any loss a breach, violation 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 partiesdefault under this Lease.

Repairs by Landlord. Except for any supplemental HVAC equipment installed by Tenant, the heating ventilation, and air conditioning units which are installed by Landlord shall keep be the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning responsibility of Landlord to maintain and similar equipment) and repair during the structural components of the Building 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)Lease Term. Notwithstanding anything herein to the contrary, Landlord shall have no obligation duty to repair Tenant to make any latent defects (i) capable repairs or improvements to the interior of detection in the ordinary course Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by any act or neglect of Tenant's business and first detected more than one (1) year after the Commencement Date , its agents, employees or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access invitees Landlord shall not be liable for any damage caused to the Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises person or Building specifically for property of Tenant, including without limitation any telecommunication equipmentits agents, security equipmentemployees or invitees, computer equipment, kitchen equipment, any Tenant HVAC System due to the Property or the Building or any Tenant Generator. If repairs are required by reason part or appurtenances thereof being improperly constructed or being or becoming out of Tenant's acts repair, or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making leaking of any repairs, alterations water or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a partsewer, or in or to fixturesfrom electricity, 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 cause whatsoever. Tenant agrees to report immediately in writing to Landlord any defective condition in or 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 dampness or from any similar risks or causessuch defects. Landlord shall not be liable for any loss failure to furnish or damage for suspension or delay in furnishing such services due to any person breakdown, maintenance, or property sustained by Tenant repair work, strike, riot, civil commotion, governmental action or any other personscause 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 and serving other parts of the Building in locations which do not materially interfere with Tenant’s use thereof. Landlord’s right hereunder may be caused exercised by theftLandlord’s designees. Tenant acknowledges and agrees that, from time to time, it will be necessary for Landlord to temporarily interrupt the electrical or other utility service to the Premises in order to perform maintenance and repair service on the utility systems serving the Property, or by any act in connection with supplying such utility service to new or neglect existing tenants of the Property. Landlord will give Tenant reasonable advance notice of any tenant or occupant such interruptions in service (except any interruptions due to emergencies) and will use commercially reasonable efforts to minimize the interruption of the Project, or Tenant’s business as a result of any other third partiessuch interruptions.

Repairs by Landlord. Landlord shall keep the rooffoundations, exterior structural/load bearing walls, exterior building windowsgutters, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) downspouts and the structural components of roof over the Building Premises in a good state of repairorder and repair (subject to reimbursement by Tenant in accordance with Section 3.3), and shall accomplish make 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 Premises up to, but not including, Tenant’s service connections therewith, but subject to Landlord’s recovery of such repairs expenses 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 causesthis Lease. Landlord shall not be liable for any loss injury or damage to any person persons or property sustained by Tenant resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other persons, which may be caused place or by theft, dampness or by any act other cause of whatsoever nature. All property of Tenant, including merchandise and furnishings, kept or neglect stored on the Premises shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any tenant or occupant and all claims arising out of damage to same. If Landlord is required to make repairs by reason of the Projectnegligence or willful misconduct of Tenant, any permitted subtenants, concessionaires or their respective employees, agents, invitees, licensees or contractors, the cost of any other third partiessuch repairs shall be borne by Tenant and shall be due and payable immediately upon receipt of Landlord’s notification of the amount due. In addition to the foregoing, Landlord shall maintain, repair, and 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 restoration 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. If Landlord fails to perform such maintenance or repair within thirty (30) days after receiving from Tenant written notice of the need for same or if such maintenance or repair cannot be performed within thirty (30) days, commence the maintenance and repair within thirty (30) days, and diligently prosecute it to completion, Tenant may make such repairs after giving Landlord ten (10) days prior written notice and using the lowest of three (3) competitive bids, and deduct the costs thereof from sums due Landlord hereunder.

Repairs by Landlord. Landlord shall keep operate, maintain and repair the roofBuilding (and make such capital improvements and replacements to the Building) in a manner consistent with the condition to which the Building is renovated by Landlord's Work and Tenant's Work when such Work is completed as contemplated by this Lease and the Work Letter Agreement, exterior wallsfrom and after the date of completion of such Work, exterior building windowsreasonable wear and tear excepted, public corridorsand except for items which are damaged due to the negligence or willful misconduct of Tenant, equipment used its agents, contractors, employees, licensees, contractors or invitees; and shall repair all damage to the Building and the Premises, reasonable wear and tear excepted, and unless caused by the negligence or willful misconduct of Tenant, its agents, contractors, employees, licensees or invitees. Except as provided in common with Section 10.E. below, Landlord is also obligated to perform all other tenants maintenance and repairs necessary or appropriate to cause the Premises to be maintained in good condition (such as elevators, plumbing, heating, air-conditioning reasonable wear and similar equipmenttear excepted) and in compliance with all applicable laws, rules, regulations and ordinances. All expenses in connection with the structural components operation and maintenance of the Building pursuant to this Paragraph 10 shall be part of the Building's Expenses, including but not limited to those items listed below, unless otherwise indicated below or unless specifically excluded from Expenses pursuant to Paragraph 4C. hereof: 13 (i) Landlord agrees that following the Commencement Date, they shall replace, at their cost, any HVAC units or HVAC items which are either ten (10) years old or older, become defective, or are incapable of repair during the Term of the Lease, except for any supplemental HVAC units installed by Tenant and any HVAC units serving the kitchen area of the cafeteria located in a good state the Premises. Landlord's obligations to replace such HVAC units or HVAC items shall commence on or after the Commencement Date with the initial repair and replacement of repair, and shall accomplish such repairs as may be needed the HVAC units complete within fifteen sixty (1560) days after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when the Commencement Date, and such repairs replacement shall be commenced immediatelyaffected by Landlord as necessary in accordance with above-stated standards. Also, effective as of the Commencement Date, Landlord shall be responsible for maintenance and repair of the HVAC system except for any supplemental HVAC units installed by Tenant and any HVAC units serving the kitchen area of the cafeteria, such costs to be included as part of Building Expenses; (ii) Landlord shall use its best efforts (without incurring additional costs to Landlord) to assist Tenant in achieving any electrical cost reductions under available programs; (iii) Effective as of the Commencement Date, Landlord shall be responsible for all repairs and maintenance to all elevators in the Building, with such longer time as is reasonably required costs to adequately remedy be included in Expenses for the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein Building; (iv) All entrances to the contraryBuilding contain after-hours primary card readers which shall be maintained and repaired by Landlord, such costs to be included in Expenses; and (v) In order to effectuate Landlord's required maintenance and repairs for the Building, Landlord shall have no obligation to repair any latent defects an on-site maintenance employee for the Building for an eight (i) capable of detection in the ordinary course of Tenant's business and first detected more than one 8) hour workday (1) year after the Commencement Date or 7:30 a.m. - 4:00 p.m.), Monday through Friday, excluding Holidays (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlordas such term is defined herein), as additional rent, well as a twenty-four hour maintenance response line and "on-call" maintenance personnel for maintenance calls for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 partiesBuilding.

Repairs by Landlord. Landlord shall make all structural repairs, including, but not limited to, structural columns and floors (excluding floor coverings, such as carpet and floor tile) of the Premises, the roof of the Building, and the exterior walls of the Building (excluding 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 such portions of the Premises 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 cost of such repairs, as Additional Rent, within five (5) days of written demand. Landlord shall keep all of the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building and the Property for which it is responsible as aforesaid in a good state of order and repair. Except as provided herein, and shall accomplish such repairs as may be needed within fifteen (15) days after receipt of written notice from Tenant (except in emergencies unless solely due to Landlord's or cases of urgent necessity (when such repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contraryits agents', servants' or employees' negligence, Landlord shall have no obligation liability to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord Subtenant by reason of any inconvenience, annoyance, interruption, or injury to or interference with Tenant's business arising from the making of any repairsrepairs or changes which Landlord is required or permitted by this Lease to make, alterations or improvements by any other tenant's lease or required by law to make in or to any portion of the Leased Premises Premises, Building or building Common Areas. If without Landlord's prior consent, Tenant performs or permits to be performed any alterations, additions, improvements, changes, affixations 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, rainchattels, or other substances leaking work which affects the structural portions of the Premises and/or the roof of the Building or coming 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 roofmaintenance, streetrepair, subsurface and replacement of any or from any 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 place remedies under this Lease, at law or from dampness or from any similar risks or causes. Landlord in equity, may (but shall not be liable obligated to do so) cure such failure on behalf of Tenant without any liability of Landlord for any loss or 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 performed any person or property sustained by Tenant or any other personssuch alterations, which may be caused by theftadditions, improvements, changes, affixations, or by any act or neglect of any tenant or occupant of the Projectother work in a manner not consistent with Landlord's prior consent thereto, or of any other third partiessuch work shall be deemed to have been performed without Landlord's consent.

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation duty to repair Tenant to make any latent defects (i) capable repairs or improvements to the interior of detection in the ordinary course Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by any act or neglect of Tenant's business and first detected more than one (1) year after the Commencement Date , its agents, employees or (ii) that have no material adverse effect on Tenant's ability invitees, excluding accidents covered by Landlord’s insurance, subject to conduct business in Article 17(f). Unless due to Landlord’s gross negligence or gain access willful misconduct, Landlord shall not be liable for any damage caused to the Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises person or Building specifically for property of Tenant, including without limitation any telecommunication equipmentits agents, security equipmentemployees or invitees, computer equipment, kitchen equipment, any Tenant HVAC System due to the Properly or the Building or any Tenant Generator. If repairs are required by reason part or appurtenances thereof being improperly constructed or being or becoming out of Tenant's acts repair, or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making leaking of any repairs, alterations water or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a partsewer, or in or to fixturesfrom electricity, 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 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 repair, and a failure to so report shall make Tenant liable to Landlord for any expense, damage or liability resulting from dampness or from any similar risks or causessuch defects. Landlord shall not be liable for any loss failure to furnish or damage for suspension or delay in furnishing such services due to any person breakdown, maintenance, or property sustained by Tenant repair work, strike, riot, civil commotion, governmental action or any other personscause beyond the reasonable control of Landlord, which or for interruptions of service for reasonable periods in connection with 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 caused carried by theftTenant, or by any act or neglect of any tenant or occupant 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 Project, date on which such utility service is restored or of any other third partiesthe date the Tenant reopens for business.

Repairs by Landlord. 13.1.1 If the Premises, not including the Improvements, or any portion thereof shall be damaged or destroyed during the Term by any casualty insurable under an ISO Commercial Property Special Cause of Loss form, or if the Premises shall be damaged by any other type of casualty to an extent which is less than twenty-five percent (25%) of what had been the insurable value of the Premises immediately prior to such other type of casualty, Landlord shall, except as otherwise provided in this Lease and to any delay or inability from causes beyond Landlord’s control, repair and/or rebuild the same, not including the Improvements, substantially to its condition immediately prior to such damage or destruction. If Landlord elects under Section 12.2 to insure the Improvements to the Premises, Landlord shall, in the case of an insured casualty, also repair and rebuild the Improvements hereunder in accordance with the foregoing provision. 13.1.2 If the Premises shall be damaged to the extent of twenty-five percent (25%) or more of what had been its insurable value immediately prior to the casualty and such casualty shall not have been insurable under an ISO Commercial Property Special Cause of Loss form, then Landlord may, at Landlord’s option, either terminate this Lease or elect to repair such damage or rebuild the Premises (excluding the Improvements). If Landlord elects to repair or rebuild the Premises (excluding the Improvements), Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used perform such repair or rebuilding as provided in common with other tenants Section 13.1(a). Within thirty (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building in a good state of repair, and shall accomplish such repairs as may be needed within fifteen (1530) days after receipt of written notice from any such casualty Landlord shall notify Tenant whether Landlord intends to repair or rebuild the Premises (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 excluding the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completionImprovements). Notwithstanding anything herein If Landlord elects not to repair or rebuild, this Lease shall terminate without further notice, Tenant shall immediately vacate the Premises and all further obligations of both parties hereunder shall cease (other than those which shall theretofore have accrued), effective as of the date on which Tenant vacates or ceases doing business in the Premises. If such damage or destruction occurs and this Lease is not terminated by Landlord, this Lease shall remain in full force and effect, and the Landlord and Tenant waive the provisions of any law to the contrary. 13.1.3 Landlord’s obligation under this Section shall in no event exceed the scope of the work done by Landlord in the original construction of the Premises, nor the scope of the work done in the construction of the Improvements (if Landlord shall have no obligation be obligated to repair any latent defects (i) capable of detection in or rebuild the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 partiesImprovements hereunder).

Repairs by Landlord. Subject to Article 21 hereof, Landlord shall keep maintain or cause to be maintained in good condition and repair the roof, exterior walls, exterior building windows, public corridorsdoors, equipment used in common with other tenants (such as elevatorsstructural portions of the exterior and interior of the Building, the mechanical, electrical, plumbing, lighting, heating, air-conditioning air conditioning, curtain wall, vertical transportation, security, fire protection and similar life safety systems and materials, the Tenant Improvements (excluding any trade fixtures, equipment) , furniture and other personal property of Tenant), the Project Common Areas, the 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 Exchange Commission. addition to the requirements set forth in Article 57.1.6), and the structural components Building Parking Facilities all in accordance with the Building Standard Services attached hereto as Exhibit E and first class standards of professional property management at least equivalent to the standards maintained in similar first class office buildings in Richmond, Virginia. Subject to the waivers of subrogation set forth in Article 17, the cost of such maintenance and repairs shall be (i) at Tenant’s sole cost and expense as to repairs caused by the negligence of Tenant or its agents, contractors, employees or invitees; (ii) included in Operating Expenses to the extent permissible under Article 9.2 hereof, except as provided in Article 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 compliance with all applicable local, state and 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 agrees as part of its repair obligations hereunder, and at no additional cost to Tenant, to promptly correct any and all conditions in violation of the foregoing and to remediate any mold or other harmful substance or material that may be found in the Building at any time during the Term; provided, however, that to the extent Tenant or 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 cause of such mold, or other harmful substance or material due to such party’s negligent act or omission or improper use of the Building in a good state systems contrary to their design, then the cost 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 remediation shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of born by Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 use good faith and commercially reasonable efforts to refrain from performing maintenance, repair, replacement or damage to any person renewal activities that generate substantial odors or property sustained by Tenant noxious chemicals or any other persons, which may be caused by theft, fumes in the Building or by any act or neglect of any tenant or occupant within twenty-five (25) feet of the Projectoutdoor air intakes of the HVAC system, or of any other third partiesduring Building Operating Hours.

Repairs by Landlord. Tenant, by taking possession of the Premises, shall accept and shall be held to have accepted the Premises as suitable for the use intended by this Lease, subject to the 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 event the Premises are not deemed suitable for Tenant's use. Landlord shall keep not be required, after possession of the roofPremises has been delivered to Tenant, exterior wallsto make any repairs or improvements to the Premises, exterior building windowsexcept as set forth in this Lease. Except for damage caused by casualty and condemnation (which shall be governed by Sections 23 and 24 below), public corridorsand subject to normal wear and tear, equipment used Landlord shall maintain in common with other tenants (such as elevators, plumbing, heating, air-conditioning good condition and similar equipment) and repair the structural components of the Building in a good state of repairexterior walls, roof and foundation, and shall accomplish 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 hereby warrants that all Building systems (the "Premises Systems"), including the electrical, life safety, plumbing and heating, ventilation and air conditioning, security alarm, and doors, windows and skylights, to 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 Premises Systems, Landlord shall repair the failed or improperly operating Premises Systems at Landlord's sole cost and expense as long as such failure was not caused by Tenant's willful or negligent misconduct. Upon expiration of the Warranty Period, and after completion of any repair earlier noticed, and except as may otherwise 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein pursuant to the contraryWork, Landlord shall have no further obligation to repair or correct any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building Systems during the Term of which this Lease. Tenant hereby waives the Leased Premises are a part, or in or provisions of California Civil Code Sections 1941 and 1942 with respect to fixtures, appurtenances and equipment therein. In no event shall Landlord be liable to Tenant for any damage to Landlord's obligations under 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 partiesLease.

Repairs by Landlord. Landlord shall keep and maintain the roofBuilding, exterior wallsthe 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, exterior building Landlord shall make all repairs necessary to maintain the Building, the Common Areas, 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 not as part of Landlord’s Work unless the maintenance 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 which 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), windows, public corridorsflooring installed or furnished by Landlord, equipment used in common with and all other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components elements of the Building in a good state Premises installed or furnished by Landlord. Tenant shall promptly notify Landlord of any condition which requires repair, and . Landlord shall accomplish undertake such repairs as may be needed with due diligence within fifteen (15) days a reasonable time after receipt of written notice from Tenant (except in emergencies that such repair is needed subject to reasonable delays for adjustment of insurance claims, Force Majeure or cases of urgent necessity (when such repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay other matters beyond Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment therein’s control. In no event shall Landlord be liable obligated to Tenant for repair any nonstructural system damage or any damage to systems not provided in base Building plans unless such damage is caused by the Leased Premises negligence of Landlord or for any lossits employees, 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, rainagents, 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 causescontractors in such capacity. Landlord Tenant shall not be liable for required to 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 loss defects in the construction of the (i) base Building work or damage to any person Tenant’s Work installed by Landlord, or property sustained Landlord’s contractor, which are discovered by Tenant and communicated in writing by Tenant to Landlord, and (ii) the base Building work and Tenant’s Work installed by Landlord or any 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 persons, which may be caused by theft, or by any act or neglect applicable laws in effect at the time of any tenant or occupant construction of the Projectbase 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 subject to reasonable delays for adjustment of insurance claims, Force Majeure or of any other third partiesmatters beyond Landlord’s control, proceed to repair such defects to a reasonably satisfactory condition consistent with comparable buildings.

Repairs by Landlord. Landlord shall keep the roofPremises and the Building and all machinery, exterior wallsequipment, exterior building windowsfixtures and systems of every kind attached to, public corridors, equipment or used in common connection with other tenants (such as elevatorsthe operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, heatingcleaning, air-refrigeration, ventilating, air conditioning and similar equipmentelevator systems and equipment (excluding, however, lines, improvements, systems and machinery for water, gas, steam and electricity owned and maintained by any public utility company or governmental agency or body) in good order and repair consistent with the structural components operation of the 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 replacements necessary to comply with its obligations set forth in a good state the immediately preceding sentence, except for (a) repairs required to be made by Tenant pursuant to Section 8 and (b) repairs caused by the willful misconduct of repairTenant, its agents, employees, invitees 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 guests, which repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy made by Landlord at the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course cost of Tenant's business , and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, which Tenant shall promptly pay Landlordpromptly, as additional rentAdditional Rent, for upon receipt of an invoice setting forth the cost thereofof such repairs. Except as otherwise specifically provided in Sections 15 or 18 below, there There shall be no abatement of rent in rents due and payable hereunder and no liability on the part of Landlord by reason of any injury to inconvenience or interference with Tenant's business annoyance arising from the Landlord's making of any repairs, alterations additions or improvements to the Building in accordance with its obligations hereunder. In an emergency, Landlord shall use all reasonable efforts to commence the repair 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 and shall diligently work to complete the same. In the event Landlord fails to commence and diligently pursue any repairs or to any portion provide services for which Landlord is responsible within thirty (30) days after written notice from Tenant of the Leased Premises need for repair or building of which such services. Tenant shall have the Leased Premises are a part, right with notice to Landlord at the notice address to perform the repairs or in or to fixtures, appurtenances provide such services and equipment therein. In no event Landlord shall Landlord be liable to reimburse Tenant for any damage to the Leased Premises reasonable cost of repair 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 provision 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 partiesservices within sixty (60) days after request therefor.

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and agrees to endeavor to maintain the structural components of the Building, the Common Areas and Building systems, in a good state order, repair and condition, in the standard of repairComparable Buildings during the Term, and shall accomplish make such repairs thereto as may be needed within fifteen (15) days become necessary after receipt obtaining actual knowledge of written notice from Tenant (except in emergencies or cases the need for such repairs, all costs of urgent necessity (when such repairs which shall be commenced immediately) included in Operating Expenses, except as expressly excluded therefrom pursuant to Paragraph 1.B.12 hereof, unless the need for any such maintenance or repair is brought about by any act or omission of Tenant, its agents, employees or invitees, and such longer time as not covered by the policies of insurance which Landlord is reasonably required to adequately remedy maintain hereunder or which Landlord has in force and effect at the problem time, in which event, Tenant shall have the obligation to make, at its sole cost and expense, such structural repairs. Except as provided in the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrarypreceding sentence, Landlord shall have no obligation duty to repair Tenant to maintain or to make any latent defects repairs or improvements (iexcept for Landlord's Work) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access to the Demised Premises. Nothing herein shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 caused to any the person or property sustained by Tenant 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 other personspart or appurtenances or arising from the leaking of gas, which may be caused by theftwater, 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 act defective condition in or neglect about the Demised Premises or the Building which becomes known to Tenant, and a failure to report timely shall relieve Landlord of any tenant or occupant such obligation until it obtains actual knowledge of the Project, or of any other third partiesneed for such repair.

Repairs by Landlord. Landlord shall keep If the roofPremises (including all Alterations, exterior wallspersonal property, exterior building windowstrade fixtures, public corridorsfurniture, furnishings, equipment used and other Tenant's Property, as well as the Fit-Out Work (collectively, "Tenant's Insurable Property")) or the Building (in common such a manner that materially interferes with Tenant's use of the Premises or reasonable access thereto) shall be damaged by fire or other tenants 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 elevatorsprovided below), plumbingTenant shall receive an abatement of the Rent payable hereunder for all affected portions of the Premises, heatingwhich shall be apportioned according to the portion of the Premises (or all of the Premises, air-conditioning and similar equipmentif the Premises is totally damaged, as the case may be) and which is usable by Tenant for the structural components 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 in and the Premises for which Landlord is responsible pursuant to the terms of Article 12 hereof. Landlord shall deliver a good state of repair, and shall accomplish such repairs as may be needed within fifteen Notice to Tenant at least ten (1510) days after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when such repairs shall prior to the date on which Landlord expects that the Full Casualty Restoration Work will be commenced immediately) and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)substantially completed. Notwithstanding anything herein to the contrary, (i) Landlord shall have no obligation not carry insurance on Tenant's Insurable Property, (ii) Tenant agrees that Landlord will not be obligated to repair any latent defects (i) capable of detection in the ordinary course of damage to Tenant's business Insurable Property (other than the Fit-Out Work) or to replace the same, and first detected more than one (1iii) year after Tenant agrees that Landlord will not be obligated or liable to repair any damages to the Commencement Date or (ii) that have no material adverse effect on Fit-Out Work if the net insurance proceeds received from Tenant's ability insurer are insufficient to conduct business in or gain access make such repairs unless and until Tenant pays Landlord the shortfall between the cost to make such repairs and the Premises. Nothing herein shall diminish amount of net insurance proceeds received from Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 partiesinsurer.

Repairs by Landlord. Landlord shall keep the roof, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components of the Building 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation duty to repair Tenant to make any latent defects (i) capable repairs or improvements to the interior of detection in the ordinary course Premises except structural repairs necessary for safety and tenantability, and then only if not brought about by any act or neglect of Tenant's business and first detected more than one (1) year after the Commencement Date , its agents, employees or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 causesinvitees. Landlord shall not be liable for any loss or damage caused to any the person or property sustained by 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 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 personscause 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 and serving other parts of the Building 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 to temporarily interrupt the electrical or other utility service to the Premises in order to perform maintenance and repair service on the utility systems serving the Property, or in connection with supplying such utility service to new or existing tenants of the Property. Landlord will give Tenant reasonable advance notice in writing of any such interruptions in service (except any interruptions due to emergencies) and will use commercially reasonable efforts to minimize the interruption of Tenant’s business as a result of such interruptions. Notwithstanding the aforesaid, with respect to property damage only, Landlord will be liable for property damage caused by theftthe gross negligence or wanton or intentional misconduct of Landlord, its employees, agents or by any act or neglect contactors, subject, however, to the waiver of any tenant or occupant of the Project, or of any other third partiessubrogation provisions set forth in subparagraph 17 (g) below.

Repairs by Landlord. From and after the Commencement Date, Landlord"s maintenance and repair obligations as to the Building shall be as follows: (a) Landlord shall keep have no maintenance or repair obligations as to the roofPremises or any portions of Building systems (including, exterior wallswithout limitation, exterior building windowsthe Building"s water, public corridorssewer, equipment used in common with other tenants (such as elevatorselectrical, heating, plumbing, heatingfire suppression, ventilation and air-conditioning systems) which are located entirely within the Premises or which serve the Premises exclusively, except that Landlord, at Landlord"s sole cost and similar equipment) expense shall keep in good order, condition and the repair all structural components of the Premises; (b) Subject to Section 8(a) above, Landlord, at Landlord"s sole cost and expense shall (i) be responsible for lighting the common areas of the Building and washing the exteriors of windows on the Building in a manner that such services are customarily furnished to similar buildings in the area where the Building is located; (ii) keep in good state order, condition and repair (1) the elevators, (2) the Building"s water, sewer, electrical, heating, plumbing, fire suppression, ventilation and air-conditioning systems, (3) the common areas of repairthe Building, (4) structural components of the Building, and (5) the roof of the Building. (c) Notwithstanding anything to the contrary in Sections 8(a) and (b) above, Tenant shall accomplish cause a contractor reasonably approved by Landlord to make such repairs as may be needed within fifteen (15) days made necessary by any willful or negligent act or omission of Tenant or its employees, agents, customers, invitees, licensees or contractors, and the cost of such repairs shall be borne by Tenant. Landlord shall be under no obligation to make any inspection of the Premises or to make any repairs until after receipt of written notice from Tenant (except in emergencies or cases to Landlord of urgent necessity (when such repairs shall be commenced immediately) and such longer time the need thereof. As soon as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to actpractical, Tenant shall promptly pay Landlord, as additional rent, for the cost thereofreport in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. Except as otherwise Tenant hereby specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of waives any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion applicable law requiring inspection of the Leased 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 causesLandlord. Landlord shall not in no event be liable for any loss lost business, lost profits or damage consequential damages resulting from Landlord's failure to any person make repairs 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 partiesotherwise.

Repairs by Landlord. Landlord shall keep make all repairs necessary to maintain the roofBuilding, exterior the Common Areas, 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 not as part of Landlord's Work unless the maintenance 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 which 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), the glass curtain walls, exterior building windows, public corridorsflooring installed or furnished by Landlord, equipment used in common with and all other tenants (such as elevators, plumbing, heating, air-conditioning and similar equipment) and the structural components elements of the Building in a good state Premises installed or furnished by Landlord. Tenant shall promptly notify Landlord of any condition which requires repair, and . Landlord shall accomplish undertake such repairs as may be needed with due diligence within fifteen (15) days a reasonable time after receipt of written notice from Tenant (except in emergencies or cases of urgent necessity (when that such repairs shall be commenced immediately) and such longer time as repair is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment thereinneeded. In no event shall Landlord be liable obligated to Tenant for repair any nonstructural system damage or any damage to systems not provided in base Building plans unless such damage is caused by the Leased Premises act, omission, accident or for negligence of Landlord or its employees, agents, invitees, licensees, tenants, subtenants or contractors in such capacity. Tenant shall not be required to 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 loss, damage defects in the construction of the (i) base Building work or injury to any property therein or thereon resulting from acts Tenant's Work installed 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, rainLandlord, or Landlord's contractor, which are 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 substances leaking or coming from applicable laws in effect at the rooftime of construction of the base Building work and Tenant's Work. If, streetwithin a reasonable time after discovery, subsurface or from any other place or from dampness or from any similar risks or causesTenant 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 this Lease, for any loss damage or damage inconvenience, and Tenant shall not be entitled to any person damages nor to any abatement or property sustained reduction of rent by Tenant or any other persons, which may be caused by theft, or by any act or neglect reason of any tenant maintenance, repairs, replacements, alterations or occupant additions made by Landlord under this Lease, except as specified in paragraph 11 of the Project, or of any other third partiesExhibit H attached hereto and incorporated herein by reference.

Repairs by Landlord. Landlord shall keep Xxxxxxxx agrees to make all necessary repairs or alterations to the rooffoundation, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, heating, air-conditioning roof and similar equipment) and the structural components parts of the Building in a good state exterior walls 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 problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct business in or gain access to the Premises. Nothing herein Notwithstanding the foregoing, if any of said repairs or alterations shall diminish Tenant's obligation to maintain and repair any special equipment installed in the Leased Premises or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under or through Tenant's acts , by reason of the default, negligence, fault, or negligent failure 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 actbe performed or observed, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury special use to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a partmay be put, or in or to fixtures, appurtenances and equipment therein. In no event Tenant shall Landlord be liable to Tenant for any damage to the Leased Premises cost of all such repairs 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 causesalterations as may be necessary. Landlord shall not be liable for deemed to have committed a breach of any loss obligation to make repairs or damage to any person alterations or property sustained by Tenant or perform any other persons, which may be caused by theftact unless (a) it shall have made such repairs or alterations or performed such other act negligently, or by any (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 neglect alterations or performed such other act within a reasonable time after the receipt of any tenant such notice; and in the latter event Landlord's liability shall be limited to the cost of making such repairs or occupant alterations or performing such other act. As used in this Lease, the expression "exterior walls of the ProjectPremises" 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 any 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 third partiescasualty or by eminent domain, in which events the obligations of Landlord shall be controlled by Paragraph 18 hereof.

Repairs by Landlord. The Landlord shall, at its sole cost and expense, keep and maintain the foundations, roof, and structural portions of the exterior walls of the Premises (except any walls, whether temporary or permanent, installed by Tenant), in good condition and repair, except for repairs or replacements occasioned or required by reason of the acts of the Tenant, its employees, agents, invitees, licensees, or contractors. The Tenant agrees to give the Landlord written notice of the necessity for repairs or replacements coming to the attention of the Tenant. The Landlord shall keep not be obligated to make any repair or replacement required of it until notice in writing from Tenant of the roofneed for same. The Landlord shall have a reasonable time after Tenant’s written notice in which to make such repair or replacement. In addition, exterior walls, exterior building windows, public corridors, equipment used in common with other tenants (such as elevators, plumbing, the Landlord shall be responsible for the cost of replacing the heating, air-conditioning and similar equipment) ventilation system and the structural components of the Building in a good state of repair, and shall accomplish such repairs as may be needed within fifteen units (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 problem “HVAC”); provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to acthowever, Tenant shall promptly pay Landlord, as additional rent, be responsible for the cost thereofreplacement of any HVAC unit installed or replaced in or on the Premises since January 15, 2007. Except as otherwise specifically provided The provisions of this Article shall not apply in Sections 15 the event of damage or 18 belowdestruction by fire or other casualty or taking under a power of eminent domain, there in which event the obligations of the Landlord shall be no abatement controlled by the terms of rent Article XIII and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises or building of which the Leased Premises are a part, or in or to fixtures, appurtenances and equipment thereinArticle XIV. 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. The Landlord shall not be liable for any loss damage done to the personal property or leasehold improvements of Tenant occasioned by or from the electrical system, the 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 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 damage arising from acts or negligence of other occupants of the property of which the Premises is a part. The Landlord shall not be liable for any damage occasioned for failure to keep the Premises in repair, unless the Landlord is obligated to make such repairs under the terms hereof and unless notice of the need for repairs has been given the Landlord and a reasonable time has elapsed and the Landlord has failed to make such repairs. Landlord shall not be liable to Tenant for any damages to person or property sustained by Tenant resulting from fire or any other personshazards, which may be caused by theftexcept to the extent resulting from the negligence or unlawful or willful acts of Landlord, its agents, employees, and contractors, or by any act or neglect resulting from the failure of any tenant or occupant Landlord to perform its obligations hereunder, regardless of the Projectcause thereof, or of any other third partiesand the Tenant hereby releases the Landlord from all liability for such damage.

Repairs by Landlord. The Landlord shall, at its sole cost and expense, keep and maintain the foundations, roof, and structural portions of the exterior walls of the Premises (except any walls, whether temporary or permanent, installed by Tenant), in good condition and repair, except for repairs or replacements occasioned or required by reason of the acts of the Tenant, its employees, agents, invitees, licensees, or contractors. The Tenant agrees to give the Landlord written notice of the necessity for repairs or replacements coming to the attention of the Tenant. The Landlord shall keep not be obligated to make any repair or replacement required of it until notice in writing from Tenant of the roof, exterior walls, exterior building windows, public corridors, equipment used need for same. The Landlord shall have a reasonable time after Tenant’s written notice in common with other tenants (which to make such as elevators, plumbing, repair or replacement. The Landlord shall be responsible for the replacement cost of the heating, air-conditioning and similar equipment) 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 structural components 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 Building 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 Landlord shall be commenced immediately) controlled by the terms of Article XIII and such longer time as is reasonably required to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion)Article XIV. Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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. The Landlord shall not be liable for any loss damage done to the personal property or leasehold improvements of Tenant occasioned by or from the electrical system, the 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 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 damage arising from acts or negligence of other occupants of the property of which the Premises is a part. The Landlord shall not be liable for any damage occasioned for failure to keep the Premises in repair, unless the Landlord is obligated to make such repairs under the terms hereof and unless notice of the need for repairs has been given the Landlord and a reasonable time has elapsed and the Landlord has failed to make such repairs. Landlord shall not be liable to Tenant for any damages to person or property sustained by Tenant resulting from fire or any other personshazards, which may be caused by theftexcept to the extent resulting from the negligence or unlawful or willful acts of Landlord, its agents, employees, and contractors, or by any act or neglect resulting from the failure of any tenant or occupant Landlord to perform its obligations hereunder, regardless of the Projectcause thereof, or of any other third partiesand the Tenant hereby releases the Landlord from all liability for such damage.

Repairs by Landlord. (a) Tenant, by taking possession of the Premises, shall accept and shall be held to have accepted the Premises as provided in Section 15 of this Lease. Landlord shall keep not be required, after possession of the roofPremises has been delivered to Tenant, to make any repairs or improvements to the Premises, except as set forth in this Lease. 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 (including appropriate snow and ice removal) in good repair and in first-class condition the exterior walls, exterior building windows, public corridorsroof, equipment used in common with other tenants (such as elevatorsareas, parking areas, foundation, structural portions and the central portions of the Building’s mechanical, electrical, plumbing, fire and life safety, heating, ventilating and air-conditioning and similar equipment) and systems (i.e., only those portions of central distribution, but not the structural components of the Building in a good state of repairbranches which serve only one tenant’s space), and shall accomplish provided such repairs as may be needed within fifteen are not necessitated by the negligence or willful misconduct of Tenant, Tenant’s invitees or anyone in the employ or control of Tenant. (15b) days Notwithstanding anything to the contrary contained in this Lease, if Landlord, after receipt of written notice from Tenant (except in emergencies given pursuant to the notice section of this Lease and informing Landlord that repairs or cases of urgent necessity (when such maintenance are necessary, and those repairs or maintenance are Landlord’s obligations pursuant to this Lease, shall be commenced immediately) and such longer time as is reasonably required fail to adequately remedy promptly commence the problem provided the remedy has begun and Landlord is repairs or maintenance and/or thereafter fails to diligently prosecuting pursue the same to completioncompletion within a period of time as may be reasonable under the circumstances (but in no event less than thirty (30) days after receipt of such notice). Notwithstanding anything herein , and, if but only if, such failure materially and adversely affects Tenant’s business operations in the Premises, then Tenant, after providing a second written notice to Landlord notifying Landlord of the failure, shall have the right, but not the obligation, to make such repairs or perform such maintenance, but only to the contraryextent that it relates to the Premises and only up to an amount not exceeding $15,000.00 in each instance. Landlord shall, within thirty (30) days after receipt by Landlord shall have no of written demand from Tenant, reimburse Tenant for Tenant’s reasonable and actual out of pocket costs and expenses of such repairs or maintenance. Landlord’s obligation to repair any latent defects (i) capable pay Tenant pursuant to this paragraph shall survive the termination or expiration of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased 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 partiesthis Lease.

Repairs by Landlord. Except as the same may be Tenant’s obligation pursuant to Section 8 of this Lease, Landlord shall keep the roofPremises and the Building and all machinery, exterior wallsequipment, exterior building windowsfixtures and systems of every kind attached to, public corridors, equipment or used in common connection with other tenants (such as elevatorsthe operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, heatingcleaning, air-refrigeration, ventilating, air conditioning and similar equipmentelevator systems and equipment (excluding, however, lines, improvements, systems and machinery for water, gas, steam and electricity owned and maintained by any public utility company or governmental agency or body) in good order and repair consistent with the structural components operation of the Building as a first-class office building in a good state 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 repairthis Lease), shall make all repairs and shall accomplish such replacements necessary to comply with its obligations set forth in the immediately preceding sentence, except for (a) repairs as may required to be needed within fifteen made by Tenant pursuant to Section 8 of this Lease and (15b) days after receipt notwithstanding the provisions of written notice from Tenant (except in emergencies Subsection 16.4 of this Lease, repairs caused by the negligence or cases willful misconduct of urgent necessity (when such Tenant, its agents, employees, invitees and guests, which repairs shall be commenced immediately) and such longer time as is reasonably required to adequately remedy made by Landlord at the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contrary, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course cost of Tenant's business , and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, which Tenant shall promptly pay Landlordpromptly, as additional rentAdditional Rent, for upon receipt of an invoice setting forth the cost thereofof such repairs. Except as otherwise specifically provided in Sections 15 or 18 below, there There shall be no abatement of rent in rents due and payable hereunder and no liability on the part of Landlord by reason of any injury to inconvenience or interference with Tenant's business annoyance arising from the Landlord’s making of any repairs, alterations additions or improvements in or to any portion of the Leased 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 partiesBuilding in accordance with its obligations hereunder.

Repairs by Landlord. Landlord shall keep the roofBuilding and all machinery, exterior wallsequipment, exterior building windowsfixtures and systems of every kind attached to, public corridors, equipment or used in common connection with other tenants (such as elevatorsthe operation of, the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, heatingcleaning, refrigeration, ventilating, air-conditioning and similar equipmentelevator systems and equipment (excluding, however, lines, improvements, systems and machinery for water, gas, steam and electricity owned and maintained by any public utility company or governmental agency or body and any supplemental HVAC system approved by Landlord and installed by Tenant) in good order and repair consistent with the structural components operation of the Building as a first-class office building. Landlord, at its cost and expense, shall make all repairs and replacements necessary to comply with its obligations set forth in a good state the immediately preceding sentence, 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 repairTenant, its agents, employees, invitees 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 guests, which repairs shall be commenced immediately) 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 longer time as is reasonably required to adequately remedy the problem provided the remedy has begun repairs, except as, and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein to the contraryextent, Landlord shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there Section 14.5. There shall be no abatement of rent in rents due and payable hereunder and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the Landlord’s making of any reasonable repairs, alterations additions or improvements in or to any portion of the Leased 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 lossBuilding in accordance with its obligations hereunder. Notwithstanding the foregoing, damage or injury Landlord shall make commercially reasonable efforts 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 avoid disruption 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 causesTenant’s business. Landlord shall not be liable for any loss have no obligation hereunder to make repairs of Tenant Improvements, Tenant’s Alterations 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 partiesTenant’s Personal Property.

Repairs by Landlord. Landlord shall keep repair, maintain and replace the roofroof structure, floor structure, exterior wallswalls and foundations of the Building, exterior building and the plumbing, electrical and other utility systems serving but which are located outside of the Premises (excluding, however, repairs to windows, public corridorsdoors, equipment used in common with other tenants (such as elevatorssaddles and plate glass), plumbing, heating, air-conditioning and similar equipment) and the structural components 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. Routine maintenance or repair costs incurred in connection with the Building maintenance and repairs described in the preceding sentence shall be considered Common Area Operating Costs but replacements or repairs of a good state of repair, capital nature (as determined in accordance with generally accepted accounting principles) shall be at Landlord's cost and expense and shall accomplish not be a Common Area Operating Cost. Landlord shall not be required to commence any such repairs as may be needed within fifteen (15) days repair until after receipt of written notice from Tenant (that the same is necessary, which notice, except in emergencies or cases the case of urgent necessity (when such repairs an emergency, shall be commenced immediatelyin writing and shall allow Landlord ten (10) and days in which to commence such longer time as is reasonably required repair. When necessary by reason of accident or other cause occurring in the Building or in the Premises or in order to adequately remedy the problem provided the remedy has begun and Landlord is diligently prosecuting the same to completion). Notwithstanding anything herein make any repairs or alterations or improvements in or relating to the contraryBuilding or the Premises, Landlord reserves the right to interrupt the supply of electricity, water and gas or any other utility and also to suspend the operation of the heating and air conditioning system, where there shall have no obligation to repair any latent defects (i) capable of detection in the ordinary course of Tenant's business and first detected more than be one (1) year after the Commencement Date or (ii) that have no material adverse effect on Tenant's ability to conduct 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 or Building specifically for TenantBuilding, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment, any Tenant HVAC System or any Tenant Generator. If repairs are required by reason of Tenant's acts or negligent failure to act, Tenant shall promptly pay Landlord, as additional rent, for the cost thereof. Except as otherwise specifically provided in Sections 15 or 18 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any until said repairs, alterations or improvements shall have been completed. There shall be no abatement 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 to any portion cause a minimum of interference with Tenant's use of the Leased 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 causesPremises. 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 liable for any loss or damage a one-time charge. In addition, Landlord, at Landlord's discretion, may clean and maintain parking areas and entryways if the Tenant fails to any person or property sustained by Tenant or any other personskeep such areas clean and in good condition, which may and the cost thereof shall be caused by theft, or by any act or neglect of any tenant or occupant of the Project, or of any other third partiesa Common Area Operating Cost as set forth in Section 3.4.