Common use of Repairs by Tenant Clause in Contracts

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant’s cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not Landlord’s express caused by Landlord or that is not within the responsibility of Landlord under this Leasethe Tenant Improvements Agreement, if any, and any damage to the Complex, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (except that with respect to any such damage outside of the Premises or below floor coverings, above ceilings or behind walls or columns, such damage shall keep the Leased Premises in good condition be repaired by Landlord, and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Tenant shall reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions replacements, plus an administrative charge equal to five percent (5%) of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination cost of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearsuch repairs or replacements. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin thirty (30) days after receipt of written notice from Landlord, Landlord may, at its Landlord’s option, but without make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to five percent (5%) of the cost of such repairs or replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be payable as additional Rent by Tenant to Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord. Notwithstanding anything contained herein to the contrary, if any obligation to do so, cure such failure or refusal and damage is covered by Landlord’s costs insurance, in whole or in part, Tenant’s liability under this Section 14 shall be reimburseable limited to the deductible payable by Tenant as additional rent, Landlord and any portion of the cost of repairing such damage not covered by Landlord’s insurance. In connection with repairs or replacements made by Tenant, immediately upon invoicing Tenant shall provide Landlord with a copy of the contractor agreement regarding such repairs, copies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, copies of “as-built” plans and specifications and other information or documentation reasonably required by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord including evidence of the need for any lien-free completion of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestrepairs or replacements.

Repairs by Tenant. 12. (a) Tenant shallaccepts the Premises in their present condition and as suited for the Permitted Use and Tenant’s intended purposes. Tenant, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to throughout the Leased Premises that are not Landlord’s express responsibility under initial term of this Lease, and any extension or renewal thereof, at its expense, shall keep the Leased Premises maintain in good condition order and repair the Premises, (except those repairs expressly required to be made by Landlord hereunder), specifically including but not limited to any building and other improvements located thereon, all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Tenant further agrees to care for the grounds around the building, including the mowing of grass, care of shrubs and general landscaping. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the contractor as to any repairs in excess of $ .  If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) in good order and repair, reasonable wear including but not limited to replacement of parts, compressors, air handling units and tear exceptedheating units. TenantProvided that Tenant shall have obtained Landlord’s prior written approval of the contractor and the repair obligations include repairs to: or replacement expenses for heating, ventilation and air conditioning equipment, Tenant shall not be liable for more than $ (aper occurrence) floor coveringor $ (annually), (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Landlord shall reimburse Tenant for the exclusive benefit of Tenant and located amount in the Leased Premises or other portions excess of the Buildingstated amount upon the written request of Tenant.  If this box is checked, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord mayLandlord, at its optionexpense, shall maintain the heating, ventilation and air conditioning system(s) in good order and repair, including but without any obligation not limited to do soreplacement of parts, cure such failure compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord an amount up to $ (per occurrence) or refusal $ (annually), and Landlord’s costs Landlord shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding responsible for the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to amount in excess of the Leased Premisesstated amount. Tenant shall notify reimburse Landlord for the amount of Tenant’s obligation hereunder upon the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestwritten request of Landlord.

Repairs by Tenant. 12. (a) Tenant shallaccepts the Premises in their present condition and as suited for the Permitted Use and Tenant’s intended purposes. Tenant, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to throughout the Leased Premises that are not Landlord’s express responsibility under initial term of this Lease, and any extension or renewal thereof, at its expense, shall keep maintain in good order and repair the Leased Premises (except those repairs expressly required to be made by Landlord hereunder), specifically including but not limited to all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Tenant further agrees that it shall not use the Common Areas for storage or for the disposal of refuse or any other material. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the contractor as to any repairs in excess of $ .  If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) serving the Premises in good condition order and repair, reasonable wear including but not limited to replacement of parts, compressors, air handling units and tear exceptedheating units. TenantProvided that Tenant shall have obtained Landlord’s prior written approval of the contractor and the repair obligations include repairs to: or replacement expenses for heating, ventilation and air conditioning equipment, Tenant shall not be liable for more than $ (aper occurrence) floor coveringor $ (annually), (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Landlord shall reimburse Tenant for the exclusive benefit of Tenant and located amount in the Leased Premises or other portions excess of the Buildingstated amount upon the written request of Tenant.  If this box is checked, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord mayLandlord, at its optionexpense, shall maintain the heating, ventilation and air conditioning system(s) serving the Premises in good order and repair, including but without any obligation not limited to do soreplacement of parts, cure such failure compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord an amount up to $ (per occurrence) or refusal $ (annually), and Landlord’s costs Landlord shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding responsible for the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to amount in excess of the Leased Premisesstated amount. Tenant shall notify reimburse Landlord for the amount of Tenant’s obligation hereunder upon the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestwritten request of Landlord.

Repairs by Tenant. Except as described in Article 19 above, Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition repair and repairin a neat and clean, reasonable wear first-class condition, including making all necessary repairs and tear exceptedreplacements. Tenant’s repair and maintenance obligations include include, without limitation, repairs to: (a) floor covering, coverings; (b) interior partitions, ; (c) doors, ; (d) the interior side of demising walls, ; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located Alterations (as defined in the Leased Premises or other portions of the Building, Article 21); (f) supplemental air conditioning units, private showers and kitchens, kitchens (including hot water heaters), plumbing plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by or on behalf of Tenant exclusivelyor are currently existing in the Premises (except to the extent such facilities are part of the Building systems, which shall be governed by Article 19 above) and (g) alterations performed Cable. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Building or Property caused by contractors retained by Tenant or Tenant’s agents, employees, invitees, licensees, visitors or contractors, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises but not limited to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to any repairs or replacements necessitated by (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant (other than the Tenant Improvements to be performed by Landlord), and (ii) the alterations permitted moving of any property into or out of the Premises; at Landlord’s option, Landlord will perform such work and Tenant will pay Landlord the actual out-of-pocket cost thereof plus a commercially reasonable administrative fee. All personal property brought into the Premises shall be at the risk of Tenant only and Landlord shall not be liable for theft thereof or any damage thereto occasioned by any acts of co-tenants, other occupants of the Building, or any other person. If Tenant fails to make any repairs or replacements required pursuant to this Lease, Article 20 within thirty (iii30) days after notice from Landlord (or within such shorter period as Landlord may specify in the provisions event of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably requiredan emergency), Landlord may, at its option, but without any obligation upon prior reasonable notice to do so, cure Tenant (except in an emergency) make the required repairs or replacements and the actual out-of-pocket costs of such failure repairs or refusal and replacements (plus Landlord’s costs commercially reasonable administrative charge) shall be reimburseable by charged to Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair Rent and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair be due and maintenance and Landlord shall endeavor to respond timely to each such requestpayable within ten (10) days following written demand.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant’s cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not caused by Landlord or that is not within the responsibility of Landlord and any damage to the Complex, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (except that with respect to any such damage outside of the Premises or below floor coverings, above ceilings or behind walls or columns, such damage shall be repaired by Landlord’s express responsibility under this Lease, and Tenant shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearreplacements. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin thirty (30) days after receipt of written notice from Landlord, Landlord may, at its Landlord’s option, but without make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be payable as additional Rent by Tenant to Landlord within thirty (30) days following Tenant’s receipt of an invoice with reasonable supporting documentation from Landlord. Notwithstanding anything contained herein to the contrary, if any obligation to do so, cure such failure or refusal and damage is covered by Landlord’s costs insurance, in whole or in part, Tenant’s liability under this Section 14 shall be reimburseable limited to the deductible payable by Tenant as additional rent, Landlord and any portion of the cost of repairing such damage not covered by Landlord’s insurance. In connection with repairs or replacements made by Tenant, immediately upon invoicing Tenant shall provide Landlord with a copy of the contractor agreement regarding such repairs, copies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, copies of “as-built” plans and specifications and other information or documentation reasonably required by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord including evidence of the need for any lien-free completion of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestrepairs or replacements.

Repairs by Tenant. Tenant shallagrees to maintain the Premises and the fixtures and systems therein (including, without limitation, all interior structural elements of the Building) in good order, repair and condition, during the Term at its sole cost and expense, promptly perform and will, at the expiration or other termination of the Term, surrender and deliver the same and all maintenancekeys, repairslocks and other fixtures connected therewith (except only Tenant's Personal Property) in the same good order, refurbishing repair and replacement work condition as they are now in or shall be in at the Commencement Date, except as repaired, rebuilt, restored, altered or added to the Leased Premises that are not Landlord’s express responsibility under as permitted or required by this Lease, and ordinary wear and tear and damage by casualty or condemnation excepted. Tenant shall keep be solely responsible for keeping the Leased Premises in good condition and repairrepair throughout the Term, reasonable including, but not limited to, making all required and necessary repairs and replacements to the doors, light bulbs and fixtures (including tubes and casings), windows, glass, ceiling, mechanical, electrical and plumbing equipment of the Premises. The plumbing facilities shall not be used for any purpose other than that for which they are constructed and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be Tenant's liability. Tenant shall also initiate and carry out a program of regular maintenance and repair of the Premises, including, but not limited to, (i) the painting or refinishing of all areas of the interior and maintaining or replacing of all trade fixtures and equipment, ceiling tile, flooring and other items of display used in the conduct of Tenant's business, so as to impede, to the extent possible, deterioration by ordinary wear and tear exceptedand to keep the same in attractive condition throughout the Term and (ii) obtaining and maintaining, at Tenant's cost, service contracts with reputable, licensed mechanical contractors reasonably acceptable to Landlord to carry, out a program of regular maintenance and repair of the heating, air-conditioning and ventilating systems, including, but not limited to, the replacement of any filters. Tenant’s repair obligations The HVAC service contract must include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) all services suggested by the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or manufacturer in the operating/maintenance manual for the exclusive benefit HVAC system, and must become effective as of the Commencement Date. Within thirty (30) days prior to the expiration date hereof, Tenant shall have the HVAC system checked and serviced to insure proper functioning and shall furnish Landlord with satisfactory proof thereof. Tenant shall make all repairs to the Premises necessitated by any act or omission of Tenant and located in the Leased Premises or other portions of the Buildingits agents, (f) supplemental air conditioning unitsemployees, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving or invitees. Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with responsible for the rules cleaning and procedures described in Section 5.2 hereofmaintenance of all grease traps within the Premises. Upon termination of To this Leaseend, Tenant will surrender and deliver the Leased Premises covenants to enter into a grease trap cleaning contract reasonably acceptable to Landlord in the same condition in which the Leased Premises existed on or prior to the Commencement Date, subjectand to furnish Landlord with a copy thereof. Tenant shall not place a load upon the floor of the Premises contrary to the weight, howevermethod of installment and position approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. No equipment may be used or installed which will or may necessitate any changes, replacements or additions to or require the use of the water system, plumbing system, heating system, air conditioning system, security system or the electrical system of the Premises without the prior written consent of Landlord (i) except the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs hereof shall not be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations applicable with respect to the Leased Premises. any Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestWork).

Repairs by Tenant. Tenant shallaccepts the Premises in its present “As-Is” condition (except for the Tenant Improvements which are the responsibility of Landlord, if any, set forth in Exhibit “B”) and specifically acknowledges that the Premises is suited for the uses intended by Tenant. Tenant shall at its sole own cost and expenseexpense keep and maintain the Premises (including, once Substantially Completed, the Tenant Improvements, if any, set forth in Exhibit “B”) in good order and repair, promptly perform making all maintenancenecessary repairs and replacements, repairsincluding, refurbishing but not limited to, all equipment and replacement work to facilities and components thereof within the Leased Premises that are not Landlord’s express responsibility under this LeasePremises, fixtures, walls (interior), finish work, ceilings, floors, lighting fixtures, bulbs and ballasts, utility connections and facilities within the Premises, windows, glass, doors, and shall keep plate glass, downspouts, gutters, air conditioning and heating systems, truck doors, dock levelers, bumpers, seals and enclosures, cranes, rail systems (if any), plumbing, electrical, termite and pest extermination, and damage to Common Areas caused by Tenant, excluding only those repairs or Capital Replacements expressly required to be made by Landlord hereunder. Tenant, in keeping the Leased Premises in good order, condition and repair, reasonable wear shall exercise and tear exceptedperform good maintenance practices. Tenant shall be responsible for all testing (as required by applicable law, but not less often than annually), maintenance and repair of the alarm and fire suppression system, and shall provide Landlord with copies of all testing results. Tenant shall maintain, and shall provide Landlord with proof thereof, an annual service maintenance contract for the HVAC system in a form and with a contractor reasonably satisfactory to Landlord. Tenant’s repair obligations shall include repairs to: (a) floor coveringrestorations, (b) interior partitionsreplacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, (c) doorscondition and state of repair, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subjectexcepting, however, any Capital Replacements required to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, be made by Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premiseshereunder. Tenant shall notify Landlord of be permitted to implement its own reasonable security measures in the need for any such repair and maintenance and Landlord shall endeavor Premises, subject to respond timely to each such request.prior approval by

Repairs by Tenant. Except for Landlord’s obligations in Article 10 or otherwise in this Lease, Tenant, during the Term of this Lease or any extension or renewal of this Lease, shall, at its sole cost and expense, make all repairs as shall be reasonably necessary to keep the Premises, and any portion of the Building under Tenant’s exclusive control in good condition and repair, normal wear excepted. Tenant further agrees that all damage or injury of whatever nature done to the Premises by Tenant or by any person in or upon the Premises except Landlord, Landlord’s agents, servants and employees, shall be repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, Landlord agrees to make all repairs and replacements covered by manufacturers’ warranties held by Landlord or covered by Landlord’s insurance required hereunder. Tenant’s obligations under this paragraph, unless otherwise stated in this Lease, shall include, but shall not be limited to, the repair and replacement of all fixtures installed by Landlord or Tenant in the Premises; water heaters serving the Premises; windows, glass and plate glass, doors, locks, stairs, skylights, any special office entrances, interior walls, ceiling below bar joists, finish work, all interior walls, and floor coverings in the Premises; all heating, ventilation, air conditioning (other than the replacement of motors and compressors), electrical, plumbing, sprinkler and other systems serving the Premises; dock doors, truck doors, and dock bumpers; and all fixtures located within or serving the Premises. Tenant shall, at its sole cost and expense, promptly perform all maintain the Premises, and any portion of the Building under Tenant’s exclusive control, free of rodents, insects and other pests. If requested to do so by Landlord, Tenant shall enter into a pest control maintenance contract with a professional pest control company, to be in effect for the duration of the Term, that shall provide for regularly scheduled pest and insect control treatments within the Premises and any portion of the Building under Tenant’s exclusive control. If Landlord requests that Tenant enter into a pest control maintenance contract, then within thirty (30) days of Tenant’s receipt of such request, Tenant shall provide Landlord with written documentation reasonably acceptable to Landlord that such contract has been entered into. Tenant at its sole cost and expense shall secure from a heating and air conditioning contractor as approved by Landlord, a complete service and maintenance contract which shall provide, among other things, for the changing of filters at least once per calendar quarter, the inspection of the HVAC equipment serving the Premises at least twice per calendar year, including a written report of the condition thereof to Landlord and Tenant, the periodic oiling of equipment where required, the tightening of belts, the filling of pitch pans and the sealing of water leaks; provided, however, the securing of such service contract by Tenant shall not relieve Tenant and Landlord of their obligations to maintain and repair such equipment {except for the repair, maintenance, repairs, refurbishing and replacement work of motors and compressors by Landlord, unless such maintenance, repair or replacement is due to the Leased Premises that are not Landlord’s express responsibility under this Leaseacts or negligence of Tenant, and shall keep the Leased Premises in good condition and repairits agents, reasonable wear and tear excepted. employees, visitors or contractors or due to Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) failure to operate the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed system in accordance with the rules and procedures described manufacturer’s recommended specifications) as in Section 5.2 hereofthis Lease provided. Upon termination A current copy of this Leasethe service agreement, Tenant will surrender and deliver or a certificate evidencing same, shall be provided to Landlord; the Leased Premises initial service agreement shall be provided to Landlord in within 30 days after the same condition in which the Leased Premises existed on the Phase One Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail fails to procure and maintain any such service agreement, Landlord shall have the right, but not the obligation, to immediately or refuse at any time thereafter as long as such default remains uncured perform such obligation on behalf of Tenant, and Tenant shall fully reimburse and compensate Landlord on demand, as Additional Rent, all costs and expenses incurred by Landlord in such performance, including an administrative fee in the amount of ten percent (10%) of the cost of such service. If any repairs required to be made by Tenant hereunder are not made within thirty (30) days after written notice delivered to Tenant by Landlord (or immediately in case of emergency, which shall include, without limitation, continuing damages to the Premises or Building), Landlord may at its option make such repairs without liability to Tenant for loss or damage which may result to its equipment, fixtures, inventory or business by reason of such repairs, refurbishings or replacements or perform said maintenance and Tenant shall pay to Landlord upon demand as and when reasonably required, Additional Rent hereunder the cost of such repairs plus an administrative fee of ten percent (10%) of the cost of such repairs. Landlord may, at its optionshall have the right, but without any obligation not the obligation, from time to do so, cure such failure or refusal and Landlord’s costs time to specify the service contractor which Tenant shall be reimburseable by required to use for the performance of any maintenance or repairs of the Premises or of any system servicing the Premises at competitive rates. The fact that Landlord may elect to so specify a service contractor which Tenant as additional rentshall be required to use shall not in any way make Landlord liable for any acts or omissions of such service contractor, by Tenant, immediately upon invoicing by Landlordnor render Landlord liable for any interruption of services to the Premises. Notwithstanding the foregoingforegoing to the contrary, if Landlord elects at any time during the Term of this Lease to enter into an HVAC maintenance contract for all of the HVAC units at the Property, including the HVAC units for the Premises, then in lieu of Tenant’s obligation to maintain a separate HVAC maintenance contract, Tenant agrees to perform, as Above Standard Services, pay to Landlord Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord Proportionate Share of the need Building of the cost of such HVAC maintenance contract for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestthe Property as an Operating Expense.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant’s cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable due to normal wear and tear excepted. Tenant’s repair obligations include repairs to: and is not caused by Landlord and any damage to the Project, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (a) except that with respect to any such damage outside of the Premises or below floor coveringcoverings, (b) interior partitionsabove ceilings or behind walls or columns, (c) doorssuch damage shall be repaired by Landlord, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Tenant shall reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions replacements, plus an administrative charge equal to ten percent (10%) of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination cost of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearsuch repairs or replacements. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin thirty (30) days after receipt of written notice from Landlord, Landlord may, at its Landlord’s option, but without any obligation make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to do so, cure ten percent (10%) of the cost of such failure repairs or refusal and Landlord’s costs replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be reimburseable payable as additional Rent by Tenant as additional rent, by to Landlord within ten (10) days following Tenant, immediately upon invoicing by ’s receipt of an invoice from Landlord. Notwithstanding anything contained herein to the foregoingcontrary, Landlord agrees to performif any such damage is covered by Landlord’s insurance, as Above Standard Servicesin whole or in part, Tenant’s repair and maintenance obligations with respect liability under this Section 14 shall be limited to the Leased Premises. Tenant shall notify deductible payable by Landlord and any portion of the need for any cost of repairing such repair and maintenance and Landlord shall endeavor to respond timely to each such request.damage not covered by Landlord’s

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to shall be responsible for maintenance of the interior of the Leased Premises that are not Landlord’s express responsibility under this Leaseincluding walls, doors, floors, ceilings, light bulbs, fluorescent tubes and shall keep cabinets. If Tenant fails to perform necessary maintenance as provided for herein Landlord may perform said maintenance and bxxx Tenant the cost thereof plus a service charge of twenty (20%) percent as additional rental. Tenant agrees to return the Leased Premises to Landlord at the expiration hereof in good condition and repairthe same as the present condition, reasonable wear and tear excepted. Tenant shall promptly report in writing to Landlord any defective condition known to in which Landlord is required to repair. Failure to report such conditions shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such condition(s). Tenant shall be responsible for the cost of repairs or replacements for any damage done to the common areas, the Building or any part thereof, including the Leased Premises, caused by Tenant or Tenant’s repair obligations include repairs to: (a) floor coveringagents, (b) interior partitionsemployees, (c) doors, (d) the interior side of demising walls, (e) electronic, phone invitees or visitors. Tenant shall be responsible for cleaning and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in maintaining the Leased Premises or other portions of at its own cost and expense and shall keep the BuildingPremises in a first class attractive manner. In the event Tenant fails to keep the premises in a clean, (f) supplemental air conditioning unitsattractive manner in Landlord's reasonable discretion, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Landlord may have the Premises cleaned at Tenant’s work expense plus a twenty (20%) percent administrative fee. Landlord shall not be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Leaseresponsible for any damages caused thereby, Tenant will surrender and deliver the Leased Premises unless due to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by negligence. In the event that using non-union janitors would cause in Landlord’s reasonable discretion a possible disturbance Landlord may require Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestuse unionized janitorial workers.

Repairs by Tenant. Tenant shall, at its Tenant's sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises and every part thereof in first class, good condition and repairrepair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, reasonable wear the maintenance, replacement and tear excepted. Tenant’s repair obligations include repairs to: of any entrance to the Premises (a) floor coveringincluding plate glass), (b) interior partitions, (c) doors, (d) window casements, glazing, plumbing, pipes, electrical wiring and conduits, HVAC system, and any grease traps serving the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Premises. Tenant and located shall replace light bulbs in the Leased Premises or other portions Premises. Tenant shall obtain a service contract for repairs and maintenance of any HVAC systems serving only the Premises, which maintenance contract shall conform to the requirements under the warranty, if any, on said systems. Tenant shall maintain an industry standard service contract with a qualified and licensed HVAC service contractor providing for regular seasonal maintenance (as per manufacturer’s recommendation, but not less than four (4) times per year, including the manufacturer’s recommended points for service and repair) of the BuildingHVAC system (“HVAC Service Contract”). Within ten (10) days after Landlord’s request therefor, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall which requests may be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Leasemade from time to time, Tenant will surrender shall furnish Landlord with a copy of the HVAC Service Contract required to be maintained by Tenant hereunder and deliver copies of paid invoices and work orders verifying the Leased Premises to Landlord in nature of the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearwork performed under such contract. If Tenant should fail fails to maintain any such HVAC Service Contract or refuse timely deliver to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably requiredLandlord the documentation requested by Landlord relating thereto, Landlord may, at its option, but without after ten (10) days’ notice to Tenant, enter into an HVAC Service Contract; and, upon demand, Tenant shall pay to Landlord, as Additional Rent, all charges incurred by Landlord under any obligation such contract, together with a sum equal to do sotwenty five percent (25%) of said charges for overhead and administration. Tenant shall, cure such failure upon the expiration or refusal sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and Landlord’s costs tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be reimburseable repaired at the sole cost and expense of Tenant. Specifically but not by way of limitation, Tenant as additional rentshall not use or utilize the plumbing fixtures or systems installed in or serving the Premises for any purpose other than for such purposes for which they are intended, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees and no substance other than substances intended to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premisesbe disposed of in such plumbing shall be deposited therein. Tenant shall notify Landlord bear the sole expense of correcting any violation of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestimmediately preceding sentence.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant's cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not Landlord’s express caused by Landlord or that is not within the responsibility of Landlord under this Leasethe Tenant Improvements Agreement, if any, and any damage to the Complex, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (except that with respect to any such damage outside of the Premises or below floor coverings, above ceilings or behind walls or columns, such damage shall keep the Leased Premises in good condition be repaired by Landlord, and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Tenant shall reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions replacements, plus an administrative charge equal to five percent (5%) of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination cost of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearsuch repairs or replacements. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin thirty (30) days after receipt of written notice from Landlord, Landlord may, at its Landlord's option, but without any obligation make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to do so, cure five percent (5%) of the cost of such failure repairs or refusal and Landlord’s costs replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be reimburseable payable as additional Rent by Tenant as additional rentto Landlord within ten (10) days following Tenant's receipt of an invoice from Landlord. Notwithstanding anything contained herein to the contrary, if any such damage is covered by Landlord's insurance, in whole or in part, Tenant's liability under this Section 14 shall be limited to the deductible payable by Landlord and any portion of the cost of repairing such damage not covered by Landlord's insurance. Landlord agrees to limit the deductible applicable to casualty insurance policies maintained hereunder to an amount that is consistent with the amount of deductible maintained by other Class A office buildings in the Market Area. In connection with repairs or replacements made by Tenant, immediately upon invoicing Tenant shall provide Landlord with a copy of the contractor agreement regarding such repairs, copies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, copies of "as-built" plans and specifications and other information or documentation reasonably required by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord including evidence of the need for any lien-free completion of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestrepairs or replacements.

Repairs by Tenant. Tenant shall, throughout the term of this Lease, at its expense, maintain in good order and repair the Premises, including the heating and air conditioning equipment (including but not limited to replacement of parts, compressors, air handling units and heating units) and other improvements located thereon, except those repairs expressly required to be made by Landlord. Tenant, at its sole cost and expense, promptly perform shall provide all regular maintenance and service for the HVAC systems and warehouse unit heaters, including, but not limited to, placing a qualified HVAC contractor under service contract for such items as regular changing of filters at intervals not less than quarterly (once every three months), and to make thorough annual inspections of and to professionally service the system including, but not limited to, coolant recharging, replacement of belts or minor electrical components, lubrication and routine preventive maintenance, repairsand other miscellaneous items. Tenant shall be responsible for maintaining sprinkler, refurbishing valves, fire extinguishers and replacement work alarm systems if any, as located within the Premises and Tenant shall maintain written records, if any, that may be required by Landlord's insurer covering testing of sprinkler valves, fire extinguishers and alarm systems located within the Premises. Tenant shall consistently maintain heat within the Premises as necessary to avoid damage to the Leased Premises that are sprinkler system by freezing. In the event Tenant fails to make any repairs required of it hereunder, then Landlord may, but shall not Landlord’s express responsibility under this Leasebe obligated to, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably requiredin which event, Tenant shall promptly reimburse Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premisesfor all expenses incurred thereby. Tenant shall notify be responsible for pest and termite control. Tenant agrees to return said Premises to Landlord at the expiration, or prior termination, of this Lease in as good condition and repair as when first received, natural wear and tear, damage by storm, fire, lightning, earthquake or other insured casualty alone excepted. Aside from the need for aforesaid repairs, Tenant shall not make any such repair and maintenance and alterations, additions, or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord shall endeavor approve or disapprove of plans and specifications relating to respond timely to each such requestwork proposed by Tenant within ten (10) business days after receipt by Landlord.

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringTenant shall at its own expense keep the Premises and all fixtures contained therein in as good or better condition as when the Premises were first delivered to Tenant (inclusive of the Tenant Improvements), except for (a) ordinary wear and tear, (b) interior partitionsany appropriation or taking under power of eminent domain or by paramount authority governed by Section 4.7, below, (c) doorsdamage by Casualty governed by Section 4.6, below, and (d) improvements for which Landlord is responsible for repairing pursuant to Section 4.2, above. Subject to the interior side terms and conditions set forth in this Section 4.3, Tenant shall also bear the cost of demising wallsmaintenance and repair, (e) electronicby contractors approved by Landlord, phone of all facilities which are not expressly required to be maintained or repaired by Landlord and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and which are located in the Leased Premises or other portions of the BuildingPremises, (f) supplemental air conditioning unitsincluding, private showers and kitchenswithout limitation, including hot water heatersany mechanical, electrical, plumbing and similar facilities serving life safety systems that serve Tenant and/or the Premises exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with kitchen facilities, any supplemental heating and air conditioning systems utilized by Tenant and/or the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver Premises (including the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3Supplemental HVAC System), and (iv) except for ordinary wear and tearany other improvements located within the Premises. If Tenant should fail fails to perform, or refuse cause to make be performed, its maintenance and repair obligations as set forth in this Section 4.3 and subsequently fails to correct such repairs, refurbishings or replacements or perform said maintenance as failure within thirty (30) days of Landlord’s delivery to Tenant of written notice of such failure (which 30-day period will be reasonably extended in the event that such failure cannot be reasonably cured within such 30-day period and when reasonably required, Landlord may, at its option, but without any obligation Tenant commences to do so, cure such failure within the initial 30-day period and continuously and diligently proceeds thereafter to correct such failure), then at the option of Landlord, in its sole discretion, any such maintenance or refusal repair may be performed or caused to be performed by Landlord and Landlord’s costs shall be reimburseable by Tenant as additional rent, by the actual cost and expense thereof charged to Tenant, immediately upon invoicing by Landlordand Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Notwithstanding the foregoingpreceding sentence, Tenant acknowledges that Landlord agrees is not required to perform, as Above Standard Services, give notice prior to exercising Landlord’s rights in the preceding sentence in the event that Tenant’s repair and maintenance obligations failure poses an imminent threat of injury to persons or damage to property, or materially interferes with respect to another tenant’s use or enjoyment of its premises in the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestBuilding.

Repairs by Tenant. 12. (a) Tenant shallaccepts the Premises in their present condition and as suited for the Permitted Use and Tenant’s intended purposes. Tenant, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to throughout the Leased Premises that are not Landlord’s express responsibility under initial term of this Lease, and any extension or renewal thereof, at its expense, shall keep maintain in good order and repair the Leased Premises (except those repairs expressly required to be made by Landlord hereunder), specifically including but not limited to all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Tenant further agrees that it shall not use the Common Areas for storage or for the disposal of refuse or any other material. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the contractor as to any repairs in excess of $ . ❑ If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) serving the Premises in good condition order and repair, reasonable wear including but not limited to replacement of parts, compressors, air handling units and tear exceptedheating units. TenantProvided that Tenant shall have obtained Landlord’s prior written approval of the contractor and the repair obligations include repairs to: or replacement expenses for heating, ventilation and air conditioning equipment, Tenant shall not be liable for more than $ (aper occurrence) floor coveringor $ (annually), (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Landlord shall reimburse Tenant for the exclusive benefit of Tenant and located amount in the Leased Premises or other portions excess of the Buildingstated amount upon the written request of Tenant. ❑ If this box is checked, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord mayLandlord, at its optionexpense, shall maintain the heating, ventilation and air conditioning system(s) serving the Premises in good order and repair, including but without any obligation not limited to do soreplacement of parts, cure such failure compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord an amount up to $ (per occurrence) or refusal $ (annually), and Landlord’s costs Landlord shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding responsible for the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to amount in excess of the Leased Premisesstated amount. Tenant shall notify reimburse Landlord for the amount of Tenant’s obligation hereunder upon the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestwritten request of Landlord.

Repairs by Tenant. 12. (a) Tenant shallaccepts the Premises in their present condition and as suited for the Permitted Use and Tenant’s intended purposes. Tenant, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to throughout the Leased Premises that are not Landlord’s express responsibility under initial term of this Lease, and any extension or renewal thereof, at its expense, shall keep the Leased Premises maintain in good condition order and repair the Premises, (except those repairs expressly required to be made by Landlord hereunder), specifically including but not limited to any building and other improvements located thereon, all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Tenant further agrees to care for the grounds around the building, including the mowing of grass, care of shrubs and general landscaping. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the contractor as to any repairs in excess of $ .  If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) (“HVAC Systems”) in good order and repair, reasonable wear including but not limited to replacement of parts, compressors, air handling units and tear exceptedheating units. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Provided thatTenant shall be required to maintain a preventive maintenance contract for the exclusive benefit HVAC Systems on terms and with a provider reasonably acceptable to Landlord, which contract shall call for at least semi-annual maintenance, inspection and repair of such HVAC Systems (“HVAC Contract”). Tenant and located in the Leased Premises or other portions shall provide a copy of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises Contract to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to annually. Provided that: (i) Tenant has kept the provisions of Article VI hereofHVAC Contract in force, and, (ii) Tenant shall have obtained Landlord’s prior written approval of the alterations permitted pursuant to this Leasecontractor and the repair or replacement expenses for heating, ventilation and air conditioning equipment, Tenant shall not be liable for more than $ (iiiper occurrence) the provisions of Section 5.3or $ (annually), and Landlord shall reimburse Tenant for the amount in excess of the stated amount upon the written request of Tenantthe HVAC Systems, then, for any calendar year, Tenant shall be responsible for the cost of repairing or replacing the HVAC Systems (ivor any major component thereof) except up to $ per HVAC System with a maximum repair or replacement cost of $ for ordinary wear all HVAC Systems (“HVAC Cap”) in such year. Tenant shall provide Landlord copies of all records related to the servicing, maintenance, repair, and tearreplacement of the HVAC Systems upon the occurrence of any service, maintenance, repair, or replacement of the HVAC Systems. Landlord shall be responsible for paying the repair cost or replacement cost of such HVAC System in excess of the HVAC Cap.  If Tenant should fail or refuse to make such repairsthis box is checked, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord mayLandlord, at its optionexpense, shall maintain the heating, ventilation and air conditioning system(s) (“HVAC Systems”) in good order and repair, including but without not limited to replacement of parts, compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord for the cost of repairing or replacing the HVAC Systems (or any obligation major component thereof) an amount up to do so$ ( per occurrence) or $ (annually), cure andHVAC System with a maximum replacement cost of $ for all HVAC Systems (“HVAC Cap”) in such failure or refusal and Landlord’s costs year. Landlord shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding responsible for the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s amountpaying the repair and maintenance obligations with respect to cost or replacement cost of such HVAC System in excess of the Leased Premisesstated amount.HVAC Cap. Tenant shall notify reimburse Landlord for the amount of Tenant’s obligationthe HVAC Cap payable hereunder upon the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestwritten request of Landlord.

Repairs by Tenant. The Association (or Landlord if the Association ----------------- shall fail to do so) shall keep the structural portions of the Premises and the Common Area of the Regime, as applicable, in reasonable repair, provided that Tenant shallshall give Landlord or the Association written notice of the necessity for such repair as same affects the Premises. Tenant shall keep the interior of the Premises , together with the storefront and all doors and windows of the Premises, and all electrical, plumbing, and sprinkler systems located within the Premises, and any other mechanical installations located within the Premises, in reasonably good working order and repair, at its sole cost expense. Tenant shall also keep in reasonably good working order and repair the heating, ventilating and air conditioning systems that separately serve the Premises, whether such systems are located within the Premises or on the roof or at other locations within the building or the regime property. It is understood and agreed that Tenant shall be responsible for all maintenance and repair of the Premises except that which is the responsibility of the Association under the Master Deed. Tenant agrees to employ a suitable contractor approved by Landlord, which approval shall not be unreasonably withheld, to perform Tenant's obligations for maintenance of the heating, cooling and ventilating units serving the Premises, including at least annual inspections and cleaning , if necessary, of the system together with such servicing as each such inspection discloses as being reasonably necessary or as shall be reasonably required by Landlord. Tenant shall promptly repair, at its expense, promptly perform all maintenance, repairs, refurbishing and replacement work any damage to the Leased Premises that are not caused by bringing into the Premises any property for Tenant's use, or by the installation or removal of such property regardless of fault or by whom such damage may be caused, unless caused solely by the affirmative acts of negligence of Landlord’s express responsibility under this Lease, and shall keep its agents or employees. In the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of event Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse fails to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation need not, make same and Tenant agrees to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant pay Landlord as additional rent, by Tenant, immediately rent the reasonable cost thereof promptly upon invoicing demand by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of not overload the need for floor slab, electric wiring or utilities serving the Premises and shall install at Tenant's sole expense, after first obtaining Landlord's written approval, which approval shall not be unreasonably withheld, any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestadditional electric wiring that may reasonably be required in connection with Tenant's apparatus, equipment or fixtures.

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work Subject only to the Leased Premises that are not Landlord’s express responsibility under this Leaseobligations of the Landlord set forth in Section 7.01 hereof, and the Tenant shall keep and maintain the Leased Demised Premises and every part thereof and any fixtures, facilities or equipment contained therein, in good condition and repair, reasonable wear including, but not limited to floors, the heating, air-conditioning, ventilating, fire protection, electrical, plumbing and tear exceptedsewer systems, the exterior door, security grilles, window frames and all portions of the store front area. Tenant’s repair obligations include repairs to: Tenant shall (a) floor coveringmake any routine and regularly scheduled repairs thereof, and (b) interior partitionsany non-routine and non-regularly scheduled repairs, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by maintenance or any replacements thereof. The Tenant shall at its expense contract with a reputable firm for the exclusive benefit of Tenant and located in the Leased Premises or other portions periodic servicing of the Buildingheating, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusivelyair-conditioning, and ventilation systems as recommended by the manufacturer of such equipment. The Tenant shall also at its expense maintain pest (gincluding termite) alterations performed by contractors retained by Tenantcontrol, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3inspection, and (iv) except for ordinary wear and teartreatment of the Demised Premises. If the Tenant should fail refuses or refuse neglects to make such repairscommence or complete any of the obligations above set forth promptly and adequately, refurbishings or replacements or perform said maintenance as and when reasonably required, the Landlord may, at its option, but without any obligation shall not be required to do so, cure such failure make or refusal complete any maintenance or repairs and Landlord’s costs the Tenant shall be reimburseable by Tenant pay the cost thereof to the Landlord upon demand as additional rent, rent hereunder. Alterations to the Demised Premises by Tenant, immediately upon invoicing by after the Rent Commencement Date hereof shall be made only with prior written consent of the Landlord and under Landlords control and supervision. However, the Landlord. Notwithstanding ’s consent shall not be unreasonably withheld or delayed in case of minor alterations to conform the foregoing, Landlord agrees Demised Premises to perform, as Above Standard Services, the use of Tenant’s repair and maintenance business. Regardless of any obligations with respect otherwise imposed upon Landlord, Tenant shall pay for the cost of any repairs or damage resulting from the negligence or the unlawful or willful acts of its employees, agents or invitees, except to the Leased Premisesextent covered by insurance required to be carried by Landlord hereunder. Further permission is hereby granted by Landlord to Tenant shall notify to upfit the Demised Premises by painting, redecorating or carpet replacement all at the expense of Tenant, it being understood and agreed that the Tenant takes and accepts the Demised Premises in their present condition “as is, where is” after inspection by Tenant and without representation or warranty by Landlord or any agent of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestLandlord.

Repairs by Tenant. Except as described in Section 19 above, Tenant shall, at its sole own cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition repair and repair, reasonable wear in a neat and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchensclean condition, including hot water heaters, plumbing making all necessary repairs and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subjectreplacements; provided, however, that the cost of any capital repair or replacement in excess of $10,000 (and not made as a result of the negligence or willful misconduct of Tenant's or its employees, guests, agents or invitees), the cost and necessity of which repair or replacement has been approved in writing by Landlord prior to its making, which approval shall not be unreasonably withheld, shall be amortized on a straight-line basis over the useful life of the item in question, as reasonably determined by Landlord, and, as long as Tenant is not in default of this Lease (beyond any applicable cure period) at any time after such repair or replacement is made, Landlord shall reimburse Tenant for the portion of such cost that relates to the period of time from and after the expiration of the Lease Term upon such natural expiration. Tenant shall provide Landlord with appropriate evidence of such costs promptly after making such repair or replacement. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Premises or Building or Property caused by Tenant or Tenant's agents, employees, invitees, licensees, visitors or contractors, including but not limited to any repairs or replacements necessitated by (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant, and (ii) the alterations permitted pursuant to this Lease, (iii) moving of any property into or out of the provisions of Section 5.3, and (iv) except for ordinary wear and tearPremises. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation upon prior reasonable written notice to do so, cure Tenant (except in an emergency) make the required repairs and replacements and the costs of such failure repair or refusal and Landlord’s costs replacements shall be reimburseable charged to Tenant as Additional Rent and shall become due and payable by Tenant as additional rentwith the monthly installment of Base Rent next due hereunder. Tenant shall, by Tenantat its own cost and expense, immediately upon invoicing by Landlord. Notwithstanding enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for serving all hot water, heating and air conditioning systems and equipment within the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify The maintenance contractor and the contract must be approved in writing by Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.in

Repairs by Tenant. Tenant shallshall maintain and repair the Leased ----------------- Premises and keep the same in good condition. Tenant shall not be obligated to repair any damage (i) caused by Landlord or Landlord's Parties, at its sole cost (ii) covered by insurance maintained by Landlord and expensenot otherwise covered by insurance maintained or required to be maintained by Tenant hereunder, promptly perform (iii) covered and paid for by Landlord's contractor's and (iv) covered by Operating Expenses. Tenant's obligation shall include, without limitation, the obligation to maintain and repair all maintenancewalls, repairsfloors, refurbishing ceilings and replacement work fixtures and to repair all damage caused by Tenant or Tenant Parties to the Leased Premises that are not Landlord’s express responsibility under this Lease, utility outlets and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located other installations in the Leased Premises or other portions anywhere in the Project, whatever the scope of the Buildingwork of maintenance or repair required. Tenant shall repair all damage caused by removal of Tenant's movable equipment or furniture or the removal of any Tenant Extra Improvements or Alterations (hereinafter defined) permitted or required by Landlord, (fall as provided in Section 5.19. At the request of Tenant, Landlord shall perform the work of maintenance and repair constituting Tenant's obligation pursuant to this Section 5.05 and as an "extra service" to be rendered pursuant to Section 4.02.(e) supplemental air conditioning units, private showers at Tenant's sole cost and kitchens, expense including hot water heaters, plumbing the administration fee referred to therein. Any work of repair and similar facilities serving maintenance performed by or for the account of Tenant exclusively, and (g) alterations by persons other than Landlord shall be performed by contractors retained approved by Tenant, including related HVAC balancingLandlord prior to commencement of the work and in accordance with procedures Landlord shall from time to time establish. All Tenant’s such work shall be performed in accordance compliance with the all applicable laws, ordinances, rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, regulations and Tenant will surrender and deliver the Leased Premises shall provide to Landlord copies of all permits and records of inspection issued or obtained by Tenant in the same condition in which the Leased Premises existed on the Commencement Date, subjectconnection therewith to establish such compliance. Nothing herein contained, however, shall be deemed to (i) impose upon Tenant the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure perform work of maintenance or refusal and repair required by reason of Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by 's negligence or wrongful acts or those of Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.. BBD-1 Separate Lease Form

Repairs by Tenant. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant hereby waives any and all warranties, express or implied, as to the Premises, including, without limitation, the implied warranty of suitability of the Premises for Tenant’s intended use. Tenant shall, at its Tenant’s sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringTenant shall, (b) interior partitions, (c) doors, (d) upon the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by expiration or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon sooner termination of this Lease, Tenant will surrender and deliver the Leased Premises to the Landlord in the same condition in which the Leased Premises existed on the Commencement Dategood condition, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and teartear and damage from causes beyond the reasonable control of Tenant excepted. Any injury or damage to the Premises or Project, or the appurtenances or fixtures thereof, caused by or resulting from the act, omission or neglect of Tenant or Tenant’s employees, servants, agents, invitees, assignees, or subtenants shall be repaired or replaced by Tenant, or at Landlord’s option by Landlord, at the expense of Tenant. If Tenant should fail fails to maintain the Premises or refuse fails to make such repairsrepair or replace any damage to the Premises or Project resulting from the negligence or intentional act of Tenant, refurbishings its employees, servants, agents, invitees, assignees or replacements or perform said maintenance as and when reasonably requiredsubtenants, Landlord may, at its optionbut shall not be obligated to cause such maintenance, but without any obligation repair or replacement to do sobe done, cure such failure or refusal as Landlord deems necessary, and Tenant shall pay to Landlord within thirty (30) days all reasonable costs related thereto, plus a charge for Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord overhead of the need for any five percent (5%) of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestcost.

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s 's express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s 's repair obligations include include, without limitation, repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s 's work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s 's costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s 's repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. Except as described in Section 19 above, Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear, at its own cost and expense, maintain the Premises (including, but not limited to, any supplemental heating or cooling equipment, piping or other equipment, generators or compressors, back-up electric components, fiber optic lines, bulk liquid nitrogen tanks, glycol chilling systems, foam suppression systems, dry chemical systems, and life safety systems specific solely to Tenant’s use of the Premises, irrespective of whether any of such equipment is located within or outside of the Premises) in good repair and in a neat and clean, first-class condition, including making all necessary repairs and replacements. If future demising by Landlord precludes Tenant from accessing any such equipment, then Landlord shall maintain such equipment and shall promptly be reimbursed for the costs thereof by Tenant upon written notice. Furthermore, Tenant shall have the right, upon thirty (30) days’ prior written notice to Landlord and prior approval by Landlord (which shall not be unreasonably conditioned, withheld, or delayed), to relocate, within thirty (30) days after approval by Landlord, any such equipment to the Premises, at Tenant’s sole cost and expense, prior to the occupancy of such other tenant of the Building. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Premises or Building or Property caused by Tenant or Tenant’s agents, employees, invitees, licensees, visitors or contractors, including but not limited to any repairs or replacements necessitated by (i) the construction or installation of improvements to the Premises by or on behalf of Tenant, and (ii) the moving of any property into or out of the Premises. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation upon prior reasonable written notice to do so, cure Tenant (except in an emergency) make the required repairs and replacements and the costs of such failure repair or refusal and Landlord’s costs replacements shall be reimburseable charged to Tenant as Additional Rent and shall become due and payable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding with the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord monthly installment of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestBase Rent next due hereunder.

Repairs by Tenant. Subject to Section 5.3 hereof, Tenant shall, at its own cost and expense, keep the Leased Premises and all Leasehold Improvements in a good and presentable condition, normal wear and tear excepted and, subject to any casualty or condemnation not required to be repaired by Tenant and any janitorial services to be provided by Landlord pursuant to Section 3.1(a)(iv) hereof. Notwithstanding the foregoing, if any of the repairs Tenant is obligated to make pursuant to this Section 5.4 affect the connections of the life safety systems and fire alarm systems in the Base Building and all other repairs that affect connections into a Base Building System or the structural integrity of the Project shall be completed by Landlord at Tenant's sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work including the payment to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side Landlord of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed a cost recovery fee in accordance with Exhibit K only on that portion of the rules and procedures described in Section 5.2 hereofcost of the repairs which are related to the Base Building, Base Building Systems or the structural integrity of the Project. Upon termination of this Lease, Tenant will surrender and deliver In addition to the Leased Premises other remedies available to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of if Tenant fails to commence any repairs Tenant is obligated under this Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse 5.4 to make to the Leased Premises and the Leasehold Improvements within thirty (30) days after written notice from Landlord to Tenant and, thereafter, diligently proceed with such repairsrepair work until completion, refurbishings or replacements or perform said maintenance as and when reasonably required, then Landlord may, at its option, but without make such repairs or any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing replacements deemed necessary by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify pay to Landlord of the need for any such repair and maintenance and on demand Landlord's actual cost thereof, plus a fee to Landlord shall endeavor to respond timely to each such request.in accordance with Exhibit K.

Repairs by Tenant. Tenant shall, at its sole own cost and expense, promptly perform repair or replace (utilizing contractors reasonably approved by Landlord in advance in writing) any damage or injury done to Tenant’s leasehold improvements or alterations, or any part thereof, and any damage or injury caused by Tenant or Tenant’s agents, contractors, employees, invitees or visitors. Tenant shall also, at Tenant’s sole expense, repair and maintain, or cause to be repaired and maintained (utilizing contractors reasonably approved by Landlord in advance in writing), all maintenance, repairs, refurbishing and replacement work non-structural leasehold improvements to the Leased Premises that are not Landlord’s express responsibility under this Leaseand all electrical, plumbing, heating, ventilation, air conditioning, sprinklers and shall keep life safety systems in and serving the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) from the interior side point of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for connection to the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearBuilding systems. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredany other repairs or replacements required to its Leased Premises promptly, Landlord may, at its Landlord’s option, but without make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord within thirty (30) days of receipt of an invoice therefor plus an administrative charge of five percent (5%). Any damage or injury to the base Building or its systems (as opposed to those involving only Tenant’s leasehold improvements or alterations) and (notwithstanding the foregoing) any obligation damage or injury to do soTenant’s leasehold improvements or alterations which affects the Building’s structural components or major mechanical, cure such failure electrical or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rentplumbing systems, caused by Tenant, immediately upon invoicing its agents, contractors, employees, invitees or visitors but not to the extent caused by Landlord or other tenants of the Project, shall be repaired or replaced by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, but at Tenant’s repair and maintenance obligations with respect expense plus an administrative charge equal to the Leased Premises. Tenant shall notify Landlord five percent (5%) of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestexpense.

Repairs by Tenant. Tenant shall, at its sole own cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located all leasehold improvements in the Leased Premises or other portions of in as good a condition as the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed thereof on the Commencement Date, subjectnormal wear and tear excepted, and shall perform all repairs, alterations, physical additions and improvements required to or in respect of the Leased Premises by any existing or future federal, state, municipal or local governmental law, code, ordinance, rule or regulation; provided, however, that this Section shall not obligate Tenant to (i) make any repairs, alterations, physical additions or improvements to the provisions of Article VI hereofProperty's structural components to the extent, (ii) the alterations permitted pursuant if any, to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse which Landlord is obligated to make such repairs, refurbishings alterations, physical additions or replacements improvements pursuant to Sections 5.02, 6.01 or perform said 6.03. Tenant shall be responsible for the repair and maintenance of all non-standard plumbing, mechanical and electrical equipment in or serving the Leased Premises including private toilets, lavatories, wetbars, appliances and special HVAC systems. All repairs, alterations, improvements and other work by Tenant shall be performed by duly licensed contractors approved by Landlord, and such contractors shall carry liability and other insurance as approved by Landlord at all times during the (i) terms of their contracts, and when reasonably required(ii) the performance of their work. If Tenant fails to commence any repairs or other work which Tenant is required to do under this Section within ten (10) days after written notice from Landlord to Tenant, or if Tenant fails to thereafter diligently prosecute such repairs or other work until completion in accordance with all Applicable Laws, codes, ordinances, rules and regulations, Landlord may, at its option, but without any obligation to do somake such repairs or perform such other work, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify pay to Landlord on demand Landlord's cost thereof plus a charge of the need fifteen percent (15%) for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestadministrative cost recovery.

Repairs by Tenant. 12. (a) Tenant shallaccepts the Premises in their present condition and as suited for the Permitted Use and Tenant’s intended purposes. Tenant, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to throughout the Leased Premises that are not Landlord’s express responsibility under initial term of this Lease, and any extension or renewal thereof, at its expense, shall keep the Leased Premises maintain in good condition order and repair the Premises, (except those repairs expressly required to be made by Landlord hereunder), specifically including but not limited to any building and other improvements located thereon, all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Tenant further agrees to care for the grounds around the building, including the mowing of grass, care of shrubs and general landscaping. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the contractor as to any repairs in excess of $ .  If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) in good order and repair, reasonable wear including but not limited to replacement of parts, compressors, air handling units and tear exceptedheating units. TenantProvided that Tenant shall have obtained Landlord’s prior written approval of the contractor and the repair obligations include repairs to: or replacement expenses for heating, ventilation and air conditioning equipment, Tenant shall not be liable for more than $ (aper occurrence) floor coveringor $ (annually), (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Landlord shall reimburse Tenant for the exclusive benefit of Tenant and located amount in the Leased Premises or other portions excess of the Buildingstated amount upon the written request of Tenant.  If this box is checked, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord mayLandlord, at its optionexpense, shall maintain the heating, ventilation and air conditioning system(s) in good order and repair, including but without any obligation not limited to do soreplacement of parts, cure such failure compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord an amount up to $ (per occurrence) or refusal $ (annually), and Landlord’s costs shall Landlord be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding responsible for the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to amount in excess of the Leased Premisesstatement amount. Tenant shall notify reimburse Landlord for the amount in excess of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requeststated amount upon the written request of Landlord.

Repairs by Tenant. Tenant will not, without Landlord's prior consent, ----------------- which consent shall not be unreasonably withheld or delayed by Landlord, make alterations, additions or improvements to the Premises in excess of Twenty-Five Thousand and No/100 Dollars ($25,000.00) for any single alteration, addition or improvement, nor do anything to or on the Premises which will increase the rate of fire or other insurance on the Building or the Property, nor do anything that shall affect the structural integrity or HVAC or other systems of the Building. With respect to any alteration for which Landlord's consent is not required hereunder, Tenant shall, at its sole cost nonetheless, deliver to Landlord as-built plans and expensespecifications with respect to any such work within thirty (30) days after the completion of such work. All alterations, promptly perform all maintenance, repairs, refurbishing and replacement work additions or improvements of a permanent nature made or installed by Tenant to the Leased Premises that are not Landlord’s express responsibility under shall become the property of Landlord at the expiration or early termination of this Lease. Landlord reserves the right to require Tenant to remove any improvements or additions made to the Premises by Tenant and to repair and restore the Premises to their condition prior to such alteration, and shall keep the Leased Premises in good condition and repairaddition or improvement, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringtear, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained unrepaired casualty not caused by Tenant, including related HVAC balancing. All Tenant’s work shall be performed and condemnation excepted, unless Landlord has agreed in accordance with writing, at or prior to the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, time Tenant will surrender and deliver requests the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse right to make such repairsalteration, refurbishings addition or replacements or perform said maintenance as and when reasonably requiredimprovement, Landlord may, at its option, but without any obligation to do so, cure that such failure or refusal and Landlord’s costs shall item need not be reimburseable removed by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding at the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord expiration or early termination of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestTerm.

Repairs by Tenant. Except as described in Section 19 above, Tenant shall, at its own cost and expense, maintain the Premises in good repair and in a neat and clean, first-class condition, including making all necessary repairs and replacements. Tenant shall also be responsible, at its sole cost and expense, promptly perform for maintenance and repair of all maintenanceimprovements, repairsfixtures, refurbishing systems and replacement work to equipment installed outside the Leased Premises that are not Landlord’s express responsibility under this Leasefor the exclusive use or benefit of Tenant or the Premises (including, and shall keep the Leased Premises in good condition and repairwithout limitation, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringany supplemental HVAC, (b) interior partitionselectrical, (c) doorslife-safety, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related fire protection or other systems or equipment that is installed by or for on behalf of Tenant), and Landlord shall have no obligation to maintain or repair any of the exclusive benefit same under any circumstances. Landlord may, but Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of Tenant and located in the Leased Premises or other portions of the BuildingBuilding or Property caused by Tenant or Tenant’s agents, (f) supplemental air conditioning unitsemployees, private showers and kitchensinvitees, licensees, visitors or contractors, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed but not limited to any repairs or replacements necessitated by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant, and (ii) the alterations permitted pursuant to this Lease, (iii) moving of any property into or out of the provisions of Section 5.3, and (iv) except for ordinary wear and tearPremises. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation upon prior reasonable notice to do so, cure Tenant (except in an emergency) make the required repairs and replacements and the costs of such failure repair or refusal and Landlord’s costs replacements shall be reimburseable charged to Tenant as Additional Rent and shall become due and payable by Tenant as additional rentwith the monthly installment of Base Rent next due hereunder. Tenant shall, by Tenantat its own cost and expense, immediately upon invoicing by Landlord. Notwithstanding enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment serving the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. The maintenance contractor and the contract must be approved in writing by Landlord in advance. The service contract shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty (30) days following the date Tenant shall notify Landlord takes possession of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestPremises.

Repairs by Tenant. Except as described in Section 20 above, Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition repair and repairin a neat and clean condition, reasonable wear including making all necessary repairs and tear exceptedreplacements. Tenant’s repair and maintenance obligations include include, without limitation, repairs to: (a) floor covering, coverings; (b) interior partitions, ; (c) doors, ; (d) the interior side of demising walls, ; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located Alterations (described in the Leased Premises or other portions of the Building, Section 22); (f) supplemental air conditioning units, private showers and kitchens, kitchens (including hot water heaters), plumbing plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by or on behalf of Tenant exclusivelyor are currently existing in the Premises (except to the extent such facilities are part of the Building systems, which shall be governed by Section 19 above) and (g) alterations performed Cable. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Building or Property caused by contractors retained by Tenant or Tenant’s agents, employees, invitees, licensees, visitors or contractors, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises but not limited to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to any repairs or replacements necessitated by (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant, and (ii) the alterations permitted pursuant to this Leasemoving of any property into or out of the Premises; at Landlord’s option, (iii) Landlord will perform such work and Tenant will pay Landlord the provisions of Section 5.3, and (iv) except for ordinary wear and tearcost thereof plus a commercially reasonable administrative fee. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin fifteen (15) days after notice from Landlord, Landlord may, at its option, but without any obligation upon prior reasonable notice to do so, cure Tenant (except in an emergency) make the required repairs and replacements and the costs of such failure repair or refusal and replacements (including Landlord’s costs administrative charge) shall be reimburseable by charged to Tenant as additional rent, Rent and shall become due and payable by Tenant, immediately upon invoicing by Landlord. Notwithstanding Tenant with the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord monthly installment of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestBase Rent next due hereunder.

Repairs by Tenant. Tenant shallcovenants and agrees with Landlord, at its sole Tenant's own cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to repair or replace any damage done to the Leased Premises that are not Landlord’s express responsibility under this Leaseor the Complex, or any part thereof, caused by Tenant or Tenant's agents, employees, or invitees. Such repairs shall restore the Premises or the Complex to the condition existing prior to such damage and shall keep the Leased Premises be effected in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance compliance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subjectall applicable laws; provided, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If if Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation make repairs or replacements, and Tenant shall pay the cost thereof to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant Landlord on demand as additional rent, . All improvements to the Premises or the Complex made by Tenant, either party shall immediately become the property of Landlord and shall remain upon invoicing by Landlordand be surrendered with the Premises as a part thereof at the end of the Lease Term. Notwithstanding the foregoing, Landlord agrees (i) if Tenant is not in default under this Lease, Tenant shall have the right to performremove, as Above Standard Services, Tenant’s repair and maintenance obligations with respect prior to the Leased expiration of the Lease Term, all movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant and (ii) Landlord shall have the right to require Tenant, at the end of the Lease Term, to remove all tenant improvements and fixtures installed by Tenant in the Phase I Space and the Phase II Space after the Phase I Commencement Date and the Phase II Commencement, respectively, at the sole cost of Tenant. Notwithstanding the foregoing, if Tenant so requests, Landlord will state in writing at the time of Landlord's approval of Tenant's proposed improvements to the Premises, which improvements Landlord will not require Tenant to remove at the expiration or earlier termination of this Lease. In the event that Landlord elects to require Tenant to remove improvements installed by Tenant, and Tenant fails to remove such improvements, Landlord may remove them at Tenant's cost, and Tenant shall notify pay Landlord on demand the cost of restoring the need for any Premises to their condition prior to the installation of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestimprovements.

Repairs by Tenant. Except as described in Article 19 above, Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition repair and repairin a neat and clean, reasonable wear first-class condition, including making all necessary repairs and tear exceptedreplacements. Tenant’s repair and maintenance obligations include include, without limitation, repairs to: (a) floor covering, coverings; (b) interior partitions, ; (c) doors, ; (d) the interior side of demising walls, ; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located Alterations (described in the Leased Premises or other portions of the Building, Article 21); (f) supplemental air conditioning units, private showers and kitchens, kitchens (including hot water heaters), plumbing plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by or on behalf of Tenant exclusively, or are currently existing in the Premises and (g) alterations performed Cable. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Building or Property caused by contractors retained by Tenant or Tenant’s agents, employees, invitees, licensees, visitors or contractors, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises but not limited to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to any repairs or replacements necessitated by (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant, and (ii) the alterations permitted pursuant to this Leasemoving of any property into or out of the Premises; at Landlord’s option, (iii) Landlord will perform such work and Tenant will pay Landlord the provisions of Section 5.3, and (iv) except for ordinary wear and tearcost thereof plus a commercially reasonable administrative fee. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin fifteen (15) days after notice from Landlord, Landlord may, at its option, but without any obligation upon prior reasonable notice to do so, cure Tenant (except in an emergency) make the required repairs and replacements and the costs of such failure repair or refusal and replacements (including Landlord’s costs administrative charge) shall be reimburseable by charged to Tenant as additional rent, Rent and shall become due and payable by Tenant, immediately upon invoicing by Landlord. Notwithstanding Tenant with the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord monthly installment of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestBase Rent next due hereunder.

Repairs by Tenant. The Tenant shallwill keep, maintain and preserve the Leased Premises in substantially the same condition the Premises are in as of the Beginning date, subject to the provisions of this Lease Agreement. When and if needed, at the Tenant's sole cost and expense, the Tenant will make all interior repairs and replacements including but not limited to interior walls, doors and windows, floors, floor coverings, light bulbs, plumbing fixtures, heating/air conditioning systems, hot water systems, and electrical fixtures. Tenant shall also make all repairs and replacements to Tenant's overhead garage and exterior pedestrian doors. The Tenant will also repair and replace at its sole cost and expenseexpense any broken windows and/or damage to the building or Premises caused by the Tenant or its employees, promptly perform all agents, guests or invitees during the Lease term hereof. Not withstanding any contrary or inconsistent provision of this Lease Agreement, Tenant shall not be responsible for any maintenance, repairs, refurbishing and repair or replacement work caused by or required due to the Leased Premises that are not negligence or willful misconduct of Landlord’s express responsibility under this Lease, its employees, agents, invitees or contractors, which maintenance, repairs and or replacements shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations promptly performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearat its expense. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without make such repairs or replacements, and Tenant shall repay the cost thereof to the Landlord as Additional Rent on demand. However, Tenant shall not suffer any obligation repair work costing over $5,000 to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable performed by Tenant as additional rent, by or Tenant, immediately upon invoicing by 's agents without Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request's prior written consent.

Repairs by Tenant. Tenant shallshall repair, at its sole cost maintain, replace as necessary, and expensekeep in good, promptly perform clean, and safe repair all maintenanceportions of the Premises and all equipment, repairsfixtures, refurbishing and replacement work to the Leased Premises that systems therein which are not Landlord’s express specifically set forth as the responsibility under of Landlord elsewhere in this Lease, and shall keep the Leased Premises in good condition and repair, reasonable ordinary wear and tear tear, damage by the elements, and casualty excepted. Tenant’s repair obligations include repairs toand replacements shall include, without limitation, all electrical, plumbing, heating and air conditioning systems, parts, components, and fixtures. In connection therewith, Tenant shall maintain in force at all times a maintenance contract for the heating, ventilation and air conditioning equipment: (a1) floor coveringreasonably acceptable in form and content to Landlord; (2) with a service organization reasonably acceptable to Landlord; and (3) providing for at least semi-annual maintenance of such equipment, and shall provide Landlord with a true copy of such maintenance contract. Tenant shall also promptly repair or replace all partitions and all glass and plate glass within or constituting a part of the Premises immediately when cracked or broken, unless caused by Landlord or Landlord’s employees or agents, and Tenant shall be liable for and shall hold Landlord harmless against all loss, cost, and damage (bincluding reasonable attorneys’ fees) interior partitionsarising from any damage or injury to the Premises or the Park or to any person or property caused or contributed to by any act or negligence of Tenant, (c) doorsany invitee, (d) the interior side of demising wallsagent, (e) electronicaffiliate, phone and data cabling and related equipment that is installed by customer or for the exclusive benefit client of Tenant and located or anyone in the Leased Premises Tenant’s control or other portions employ. Landlord gives to Tenant exclusive control of the Building, (f) supplemental air conditioning units, private showers Premises and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any under no obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding inspect the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify promptly report in writing to Landlord any defective conditions on the Premises known to Tenant which Landlord is required to repair, and failure to promptly report such defects after Tenant knows of the need defective conditions shall make Tenant liable to Landlord for any liability incurred by Landlord by reason of such repair defects, and maintenance Tenant indemnifies and holds Landlord harmless from and against all loss, costs and damage (including reasonable attorneys’ fees) arising from or related to Tenant’s failure to so report such defective conditions. In no event shall Tenant cause or allow any outside storage of trash, refuse, debris, or anything else on the Premises. All personal property of Tenant or Tenant’s employees, agents, affiliates or invitees located in or brought upon the Premises or any part of the Park shall be at risk of Tenant only, and Landlord shall endeavor not be liable to respond timely Tenant or any other party for any damage thereto or theft thereof resulting from any cause other than the willful negligence or intentional misconduct of Landlord, its officers, employees, or agents. If Tenant does not comply with this Section, Landlord shall have the right to each do or cause to be done all acts necessary to bring Tenant into compliance and bxxx Tenant for all costs involved. Tenant shall obtain all necessary governmental permits before making any renovations, improvements, alterations or additions to the Premises. Landlord agrees to cooperate with Tenant in obtaining such requestpermits. However, Landlord shall have no obligation to pay any fees or charges in connection therewith.

Repairs by Tenant. Except as described in Article 19 above, and subject to damage caused by Casualty or any Taking (which shall be governed by Articles 22 and 23 below) and damage caused by the Landlord Parties, Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep interior of the Leased Premises in good condition repair and repairin a neat and clean, reasonable wear first-class condition, including making all necessary repairs and tear exceptedreplacements. Tenant’s repair and maintenance obligations include include, without limitation, repairs to: (a) floor covering, coverings; (b) interior partitions, ; (c) doors, ; (d) the interior side of demising walls, ; (e) electronicAlterations (as defined in Article 21, phone and data cabling and related equipment that is installed by or for the exclusive benefit of including Tenant and located in the Leased Premises or other portions of the Building, Improvements); (f) supplemental air conditioning units, private showers and kitchens, kitchens (including hot water heaters), plumbing (other than Base Building plumbing in the restrooms located in the Premises), and similar facilities exclusively serving Tenant, whether such items are installed by or on behalf of Tenant exclusivelyor are currently existing in the Premises (except to the extent such facilities are part of the Building Systems, which shall be governed by Article 19 above) and (g) alterations performed Cable. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Building or Property caused by contractors retained by Tenant or Tenant’s agents, employees, invitees, licensees, visitors or contractors, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises but not limited to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to any repairs or replacements necessitated by (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant, and (ii) the alterations permitted moving of any property into or out of the Premises; at Landlord’s option, Landlord will perform such work and Tenant will pay Landlord the cost thereof plus a commercially reasonable administrative fee. All personal property brought into the Premises shall be at the risk of Tenant only and Landlord shall not be liable for theft thereof or any damage thereto occasioned by any acts of co-tenants, other occupants of the Building, or any other person. If Tenant fails to make any repairs or replacements required pursuant to this LeaseArticle 20 within thirty (30) days after notice from Landlord (or within such shorter period as Landlord may specify in the event of an emergency), provided, however, that if the nature of Tenant’s failure is such that more than thirty (iii30) the provisions of Section 5.3days are reasonably required for its cure, then Tenant shall promptly commence such cure within such thirty (30) day period and (iv) except for ordinary wear thereafter continuously and tear. If Tenant should fail or refuse diligently prosecute such cure to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, completion; then Landlord may, at its option, but without any obligation upon prior reasonable notice to do so, cure Tenant (except in an emergency) make the required repairs or replacements and the costs of such failure repairs or refusal and replacements (including Landlord’s costs reasonable administrative charge) shall be reimburseable by charged to Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair Rent and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair be due and maintenance and Landlord shall endeavor to respond timely to each such requestpayable within thirty (30) days following written demand.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant's cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not Landlord’s express caused by Landlord or that is not within the responsibility of Landlord under this LeaseLease or the Tenant Improvements Agreement, and any damage to the Complex, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (except that with respect to any such damage outside of the Premises or below floor coverings, above ceilings or behind walls or columns, such damage shall keep the Leased Premises in good condition be repaired by Landlord, and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Tenant shall reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions replacements, plus an administrative charge equal to ten percent (10%) of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination cost of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearsuch repairs or replacements. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements within thirty (30) days after receipt of written notice from Landlord, unless such repair or perform said maintenance as replacement requires more time and when reasonably requiredTenant commence the same within such 30-day period and diligently prosecutes the same to completion within a period not to exceed an additional ninety (90) days, Landlord may, at its Landlord's option, but without any obligation make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to do so, cure ten percent (10%) of the cost of such failure repairs or refusal and Landlord’s costs replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be reimburseable payable as additional Rent by Tenant as additional rentto Landlord within ten (10) days following Tenant's receipt of an invoice from Landlord. Notwithstanding anything contained herein to the contrary, if any such damage is covered by Landlord's insurance, in whole or in part, Tenant's liability under this Section 14 shall be limited to the deductible payable by Landlord and any portion of the cost of repairing such damage not covered by Landlord's insurance. In connection with repairs or replacements made by Tenant, immediately upon invoicing Tenant shall provide Landlord with a copy of the contractor agreement regarding such repairs, copies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, copies of "as-built" plans and specifications and other information or documentation reasonably required by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord including evidence of the need for any lien-free completion of such repair and maintenance and Landlord shall endeavor to respond timely to each such request.repairs or replacements. OFFICE LEASE AGREEMENT/EmCare, Inc. - Page 22

Repairs by Tenant. Tenant shall, upon the discovery of any defect in or injury to the Premises, or any need of repairs thereto, promptly report the same to Landlord in writing within two Business Days of each such occurrence or discovery specifying such defect, injury or need of repair. Landlord may (but shall never be obligated and shall have no liability for its failure to do so), upon Tenant's reasonable request thereof, at its sole Tenant's cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work repair or maintain any leasehold improvements in the Premises or repair damage in the Premises or to the Leased Premises Building or any other portion of the Property proximity caused by the negligence or wrongdoing of Tenant, or of its agents, employees, representatives, invitees, licensees or visitors pursuant to Tenant's agreement and undertaking to pay Landlord's costs plus ten percent (10%) to cover Landlord's overhead. If Tenant shall fail to reimburse Landlord for such repairs or replacements within fifteen (15) days following written notice from Landlord that are not the repair or replacement of the damage or injury has been completed, the costs of such repair or replacement (and included in such cost shall be Landlord’s express responsibility 's overhead) shall constitute a demand obligation owing by Tenant to Landlord payable within ten (10) days following invoice therefor by Landlord. Failure to timely pay said sums shall constitute default by Tenant under this Lease, . Tenant covenants and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment agrees that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of it will not injure the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusivelythe Premises or any portion of the Property but it will take the same care thereof which a reasonably prudent tenant would take of its leased premises, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon that upon expiration or termination of this Lease, Tenant Lease it will surrender and deliver up the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, subject to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary normal wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.tear INITIAL HERE TENANT INITIAL HERE LANDLORD Argyle 2006

Repairs by Tenant. Tenant accepts the Premises in its present “As-Is” condition and specifically acknowledges that the Premises is suited for the uses intended by Tenant. Tenant shall, at its sole own cost and expense, keep and maintain all aspects of the Premises, including the portions of the Buildings that comprise the Premises, in good order and repair, promptly perform making all necessary repairs and replacements, including, but not limited to, electrical, plumbing, sprinkler and HVAC repair and maintenance, repairsalarm and sprinkler system testing, refurbishing maintenance and repair, (ii) the maintenance repair, resurfacing and restriping of all parking areas, loading and unloading areas, trash areas, roadways, driveways, and walkways included within the Premises, (iii) maintaining any signage, (iv) painting of the portions of the Buildings comprising the Premises, (v) fence and gate repair and maintenance, (vi) the repair and replacement work of all lighting facilities, (vii) the repair, replacement and maintenance of all roofs, foundations and the structural soundness of the foundation and walls of the Buildings comprising the Premises, and (viii) the repair and maintenance of all equipment, facilities and components related to the Leased Premises that are Premises, including but not Landlord’s express responsibility under this Leaselimited to fixtures, walls (interior), finish work, ceilings, floors, utility connections and facilities, windows, glass, doors, and shall keep plate glass, downspouts, gutters, truck doors, dock levelers, bumpers, seals and enclosures, and termite and pest extermination. Tenant shall, in keeping the Leased Premises in good working order, condition and repair, reasonable wear exercise and tear exceptedperform good maintenance practices. Tenant shall maintain and shall provide Landlord with proof thereof, an annual service maintenance contract for the HVAC and sprinkler systems in a form and with contractors reasonably satisfactory to Landlord. Tenant’s repair 's obligations shall include repairs to: (a) floor coveringrestorations, (b) interior partitionsreplacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, (c) doorscondition and state of repair. Tenant agrees to return the Premises to Landlord at the expiration, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon prior to termination of this Lease, in as good condition and repair as when first received, normal wear and tear excepted, in accordance with Paragraph 23. Tenant will surrender and deliver the Leased Premises shall be permitted to Landlord implement its own reasonable security measures in the same condition in which the Leased Premises existed on the Commencement DatePremises, subjectsubject to prior approval by Landlord; provided, however, that Tenant shall provide Landlord with prior notice before implementing any new security measures that affect any portion of the Property outside of the Premises. Such security measures may not interfere with any other security measures implements by either Landlord or any of the other tenant’s of the Property and may not interfere with access to (i) the provisions to any of Article VI hereofthe Common Areas or any other portions of the Property other than the Premises, (ii) specifically including the alterations permitted pursuant roadways labeled “common access” on Exhibit “A-2” attached hereto. Notwithstanding anything to this Leasethe contrary herein, (iii) the provisions of Section 5.3Tenant acknowledges and agrees that it shall be solely responsible for providing adequate security for its premises, trucks and containers, and (iv) except its use of the Property and Premises thereof. Landlord shall have no responsibility to prevent, and shall not be liable to tenant, its agents, employees, contractors, visitors or invitees, for ordinary wear and tear. If Tenant should fail losses due to theft, burglary or refuse other criminal activity, or for damages or injuries to make such repairs, refurbishings persons or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, property resulting from Tenant’s repair storage of trucks and maintenance obligations with respect containers on the Premises, from persons gaining access to the Leased Premises. Tenant shall notify Landlord Premises or any part of the need Property, and Tenant hereby releases Landlord and its agents and employees from all liabilities for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestlosses, damages or injury, regardless of the cause thereof.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant's cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows, flooring above the floor slab and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable due to normal wear and tear excepted. and is not caused by Landlord, and any damage to Landlord’s Premises, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, Tenant’s repair obligations include repairs to: , guest, licensee or invitee of Tenant (a) except that with respect to any such damage outside of the Premises or below floor coveringcoverings, (b) interior partitionsabove ceilings or behind walls or columns, (c) doorssuch damage shall be repaired by Landlord, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Tenant shall reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions replacements, plus an administrative charge equal to ten percent (10%) of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination cost of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearsuch repairs or replacements). If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin thirty (30) days after receipt of written notice from Landlord, Landlord may, at its Landlord's option, but without any obligation make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to do so, cure ten percent (10%) of the cost of such failure repairs or refusal and Landlord’s costs replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be reimburseable payable as additional Rent by Tenant as additional rentto Landlord within ten (10) days following Tenant's receipt of an invoice from Landlord. Notwithstanding anything contained herein to the contrary, if any such damage is covered by Landlord's insurance, in whole or in part, Tenant's liability under this Section 14 shall be limited to the deductible payable by Landlord and any portion of the cost of repairing such damage not covered by Landlord's insurance. In connection with repairs or replacements made by Tenant, immediately upon invoicing Tenant shall provide Landlord with a copy of the contractor agreement regarding such repairs, copies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, copies of “as-built” plans and specifications and other information or documentation reasonably required by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord including evidence of the need for any lien-free completion of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestrepairs or replacements.

Repairs by Tenant. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work Subject only to the Leased Premises that are not Landlord’s express responsibility under this Leaseobligations of the Landlord set forth in Section 7.01 hereof, and the Tenant shall keep and maintain the Leased Demised Premises and every part thereof and any fixtures, facilities or equipment contained therein, in good condition and repair, reasonable wear including, but not limited to floors, the heating, air-conditioning, ventilating, fire protection, electrical, plumbing and tear exceptedsewer systems, the exterior door, security grilles, window frames and all portions of the store front area. Tenant’s repair obligations include repairs to: Tenant shall (a) floor coveringmake any routine and regularly scheduled repairs thereof, and (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone any non-routine and data cabling non-regularly scheduled repairs and related equipment that is installed by or maintenance and any replacements thereof. The Tenant shall at its expense contract with a reputable firm for the exclusive benefit of Tenant and located in the Leased Premises or other portions periodic servicing of the Buildingheating, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusivelyair-conditioning, and ventilation systems as recommended by the manufacturer of such equipment. The Tenant shall also at its expense maintain pest (gincluding termite) alterations performed by contractors retained by Tenantcontrol, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3inspection, and (iv) except for ordinary wear and teartreatment of the Demised Premises. If the Tenant should fail refuses or refuse neglects to make such repairscommence or complete any of the obligations above set forth promptly and adequately, refurbishings or replacements or perform said maintenance as and when reasonably required, the Landlord may, at its option, but without any obligation shall not be required to do so, cure such failure make or refusal complete any maintenance or repairs and Landlord’s costs the Tenant shall be reimburseable by Tenant pay the cost thereof to the Landlord upon demand as additional rent, rent hereunder. Alterations to the Demised Premises by Tenant, immediately upon invoicing by after the Rent Commencement Date hereof shall be made only with prior written consent of the Landlord and under Landlords control and supervision. However, the Landlord. Notwithstanding ’s consent shall not be unreasonably withheld or delayed in case of minor alterations to conform the foregoing, Landlord agrees Demised Premises to perform, as Above Standard Services, the use of Tenant’s repair and maintenance business. Regardless of any obligations with respect otherwise imposed upon Landlord, Tenant shall pay for the cost of any repairs or damage resulting from the negligence or the unlawful or willful acts of its employees, agents or invitees, except to the Leased Premisesextent covered by insurance required to be carried by Landlord hereunder. Further permission is hereby granted by Landlord to Tenant shall notify to upfit the Demised Premises by painting, redecorating or carpet replacement all at the expense of Tenant, it being understood and agreed that the Tenant takes and accepts the Demised Premises in their present condition “as is, where is” after inspection by Tenant and without representation or warranty by Landlord or any agent of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestLandlord.

Repairs by Tenant. Tenant shallshall maintain and repair the Leased and ----------------- keep the same in good condition. Tenant shall not be obligated to repair any damage (i) caused by Landlord or Landlord's Parties, at its sole cost (ii) covered by insurance maintained by Landlord and expensenot otherwise covered by insurance maintained or required to be maintained by Tenant hereunder, promptly perform (iii) covered and paid for by Landlord's contractor's and (iv) covered by Operating Expenses. Tenant's obligation shall include, without limitation, the obligation to maintain and repair all maintenancewalls, repairsfloors, refurbishing ceilings and replacement work fixtures and to repair all damage caused by Tenant or Tenant Parties to the Leased Premises that are not Landlord’s express responsibility under this Lease, utility outlets and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located other installations in the Leased Premises or other portions anywhere in the Project, whatever the scope of the Buildingwork of maintenance or repair required. Tenant shall repair all damage caused by removal of Tenant's movable equipment or furniture or the removal of any Tenant Extra Improvements or Alterations (hereinafter defined) permitted or required by Landlord, (fall as provided in Section 5.19. At the request of Tenant, Landlord shall perform the work of maintenance and repair constituting Tenant's obligation pursuant to this Section 5.05 and as an "extra service" to be rendered pursuant to Section 4.02.(e) supplemental air conditioning units, private showers at Tenant's sole cost and kitchens, expense including hot water heaters, plumbing the administration fee referred to therein. Any work of repair and similar facilities serving maintenance performed by or for the account of Tenant exclusively, and (g) alterations by persons other than Landlord shall be performed by contractors retained approved by Tenant, including related HVAC balancingLandlord prior to commencement of the work and in accordance with procedures Landlord shall from time to time establish. All Tenant’s such work shall be performed in accordance compliance with the all applicable laws, ordinances, rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, regulations and Tenant will surrender and deliver the Leased Premises shall provide to Landlord copies of all permits and records of inspection issued or obtained by Tenant in the same condition in which the Leased Premises existed on the Commencement Date, subjectconnection therewith to establish such compliance. Nothing herein contained, however, shall be deemed to (i) impose upon Tenant the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do soperform work of maintenance or repair required by reason of Landlord's negligence or wrongful acts or those of Landlord Parties. In performing the obligations under this Section, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of any repairs that could affect the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestmechanical, electrical, HVAC, life safety or other systems of the Building.

Repairs by Tenant. Except as otherwise specifically provided in this Lease, and except for latent defects, which cannot be discovered by ordinary reasonable visual inspection, Tenant shallaccepts the Premises in its present “As-Is” condition and specifically acknowledges that the Premises are suited for the uses intended by Tenant. Subject to the provisions of Paragraph 13, Tenant shall make any other desired or required improvements to the Premises. Except for the specific items that are Landlord’s responsibility pursuant to Xxxxxxxxx 00, Xxxxxx shall at its own cost and expense keep and maintain the Premises in good order and repair, promptly making all necessary repairs and replacements, including, without limitation, all fixtures within the Premises, ceilings, floors, non‑load-bearing interior walls, finish work, windows, glass and doors within the Premises, lighting fixtures, bulbs and ballasts within the Premises, utility connections and facilities within the Premises, plumbing and electrical systems within the Premises, termite and pest extermination, and damage to Common Areas caused by Tenant or by any Tenant Representative. Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Tenant’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Tenant shall be permitted to implement its own reasonable security measures in the Premises, subject to prior approval by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Any security implemented by Tenant shall not interfere with any security measures that might be implemented on the Property by Landlord. Notwithstanding anything to the contrary herein, Tenant acknowledges and agrees that it shall be solely responsible for providing adequate security for (A) the Premises, (B) any cars or other vehicles on the Property or in the Parking Facilities, and (C) Tenant’s use of the Property and Premises. Landlord shall have no responsibility to prevent, and shall not be liable to Tenant, to any Tenant Representative, or to any of their respective agents, employees, contractors, visitors or invitees, for losses due to theft, burglary or other criminal activity, or for damages or injuries to persons or property resulting from persons gaining access to the Premises or any part of the Property, and Tenant hereby releases Landlord and its agents and employees from all liabilities for such losses, damages or injury, regardless of the cause thereof, unless such losses, damage, or injury results from Landlord’s gross negligence or intentional misconduct. Tenant shall be responsible for complying with all laws applicable to the Property as a result of Tenant’s specific use of the Premises. Tenant shall be responsible, at its sole cost and expense, promptly perform for providing all maintenance, repairs, refurbishing and replacement work janitorial services to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. Except as described in Section 20 above, Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition repair and repairin a neat and clean, reasonable wear first-class condition, including making all necessary repairs and tear exceptedreplacements. Tenant’s repair and maintenance obligations include include, without limitation, repairs to: (a) floor covering, coverings; (b) interior partitions, ; (c) doors, ; (d) the interior side of demising walls, ; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located Alterations (as defined in the Leased Premises or other portions of the Building, Section 22); (f) supplemental air conditioning units, private showers and kitchens, kitchens (including hot water heaters), plumbing plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by or on behalf of Tenant exclusivelyor are currently existing in the Premises (except to the extent such facilities are part of the Building systems, which shall be governed by Section 20 above) and (g) alterations performed Cable. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Building or Property caused by contractors retained by Tenant or Tenant’s agents, employees, invitees or contractors, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises but not limited to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to any repairs or replacements necessitated by (i) the provisions construction or installation of Article VI hereofimprovements to the Premises by or on behalf of Tenant, and (ii) the alterations permitted moving of any property into or out of the Premises; at Landlord’s option, Landlord will perform such work and Tenant will pay Landlord the cost thereof plus a commercially reasonable administrative fee. If Tenant fails to make any repairs or replacements required pursuant to this Lease, Section 21 within fifteen (iii15) days after notice from Landlord (or within such shorter period as Landlord may specify in the provisions event of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably requiredan emergency), Landlord may, at its option, but without any obligation upon prior reasonable notice to do so, cure Tenant (except in an emergency) make the required repairs or replacements and the costs of such failure repairs or refusal and replacements (including Landlord’s costs administrative charge) shall be reimburseable by charged to Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair Rent and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair be due and maintenance and Landlord shall endeavor to respond timely to each such requestpayable within thirty (30) days following written demand.

Repairs by Tenant. Tenant shallshall keep the Premises neat and clean (including periodic rug shampoo and waxing of tiled floors and cleaning of blinds and drapes) and in such repair, order and condition as the same are in on the Term Commencement Date (but with respect to Premises B, the Premises B Commencement Date) or may be put in during the Term hereof, reasonable use and wearing thereof and damage by fire or by other casualty excepted. For purposes of this Lease, the terms “reasonable use and wearing”, “ordinary wear and use” (as referred to in Article 22 herein) and terms of similar meaning constitute that normal, gradual deterioration which occurs due to aging and ordinary use of the Premises despite reasonable and timely maintenance and repair, but in no event shall the aforementioned terms excuse Tenant from its duty to keep the Premises in good maintenance and repair or otherwise usable, serviceable and tenantable as required in the Lease. Tenant shall be solely responsible for the proper maintenance of all equipment and appliances operated by Tenant, including, without limitation, all refrigerators, coolers, ventilators and hoods, clean areas, and specialty and/or laboratory equipment. Tenant shall maintain (in good working order and repair and in accordance with the applicable manufacturer’s warranty guidelines), repair and/or replace all systems installed by or on behalf of Tenant or exclusively serving the Premises, including, without limitation any heating and/or air conditioning systems exclusively serving the Premises (except as otherwise expressly set forth in Section 8.7, above). In connection with Tenant’s obligations hereunder, Tenant shall enter into and maintain contracts with service and maintenance contractors reasonably approved by Landlord providing for, without limitation, regularly scheduled (monthly or quarterly as reasonably determined by Landlord) preventive maintenance/service contracts with respect to any heating, ventilation and air conditioning equipment and systems and other Building systems installed by Tenant or exclusively serving the Premises to maintain same in good working order and repair and in accordance with the applicable manufacturer’s warranty guidelines (including without limitation, any heating and/or air conditioning systems exclusively serving the Premises). Without limiting the foregoing, with respect to the two (2) air handlers initially installed by Landlord and exclusively serving Premises A (but not the common laboratory facilities) (each an “Air Handler”): (a) in the event any repairs are required to an Air Handler which requires structural work on the Building, Landlord shall perform such repairs and Tenant shall reimburse Landlord its reasonable out-of-pocket fees, costs and expenses incurred therefor within thirty (30) days of Landlord’s invoice therefor; and (b) in the event a replacement is required to an Air Handler, Landlord shall perform said replacement and Tenant shall reimburse Landlord for a percentage of its reasonable out-of-pocket fees, costs and expenses incurred therefor within thirty (30) days of Landlord’s invoice therefor, which percentage shall be calculated by dividing the number of days remaining in the Term by the useful life of the replacement Air Handler, as reasonably determined by Landlord; provided, however, (i) in the event any such replacement is required because of the negligence or willful misconduct of Tenant, or its employees, agents or contractors, or because of Tenant’s failure to maintain all or any portion of such Air Handler as required herein, then such percentage shall instead equal one hundred percent (100%); and (ii) in the event the Term of the Lease is thereafter extended (whether by an exercise of any of Tenant’s extension rights expressly granted herein or by mutual agreement of the parties), concurrent with the exercise of such extension or the execution of an amendment so extending the Term, as the case may be, Tenant shall make an additional payment to Landlord to reflect the increase to such percentage resulting from the extended Term. For clarity, and subject to the terms of Article 4 above, Tenant hereby approves the specification(s) for the initial Air Handlers set forth on Exhibit 14 attached hereto. Tenant shall keep the Premises equipped with all safety appliances required by law or ordinance or any other regulation of any public authority because of any use made of the Premises. Tenant shall make, as and when needed as a result of misuse by, or neglect or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, invitees, or licensees or otherwise, all repairs in and about the Premises necessary to preserve them in such repair, order and condition, which repairs shall be in quality and class equal to the original work. In the event of any damage or injury to the Building or the Premises caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or Tenant’s servants, employees, agents, contractors, or licensees, Landlord shall repair the same and Tenant shall reimburse Landlord’s out-of-pocket costs thereof within thirty (30) days of invoice therefor or, at its Landlord’s election by written notice to Tenant, Tenant shall repair the same at Tenant’s sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. Tenant shallshall keep by routine maintenance, repair, and replacement, at its sole cost and expense, promptly perform the interior of the Premises, together with the storefront, plate glass, and all maintenancedoors and windows of the Premises, repairsand all electrical (whether or not located within the Premises), refurbishing and replacement work plumbing (including free flow up to the Leased Premises that are not Landlord’s express responsibility under this Leaseconnection to the main sewer line), heating, ventilating, air conditioning, and shall keep any other mechanical installations serving the Leased Premises or located therein, whether or not in or under the floor slab or on the roof of the Premises, in good condition and working order. Tenant shall keep sufficient heat in the Premises at all times to prevent pipes from freezing. Tenant shall perform all repairs and alterations required by any governmental agency, including but not limited to, The Americans With Disabilities Act and its supporting regulations, as they may be amended, as well as all other maintenance and repairs not specifically set forth herein as an obligation of the Landlord. Tenant agrees to employ a suitable contractor approved by Landlord to perform Tenant's obligations for maintenance of the heating, cooling, and ventilating units of the Premises, including periodic inspections and cleaning of the system together with such servicing as each such inspection shall disclose, or as shall otherwise be reasonably required by Landlord. Tenant shall clean any snow and ice from the sidewalks contiguous to the Premises. In the event Tenant fails to perform its maintenance, repair, reasonable wear and tear excepted. Tenant’s repair or replacement obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably requiredprovided herein, Landlord may, at its option, but without any obligation to do so, cure perform such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by remedial action on behalf of Tenant, immediately and Tenant agrees to pay to Landlord, as Additional Rent, the cost thereof plus fifteen percent (15%) overhead promptly upon invoicing demand by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. Subject to the provisions of Paragraphs 18 and 23 hereof, Tenant shallagrees to maintain the Demised Premises and the fixtures therein in good order, repair and condition, during the Term at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work expense except to the Leased Premises extent that damage thereto is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors, and will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (except only Tenant's Personal Property) in the same good order, repair and condition as they are not Landlord’s express responsibility under now in or shall be in at the Lease Commencement Date, except as repaired, rebuilt, restored, altered or added to as permitted or required by this Lease, and shall keep the Leased Premises in good condition and repair, reasonable ordinary wear and tear and damage by casualty covered by the insurance that Landlord is required to maintain hereunder or which Landlord has in force and effect at the time of such casualty excepted. Tenant’s repair obligations include Tenant shall make all repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) to the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed Demised Premises necessitated by any act or for the exclusive benefit omission of Tenant or its agents, employees, or invitees, except to the extent covered by the policies of insurance which Landlord is required to carry hereunder or which Landlord has in force and located in effect at the Leased time. In addition, all damage to the Demised Premises or other portions of the Building, (f) supplemental air conditioning unitscaused by moving the property of Tenant into, private showers in or out of the Building and kitchensall breakage, including hot water heatersdamage or injury done by Tenant or the agents, plumbing and similar facilities serving servants, employees, invitees, visitors or guests of Tenant exclusivelycaused by the negligence or willful misconduct of Tenant or any of its agents, and (g) alterations performed by contractors retained servants, employees or visitors shall be repaired by Tenant, including related HVAC balancingat the sole cost and expense of Tenant, but only if and to the extent that such damage is not of the type covered by any casualty insurance which Landlord is required to carry under this Lease or which Landlord has in force and effect at the time. All Tenant’s work In the event Tenant shall be performed in accordance with fail to do so after written notice from Landlord, then Landlord shall have the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse right to make such repairs, refurbishings necessary repairs or replacements alterations and any charge or perform said maintenance as and when reasonably required, cost so incurred by Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable paid by Tenant as Additional Rent. This provision shall be construed as an additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, remedy granted to Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify not in limitation of any other rights or remedies which Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requesthas or may have in said circumstances.

Repairs by Tenant. Except for those repairs required by Landlord as stated above, Tenant shallshall be responsible for all other maintenance and repairs to the Premises. Without limiting the foregoing, Tenant shall keep the interior of the Premises, together with the storefront and all doors of the Premises, and all electrical, plumbing, and any other mechanical installations serving the Premises or located therein, whether or not in or under the floor slab or on the roof of the Premises, in good working order and repair, at its sole cost expense. Tenant agrees to employ a suitable contractor approved by Landlord to perform Tenant's obligations for maintenance of the heating, cooling, and ventilating units of the Premises, including at least semiannual inspections and cleaning of the system together with such servicing as each such inspection discloses or as shall be reasonably required by Landlord. Tenant shall promptly repair, at its expense, promptly perform all maintenance, repairs, refurbishing and replacement work any damage to the Leased Premises that are not caused by bringing into the Premises any property for Tenant's use, or by the installation or removal or such property regardless of fault or by whom such damage may be caused, unless caused solely by the affirmative acts of negligence of Landlord’s express responsibility under this Lease, and shall keep its agents, or employees. In the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of event Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse fails to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its optionoption (but need not), but without any obligation make same, and Tenant agrees to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant pay Landlord as additional rent, by Tenant, immediately rent the cost thereof promptly upon invoicing demand by Landlord. Notwithstanding Tenant shall not overload the foregoingfloor slab, Landlord agrees to performelectric wiring, as Above Standard Servicesor utilities serving the Premises and shall install at Tenant's sole expense, after first obtaining Landlord's written approval, any additional electric wiring that may be required in connection with Tenant’s repair and maintenance obligations with respect to the Leased Premises's apparatus, equipment, or fixtures. Tenant shall notify keep the Premises in good, clean, and habitable condition and at its expense free of insects, rodents, vermin, and other pests. If Tenant does not make a required repair within ten (10) days after it receives Landlord's written notice, Landlord may make the repair without liability to Tenant for resulting loss or damage to Tenant's stock or business. In that case, Tenant shall pay to Landlord, upon demand and as additional rent under this Lease, the cost of repairs plus 15% per annum interest. Such interest shall accrue continuously from the need for any such repair and maintenance and date of payment by Landlord shall endeavor to respond timely to each such requestuntil repayment by Tenant.

Repairs by Tenant. Tenant shallcovenants and agrees with Landlord, at its sole Tenant's own cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to repair or replace any damage done to the Leased Premises that are not Landlord’s express responsibility under this Leaseor the Complex, or any part thereof, caused by Tenant or Tenant's agents, employees, or invitees. Such repairs shall restore the Premises or the Complex to the condition existing prior to such damage and shall keep the Leased Premises be effected in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance compliance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subjectall applicable laws; provided, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If if Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation make repairs or replacements, and Tenant shall pay the cost thereof to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant Landlord on demand as additional rent, . All improvements to the Premises or the Complex made by Tenant, either party shall immediately become the property of Landlord and shall remain upon invoicing by Landlordand be surrendered with the Premises as a part thereof at the end of the Lease Term. Notwithstanding the foregoing, Landlord agrees (i) if Tenant is not in default under this Lease, Tenant shall have the right to performremove, as Above Standard Services, Tenant’s repair and maintenance obligations with respect prior to the Leased Premises. Tenant shall notify Landlord expiration of the need for any such repair Lease Term, all movable furniture, furnishings and maintenance equipment installed in the Premises solely at the expense of Tenant and (ii) Landlord shall endeavor have the right to respond timely require Tenant, at the end of the Lease Term, to each such request.remove all tenant improvements and fixtures installed by Tenant in the Phase I Space and the Phase II Space after the Phase I Commencement Date and the Phase II Commencement, respectively, at the sole cost of Tenant. Notwithstanding the foregoing, if

Repairs by Tenant. (a) Tenant shall, at its sole own cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to maintain the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good and clean condition consistent with a first class office building, including all necessary repairs and repairreplacements. Tenant shall further, reasonable wear at its own cost and tear excepted. Tenant’s expense, repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises restore any damage or other portions injury to all or any part of the BuildingBuilding or the rest of the Property caused by Tenant or Tenant's agents, (f) supplemental air conditioning unitsemployees, private showers and kitchensinvitees, including hot water heaterslicensees, plumbing and similar facilities serving Tenant exclusivelyvisitors or contractor, and (g) alterations performed including, but not limited to, any repairs or replacements necessitated by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions construction or installation of Article VI hereofimprovement to the Premises by or on behalf of Tenant, (ii) the alterations permitted pursuant to this Leaseinstallation, use or operation of Tenant's property, or (iii) the provisions moving of Section 5.3any property into or out of the Premise; provided, and (iv) except for ordinary wear and tear. If however, if Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation to do so, cure make sure repairs or replacements and the costs of such failure repairs or refusal and Landlord’s costs replacements shall be reimburseable charged to Tenant as Additional Rent and shall become due and payable by Tenant as additional rentwith the monthly installment of Base Rent next due hereunder. (b) Tenant agrees that it will make full and prompt payment of all sums necessary to pay for the cost of all repairs, alterations, improvement, changes or other work done by the Tenant to the Premise, and further agrees to indemnify and save harmless the Landlord from and against any and all such costs and liabilities incurred by Tenant and against any and all mechanics', materialmen's or laborers' liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the leased building and premises. Notwithstanding anything appearing in this Lease, the interest of the Landlord in the Premises shall not be subject to liens for improvements or work made or done by the Tenant, immediately upon invoicing by Landlord. Notwithstanding whether or not same shall be made or done in accordance with an agreement between Landlord and Tenant, and it is agreed that in no event shall the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to or the Leased Premises. Tenant shall notify Landlord interest of the need Landlord in any of the Premises be liable for or subjected to any such repair mechanics', materialmen's or laborers' liens for improvements or work made or done by the Tenant, and maintenance and this lease expressly prohibits the subjecting of the interest of the Landlord shall endeavor in the leased premises to respond timely to each such request.any mechanics', materialmen's or laborers' liens for improvements made by the Tenant or for which the Tenant is responsible for payment under the terms of

Repairs by Tenant. Tenant Tenant, during the Lease Term or the term of any extension or renewal of this Lease, shall, at its sole cost and Tenant’s own expense, promptly perform make all maintenance, repairs, refurbishing and replacement work repairs as shall be necessary to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good condition and repair, reasonable normal wear and tear excepted. Tenant further agrees to repair promptly, at Tenant’s repair obligations include repairs to: (a) floor coveringown expense, (b) interior partitionsall damage or injury of whatever nature done to the Premises, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving or the Office Complex by Tenant exclusively, and (g) alterations performed or by contractors retained by Tenant, including related HVAC balancing. All any of Tenant’s work agents, employees, sublessees, licensees, invitees, guests or customers and, if Tenant fails to make any such required repairs, Landlord shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to entitled (ibut not obligated) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as repairs and when reasonably required, Tenant shall promptly reimburse Landlord may, at its option, but without any obligation to do so, cure for the costs and expense of such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, repairs immediately upon invoicing demand therefor by Landlord. Notwithstanding In doing any repairs or work of any nature in, to or about the foregoingPremises, Tenant shall give Landlord agrees to perform, as Above Standard Services, reasonable advance written notice of Tenant’s repair intention to make such repairs and maintenance obligations with respect to the Leased Premisesshall use only contractors or workmen approved by Landlord. Tenant shall notify promptly pay, bond, remove or otherwise discharge any and all liens, claims of lien or other charges arising out of or in connection with the performance of any repairs or work required of or permitted Tenant hereunder and shall keep the Premises, the Building, and the Office Complex free and clear of any and all such liens, claims of lien and charges. In addition, Tenant agrees to indemnify and hold Landlord of the need for harmless from and against any and all losses, costs, damages, claims or liabilities (including without limitation, reasonable attorney’s fees) arising from or in connection with any such repair and maintenance and Landlord shall endeavor to respond timely to each required or permitted repairs or work or any such requestlien, claim of lien or other charges.

Repairs by Tenant. Tenant shall, at its sole cost and expenseTenant's cost, promptly perform all maintenance, repairs, refurbishing and replacement work repair or replace any damage to the Leased Premises (including doors and door frames, interior windows and any kitchen equipment, such as dishwashers, sinks, refrigerators, trash compactors and plumbing and other mechanical systems related thereto) that are is not Landlord’s express caused by Landlord or that is within the responsibility of Landlord under this Leasethe Tenant Improvements Agreement, if any, and any damage to the Complex, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (except that with respect to any such damage outside of the Premises or below floor coverings, above ceilings or behind walls or columns, such damage shall keep the Leased Premises in good condition be repaired by Landlord), and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Tenant shall reimburse Landlord for the exclusive benefit cost of Tenant and located in the Leased Premises such repairs or other portions replacements, plus an administrative charge equal to five percent (5%) of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination cost of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearsuch repairs or replacements. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredwithin thirty (30) days after receipt of written notice from Landlord, Landlord may, at its Landlord's option, but without any obligation make such repairs or replacements, and Tenant shall reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to do so, cure five percent (5%) of the cost of such failure repairs or refusal and Landlord’s costs replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be reimburseable payable as additional Rent by Tenant as additional rentto Landlord within ten (10) days following Tenant's receipt of an invoice from Landlord. Notwithstanding anything contained herein to the contrary, if any such damage is covered by Landlord's insurance, in whole or in part, Tenant's liability under this Section 14 shall be limited to the deductible payable by Landlord and any portion of the cost of repairing such damage not covered by Landlord's insurance. In connection with repairs or replacements made by Tenant, immediately upon invoicing Tenant shall provide Landlord with a copy of the contractor agreement regarding such repairs, copies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, copies of "as-built" Tenant's Final Plans and other information or documentation reasonably required by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord including evidence of the need for any lien-free completion of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestrepairs or replacements. 0.15. Alterations, Additions, Improvements. 0.15.0.0.1. TENANT WILL MAKE NO ALTERATION, CHANGE, IMPROVEMENT, REPLACEMENT OR ADDITION TO THE PREMISES (COLLECTIVELY, "ALTERATIONS"), WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD. NOTWITHSTANDING THE FOREGOING, (i) TENANT MAY MAKE, WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, INTERIOR ALTERATIONS WHICH WILL NOT AFFECT, IN ANY WAY, THE MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIRE AND LIFE SAFETY AND/OR STRUCTURAL COMPONENTS OF THE BUILDING ("NON-STRUCTURAL ALTERATIONS"), SO LONG AS (A) TENANT PROVIDES LANDLORD PRIOR WRITTEN NOTICE THAT TENANT INTENDS TO MAKE SUCH NON-STRUCTURAL ALTERATIONS AND (B) SUCH NON-STRUCTURAL ALTERATIONS DO NOT, WITH RESPECT TO ANY GIVEN SET OF ALTERATIONS PERFORMED AT THE SAME TIME OR PURSUANT TO THE SAME CONTRACT, EXCEED THE SUM OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) AND (ii) LANDLORD SHALL NOT UNREASONABLY WITHHOLD OR DELAY ITS CONSENT TO NON-STRUCTURAL ALTERATIONS WHICH ARE GENERALLY CONSISTENT WITH THE OTHER TENANT IMPROVEMENTS WITHIN THE PREMISES. LANDLORD MAY, AT ITS OPTION, REQUIRE TENANT TO SUBMIT PLANS AND SPECIFICATIONS TO LANDLORD FOR APPROVAL PRIOR TO COMMENCING ANY ALTERATIONS. ALL ALTERATIONS (OTHER THAN NON-STRUCTURAL ALTERATIONS) SHALL BE PERFORMED BY A CONTRACTOR ON LANDLORD'S APPROVED LIST (A COPY OF WHICH MAY BE OBTAINED FROM THE BUILDING MANAGER). ALL ALTERATIONS SHALL BE DONE IN A GOOD AND WORKMANLIKE MANNER AND IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES, INCLUDING, BUT NOT LIMITED TO, TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990 OR TEX. CIV. STAT. ANN. XXT. 9102 (COLLECTIVELY, THE "DISABILITY LAWS") AND THE TEXAS ARCHITECTURAL BARRIERS STATUTE. TENANT SHALL REQUIRE THAT ANY CONTRACTORS USED BY TENANT CARRY A COMPREHENSIVE LIABILITY (INCLUDING BUILDER'S RISK) INSURANCE POLICY IN SUCH AMOUNTS AS LANDLORD MAY REASONABLY REQUIRE AND PROVIDE PROOF OF SUCH INSURANCE TO LANDLORD PRIOR TO THE COMMENCEMENT OF ANY ALTERATIONS. TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT. ALL PERSONS PERFORMING WORK IN THE BUILDING AT THE REQUEST OF TENANT SHALL REGISTER WITH THE BUILDING MANAGER PRIOR TO INITIATING ANY WORK. UPON COMPLETION OF ANY ALTERATIONS, TENANT SHALL PROVIDE LANDLORD WITH A COPY OF ITS BUILDING PERMIT, FINAL INSPECTION TAG AND, IF PLANS AND SPECIFICATIONS WERE REQUIRED BY LANDLORD, FINAL "AS BUILT" PLANS AND SPECIFICATIONS, TOGETHER WITH EVIDENCE OF THE LIEN-FREE COMPLETION OF SUCH ALTERATIONS. EXCEPT FOR THE INITIAL IMPROVEMENTS (WHICH SHALL BE GOVERNED BY THE TENANT IMPROVEMENTS AGREEMENT), ALL ALTERATIONS NOW OR HEREAFTER PLACED OR CONSTRUCTED ON THE PREMISES AT THE REQUEST OF TENANT SHALL BE AT TENANT'S COST. IF LANDLORD PERFORMS SUCH ALTERATIONS ON TENANT'S BEHALF, THE COST OF SUCH ALTERATIONS (PLUS A CONSTRUCTION MANAGEMENT FEE EQUAL TO FIVE PERCENT [5%] OF HARD COSTS) SHALL BE PAYABLE AS ADDITIONAL RENT BY TENANT TO LANDLORD WITHIN TEN (10) DAYS FOLLOWING TENANT'S RECEIPT OF AN INVOICE FROM LANDLORD. 0.15.0.0.2. UPON THE EXPIRATION OR EARLY TERMINATION OF THIS LEASE, TENANT MAY REMOVE ITS TRADE FIXTURES, OFFICE SUPPLIES AND MOVABLE OFFICE FURNITURE AND EQUIPMENT NOT ATTACHED TO THE BUILDING PROVIDED (1) SUCH REMOVAL IS MADE PRIOR TO THE TERMINATION OR EXPIRATION OF THE LEASE TERM; (2) TENANT IS NOT THEN IN DEFAULT IN THE TIMELY PERFORMANCE OF ANY OBLIGATION OR COVENANT UNDER THIS LEASE; AND (3) TENANT PROMPTLY REPAIRS ALL DAMAGE CAUSED BY SUCH REMOVAL. ALL OTHER PROPERTY AT THE PREMISES, ANY ALTERATIONS TO THE PREMISES, AND ANY OTHER ARTICLES ATTACHED OR AFFIXED TO THE FLOOR, WALL, OR CEILING OF THE PREMISES SHALL, IMMEDIATELY UPON INSTALLATION, BE DEEMED THE PROPERTY OF LANDLORD AND SHALL BE SURRENDERED WITH THE PREMISES AT THE TERMINATION OR EXPIRATION OF THIS LEASE, WITHOUT PAYMENT OR COMPENSATION THEREFOR. IF, HOWEVER, LANDLORD SO REQUESTS IN WRITING, TENANT WILL, AT TENANT'S SOLE COST AND EXPENSE, PRIOR TO THE TERMINATION OR EXPIRATION OF THE LEASE TERM, REMOVE ANY AND ALL TRADE FIXTURES, OFFICE SUPPLIES AND OFFICE FURNITURE AND EQUIPMENT PLACED OR INSTALLED BY TENANT IN THE PREMISES, AND ANY NON-BUILDING STANDARD ALTERATIONS (OTHER THAN THE INITIAL IMPROVEMENTS) INSTALLED BY TENANT OR INSTALLED BY LANDLORD AT TENANT'S REQUEST IN THE PREMISES AND WHICH LANDLORD DESIGNATED AS BEING SUBJECT TO REMOVAL AT THE TIME OF APPROVAL, AND WILL REPAIR ANY DAMAGE CAUSED BY SUCH REMOVAL.

Repairs by Tenant. Tenant shall, upon the discovery of any defect in or injury to the Premises, or any need of repairs thereto, promptly report the same to Landlord in writing within two Business Days of each such occurrence or discovery specifying such defect, injury or need of repair. Landlord may (but shall never be obligated and shall have no liability for its failure to do so), upon Tenant's reasonable request thereof, at its sole Tenant's cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work repair or maintain any leasehold improvements in the Premises or repair damage in the Premises or to the Leased Premises Building proximity caused by the negligence or wrongdoing of Tenant, or of its agents, employees, representatives, invitees, licensees or visitors pursuant to Tenant's agreement and undertaking to pay Landlord's costs plus ten percent (10%) to cover Landlord's overhead. If Tenant shall fail to reimburse Landlord for such repairs or replacements within fifteen (15) days following written notice from Landlord that are not the repair or replacement of the damage or injury has been completed, the costs of such repair or replacement (including Landlord’s express responsibility 's overhead) shall constitute a demand obligation owing by Tenant to Landlord, payable within ten (10) days following receipt of an invoice therefor by Landlord. Failure to timely pay said sums shall constitute default by Tenant under this Lease. Tenant covenants and agrees that it will not injure the Building or the Premises but it will take the same care thereof which a reasonably prudent tenant would take of its leased premises, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by upon expiration or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant Lease it will surrender and deliver up the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, subject to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary normal wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request.

Repairs by Tenant. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant hereby waives any and all warranties, express or implied, as to the Premises, including, without limitation, the implied warranty of suitability of the Premises for Tenant's intended use. Tenant shall, at its Tenant's sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises in good gOod condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringTenant shall, (b) interior partitions, (c) doors, (d) upon the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by expiration or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon sooner termination of this Lease, Tenant will surrender and deliver the Leased Premises to the Landlord in the same condition in which the Leased Premises existed on the Commencement Dategood condition, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and teartear and damage from causes beyond the reasonable control of Tenant excepted. Any injury or damage to the Premises or Project, or the appurtenances or fixtures thereof, caused by or resulting from the act, omission or neglect of Tenant or Tenant's employees, servants, agents, invitees, assignees, or subtenants shall be repaired or replaced by Tenant, or at Landlord's option by Landlord, at the expense of Tenant. If Tenant should fail fails to maintain the Premises or refuse fails to make such repairsrepair or replace any damage to the Premises or Project resulting from the negligence or intentional act of Tenant, refurbishings its employees, servants, agents, invitees, assignees or replacements or perform said maintenance as and when reasonably requiredsubtenants, Landlord may, at its optionbut shall not be obligated to cause such maintenance, but without any obligation repair or replacement to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to performdone, as Above Standard ServicesLandlord deems necessary, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify immediately pay to Landlord all costs related thereto, plus a charge for Landlord's overhead of the need for any five (5%) of such repair and maintenance and Landlord shall endeavor to respond timely to each such requestcost.

Repairs by Tenant. Tenant shall, at its all times during the term of this Lease and at Tenant’s sole cost and expense, promptly perform all maintenance, repairs, refurbishing maintain and replacement work to repair the Leased Premises that are not Landlord’s express responsibility and every part thereof (except only the parts for which Landlord is expressly made responsible under this Lease) and all equipment, fixtures and shall improvements therein (including windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the Leased Premises foregoing clean and in good condition order and repairoperating condition, reasonable ordinary wear and tear excepted. Tenant shall further, at its own cost and expense, repair or restore any damage or injury to all or any part of the Premises or the Property caused by Tenant or Tenant’s repair obligations include repairs to: (a) floor coveringagents, (b) interior partitionsemployees, (c) doorsinvitees, (d) the interior side of demising wallslicensees, (e) electronic, phone and data cabling and related equipment that is installed by visitors or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tearcontractors. If Tenant should fail or refuse fails to make such repairs, refurbishings repairs or replacements or perform said maintenance as and when reasonably requiredpromptly, Landlord may, at its option, but without any obligation upon prior reasonable written notice to do so, cure Tenant (except in an emergency) make the required repairs and replacements and the costs of such failure repairs or refusal and Landlord’s costs replacements shall be reimburseable charged to Tenant as Additional Rent and shall become due and payable by Tenant as additional rentwith the monthly installment of Base Rent next due hereunder. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for serving all hot water, heating and air conditioning systems and equipment within the Premises. The maintenance contractor and the contract must be approved in writing by TenantLandlord in advance. The service contract shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty (30) days following the Commencement Date. If Tenant replaces any part or component of the HVAC systems or equipment in the Premises and receives a warranty from the manufacturer or a guaranty by the installer, immediately upon invoicing by Tenant shall furnish a duplicate original of each such warranty and guaranty to Landlord. Notwithstanding Tenant shall, at the foregoingend of the term of this Lease, surrender to Landlord agrees to performthe Premises and all equipment, fixtures and improvements therein in the same condition as Above Standard Serviceswhen received, Tenant’s repair ordinary wear and maintenance obligations with respect tear excepted, subject to the Leased Premises. Tenant shall notify Landlord provisions of the need for any such repair Sections 23 and maintenance and Landlord shall endeavor to respond timely to each such request24 below.

Repairs by Tenant. Tenant shallagrees to maintain the Demised Premises and the fixtures therein in good order, repair and condition, during the Term at its sole cost and expense, promptly perform and will, at the expiration or other termination of the Term, surrender and deliver the same and all maintenancekeys, repairslocks and other fixtures connected therewith (except only Tenant's Personal Property) in the same good order, refurbishing repair and replacement work condition as they are now in or shall be in at the Lease Commencement Date, except as repaired, rebuilt, restored, altered or added to the Leased Premises that are not Landlord’s express responsibility under as permitted or required by this Lease, and shall keep the Leased Premises in good condition and repair, reasonable ordinary wear and tear for a ten (10) year lease term and major casualty events (other than those caused by the willful misconduct of Tenant) excepted. Tenant’s repair obligations include Tenant shall make all repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) to the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed Demised Premises necessitated by any act or for the exclusive benefit omission of Tenant and located in or its agents, employees, or invitees. In addition, unless covered by Landlord's insurance, all damage to the Leased Demised Premises or other portions of the Building, (f) supplemental air conditioning unitscaused by moving the property of Tenant into, private showers in or out of the Building and kitchensall breakage, including hot water heatersdamage or injury done by Tenant or the agents, plumbing servants and similar facilities serving employees of Tenant, and, to the extent covered by Tenant's insurance, the invitees, visitors or guests of Tenant exclusively, and (g) alterations performed by contractors retained shall be repaired by Tenant, including related HVAC balancingat the sole cost and expense of Tenant. All Tenant’s work In the event Tenant shall be performed in accordance with fail to do so after written notice from Landlord, then Landlord shall have the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse right to make such repairs, refurbishings necessary repairs or replacements alterations and any charge or perform said maintenance as and when reasonably required, cost so incurred by Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable paid by Tenant as Additional Rent. This provision shall be construed as an additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, remedy granted to Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify not in limitation of any other rights or remedies which Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requesthas or may have in said circumstances.

Repairs by Tenant. Except as provided in paragraph A of Section 8 above and elsewhere in this Lease and except for damages resulting from Landlord’s negligence or willful misconduct, Tenant will, at Tenant’s sole cost and expense, keep the Premises in good repair and condition at all times during the Term and Tenant shall promptly and adequately repair all damage to the. Premises and replace and repair all damaged or broken fixtures and appurtenances under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by the Landlord. Tenant acknowledges and agrees to keep in good order and repair, at Tenant’s sole cost and expense, the water pipes, sewer drains, lamps, bulbs, ballasts and starters, and any and all mechanical devices within the Premises, Tenant shall, promptly and at its sole expense, replace all glass on the Premises which may be broken with glass of the same size and quality as the glass broken. Tenant hereby acknowledges and agrees that a substantial portion of the Building’s HVAC systems and equipment are designed for Tenant’s process load (i.e., cleanroom applications etc.). Landlord and Tenant each acknowledge and agree that the only HVAC units not designed for Tenant’s process load are the units listed on Exhibit “E” attached hereto (the “Excluded HVAC Units”). Tenant acknowledges and agrees that it shall be responsible, at its sole cost and expense, promptly perform for the preventative maintenance and repair of the heating, ventilating and air-conditioning systems and equipment for the entire Building including the Excluded HVAC Units. Tenant further acknowledges and agrees that it shall be responsible, at its sole cost and expense, for the replacement of the heating, ventilating and air-conditioning systems and equipment for the entire Building with the exception of the Excluded HVAC Units. Upon the expiration of the Term or upon the termination of Tenant’s possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall have performed all the necessary preventative maintenance, repairsrepair, refurbishing and replacement work of the heating, ventilating and air-conditioning systems and equipment for the entire Building (with the exception of the replacement of the Excluded HVAC Units) and such shall be in good working order. If the Tenant fails to satisfy any of the Leased Premises that are not foregoing responsibilities, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s express responsibility under this Leaseinvolvement with such repairs and replacements forthwith upon being billed for same. Landlord may, and but shall keep not be required to, enter the Leased Premises in good condition and repair, at all reasonable wear and tear excepted. times (without unnecessary disturbance to Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings alterations, improvements and additions to the Premises or replacements to the Building or perform said maintenance to any equipment located in the Building as and when reasonably required, Landlord may, at its option, but without any obligation Shall desire or deem necessary or as Landlord may be required to do so, cure such failure by governmental authority or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestcourt order or decree.

Repairs by Tenant. Tenant accepts the Premises in its present “As-Is,” “Where Is” condition (except for the Tenant Improvements which are the responsibility of Landlord, if any), and specifically acknowledges that the Premises is suited for the uses intended by Tenant. Landlord shall not be liable for any latent or patent defects in the Premises, excepting Tenant Improvements constructed by Landlord, if any, pursuant to the Work Letter Agreement. Tenant acknowledges that Landlord has made no representation or warranty concerning the condition and state of repair of the Premises to the extent not constructed by Landlord. Tenant shall at its own cost and expense keep and maintain the Premises in good order and repair, promptly making all necessary repairs and replacements, including, but not limited to, all equipment and facilities and components thereof within the Premises, fixtures, walls (interior), finish work, ceilings, floors, within or exclusively servicing the Premises, termite and pest extermination, and damage to common areas caused by Tenant, excluding only those repairs expressly required to be made by Landlord hereunder. Tenant shall, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work subject to the Leased Premises that are not Landlord’s express responsibility under provisions of this Lease, be responsible for all cost to retrofit, operate and maintain the Computer Control Room (including but not limited to the maintenance and repair of the HVAC). Any and all construction, maintenance and/or repairs to be done by Tenant, its agents, employees, contractors and/or subcontractors pursuant to this Section which would be deemed an Alteration (as hereinafter defined), as reasonably determined by Landlord, shall keep comply with the Leased requirements of Section 13 of this Lease. Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform commercially reasonable wear and tear exceptedmaintenance practices. Tenant’s repair obligations shall include repairs to: (a) floor coveringrestorations, (b) interior partitionsreplacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, (c) doorscondition and state of repair. Tenant agrees to return the Premises to Landlord at the expiration, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon prior to termination of this Lease, Tenant will surrender in as good condition and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Daterepair as when first received, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary normal wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as tear and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal fire and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestother casualty excepted.

Repairs by Tenant. Tenant shall, at its sole cost shall be obligated to maintain and expense, promptly perform all maintenance, repairs, refurbishing and replacement work repair the Premises to the Leased Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Leased Premises same at all times in good order, condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringand, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions upon expiration of the BuildingTerm, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with to surrender the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises same to Landlord in the same condition in which the Leased Premises existed as on the Commencement Date, subjectreasonable wear and tear, howevertaking by condemnation, and damage that is Landlord’s responsibility under Section 5.5 not caused by Tenant, its agents, employees, contractors, invitees and licensees, excepted, and damage from casualty to improvements other than the Tenant Improvements and other improvements paid for from allowances provided by Landlord excepted. Tenant’s obligations shall include, without limitation, the obligation to maintain and repair all walls, floor coverings, ceilings and fixtures, and to repair all damage caused by Tenant, its agents, employees, contractors, invitees and others using the Premises with Tenant’s express or implied permission. Tenant, at Tenant’s sole cost and expense, shall enter into a contract with a vendor approved by Landlord to provide for periodic inspection and maintenance of any dedicated or supplemental heating, ventilating and/or air conditioning units or systems in the Premises, and shall maintain such contract in force throughout the Term of this Lease. Upon Landlord’s request, Tenant shall deliver a copy of such maintenance contract to Landlord, and shall at Landlord’s request made from time to time provide Landlord with copies of inspection and maintenance reports made pursuant to such contracts. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by contractors approved by Landlord and in accordance with such reasonable procedures as Landlord shall from time to time establish. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part of the Building’s mechanical, electrical, plumbing, life safety or other system servicing, located in or passing through the Premises. Tenant acknowledges that it is generally understood that mold spores are present essentially everywhere and that mold can grow in almost any moist location. Tenant acknowledges the necessity of good housekeeping, ventilation, and moisture control (iespecially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention, and execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to Tenant’s obligations under this Lease. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Landlord shall deliver the Premises free of mold or mildew, which Tenant shall verify to Tenant’s satisfaction by inspection or other means. Tenant relieves Landlord from any liability for any damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew in the Premises after the delivery of the Premises to Tenant. In the event of a conflict between the provisions of this Section 6.3 and the provisions of Article VI hereof13 below, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs Article 13 shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestcontrol.

Repairs by Tenant. Tenant shallTenant, at its sole cost and expense, promptly perform all maintenanceshall take good care of and maintain the Premises, repairsincluding, refurbishing and replacement work to the Leased Premises that are not Landlord’s express responsibility under this Leasewithout limitation, and shall keep the Leased Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringthe Initial Alterations and any Alterations, (b) interior partitionsthe package air conditioning unit(s) and the internal air distribution system located in and serving the Premises, (c) doorsthe internal electrical system servicing the Premises, (d) all plumbing fixtures and lines in and serving the interior side of demising wallsPremises to the point at which same join the vertical risers for the Building, (e) electronic, phone the life safety and data cabling and related equipment that is installed by or emergency power and/or any other systems to the point at which same join the main vertical risers for the exclusive benefit of Tenant Building and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning unitsTenant's Property; provided, private showers and kitchenshowever, including hot water heatersthat Tenant shall only be responsible for exterior or structural repairs if the need for same arises out of (i) the making, plumbing and similar facilities serving Tenant exclusivelyinstallation, and (g) alterations performed use, operation or existence of Alterations by contractors retained by or on behalf of Tenant, including related HVAC balancing(ii) the moving of Tenant's Property and/or other materials, supplies, etc. All in or out of the Building or the Premises, (iii) the negligence or wilful misconduct of Tenant or any other occupant of the Premises or any of Tenant’s work shall be performed in accordance with 's employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement DatePremises, subject, however, in the case of fire or other insured casualty, to (i) the provisions of Article VI hereofwaiver set forth in Section 17.04, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and or (iv) except for ordinary wear and tearTenant's compliance or noncompliance with Legal Requirements in accordance with Section 10.01. If Tenant should fail Any repairs to the Building or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be reimburseable performed by Tenant as additional rentLandlord at Tenant's expense (including a supervisory charge, by Tenantin addition to charges for general conditions, immediately upon invoicing equal to ten percent (10%) of the trade cost of such repairs and any other costs incurred by Landlord. Notwithstanding the foregoing), unless Landlord agrees elects by notice to perform, as Above Standard Services, Tenant to have Tenant perform such repairs at Tenant’s repair 's sole cost and maintenance obligations with respect to the Leased Premisesexpense. Tenant shall promptly notify Landlord of the need for structural repairs, repairs to the exterior (including exterior glass) of the Building, and/or repairs to any such repair and maintenance and Building Systems which are the responsibility of Tenant. Landlord shall endeavor be responsible to respond timely to each such requestmake repairs which are required as a result of Landlord or Landlord's employees (collectively, "Landlord's Agents").

Repairs by Tenant. Tenant shallagrees to maintain the Demised Premises and the fixtures, improvements and other property therein in a neat, clean and safe condition and in good order and repair, during the Term, at its sole cost and expense, promptly perform and shall, at the expiration or earlier termination of the Term, surrender and deliver up the same and all maintenancekeys, repairslocks and other fixtures connected therewith (except only office furniture and business equipment) in like good order, refurbishing repair and replacement work condition, as the same is now or shall be at the Lease Commencement Date, except as repaired, rebuilt, restored, altered or added to the Leased Premises that are not Landlord’s express responsibility under as permitted or required by this Lease, and shall keep the Leased Premises in good condition and repair, reasonable ordinary wear and tear excepted. Notwithstanding any other provision of this Lease which may limit Tenant’s repair obligations include repairs to: (a) floor coveringresponsibility for repair, (b) interior partitionsreplacement or maintenance of items which are within and serve the Demised Premises, (c) doorsbut subject to Sections 22 and 23, (d) all injury to the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Demised Premises or other portions of the Building, (f) supplemental air conditioning unitscaused by moving the property of Tenant into, private showers in or out of the Building and kitchensall breakage, including hot water heatersdamage or injury to the Demised Premises, plumbing and similar facilities serving Building or the Land caused by Tenant exclusively, and (g) alterations performed by contractors retained or any of Tenant’s Agents shall be repaired by Tenant, including related HVAC balancing. All at the sole cost and expense of Tenant, except that Landlord shall have the right, at Landlord’s work option if Tenant has not made such repairs within five (5) business days after notice to Tenant of such damage (the “Cure Period”) (except that in the event of emergency, no prior notice or Cure Period shall be performed in accordance with required and Landlord shall have the rules and procedures described in Section 5.2 hereof. Upon termination of this Leaseright to immediately cause any repair to be completed), Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings alterations and replacements (structural, nonstructural or replacements otherwise) at Tenant’s expense, with the right on the part of Landlord to elect in its discretion to regard the same as Additional Rent, in which event such cost or perform said maintenance as and when charge shall become Additional Rent payable not later than thirty (30) days following Tenant’s receipt of a reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlorddetailed statement with respect thereto. Notwithstanding the foregoing, if such damage is the type that cannot be repaired within five (5) business days, then provided Tenant begins such repair within such five (5) business day period and proceeds diligently and in good faith thereafter to cure such damage until completion, the Cure Period shall be extended by that period as is reasonably necessary to effect such repair (which extension shall not exceed thirty (30) days if Landlord agrees reasonably determines that such damage (i) affects other tenants or the operation of the Building or (ii) is not contained within the Demised Premises) to perform, make such repairs and to charge Tenant for all costs and expenses incurred in connection therewith as Above Standard Services, Tenant’s repair additional rent hereunder. The liability of Tenant for such costs and maintenance obligations with respect expenses shall be reduced by the amount of any insurance proceeds for which Landlord is entitled (or for which Landlord would have been entitled had Landlord obtained and maintained the insurance required pursuant to the Leased Premisesterms of this Lease) on account of such injury, breakage or damage. This right of Landlord to effect the repairs shall be construed as an additional remedy granted to Landlord and not in limitation of any other rights or remedies which Landlord has or may have in said circumstances. Tenant shall notify Landlord promptly of the need any injury, breakage or damage for any such repair which Tenant is liable hereunder and maintenance and Landlord shall endeavor to respond timely to each such requestof which Tenant has actual knowledge.

Repairs by Tenant. Tenant shall, throughout the Lease Term, at its sole cost and expense, promptly perform keep, maintain, repair and replace the Demised Premises in good order, condition and repair, including without limitation the Building, any and all maintenanceBuilding systems (including without limitation heating and air conditioning, plumbing, electrical, mechanical and all other equipment, components and systems [including but not limited to replacement thereof in whole or in part] which now or hereafter are a part of such Building), all doors, windows, glass and plate glass, common areas, sidewalks, and any and all other improvements now or hereafter located on the Parcel or in the Building, excepting only those repairs expressly required to be made by Landlord under Section 16 above. In the event Tenant fails to make said repairs, refurbishing then Landlord may, but shall not be obligated to, make such repairs, in which event Tenant shall promptly reimburse Landlord for all costs and replacement work expenses incurred thereby, together with interest thereon at the Default Rate, said costs, expenses and interest constituting Additional Rental hereunder. During the term of the Lease or any subsequent Renewal Periods, Tenant agrees to obtain a preventive maintenance agreement on all HVAC systems through a reputable licensed HVAC contractor. Landlord shall have the Leased right to inspect the agreement. Tenant agrees to surrender and return the Demised Premises that are not Landlord’s express responsibility under this Leaseto Landlord at the expiration, and shall keep or prior termination, of the Leased Premises Lease Term, in good condition and repair, reasonable normal wear and tear excepted. Tenant’s repair obligations include repairs to: (a) floor coveringtear, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone fire and data cabling and related equipment that is installed other casualty covered by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusivelySection 21 below, and (g) alterations performed condemnation covered by contractors retained by TenantSection 22 below, including related HVAC balancing. All Tenant’s work shall be performed all excepted, and in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of its obligations under this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to including without limitation this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s repair and maintenance obligations with respect to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such request17.

Repairs by Tenant. 12. (a) Tenant shallaccepts the Premises in their present condition and as suited for the Permitted Use and Tenant’s intended purposes. Tenant, at its sole cost and expense, promptly perform all maintenance, repairs, refurbishing and replacement work to throughout the Leased Premises that are not Landlord’s express responsibility under initial term of this Lease, and any extension or renewal thereof, at its expense, shall keep the Leased Premises maintain in good condition order and repair the Premises (except those repairs expressly required to be made by Landlord hereunder), specifically including but not limited to all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Tenant further agrees that it shall not use the Common Areas for storage or for the disposal of refuse or any other material. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the contractor as to any repairs in excess of $ .  If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) serving the Premises (“HVAC Systems”) in good order and repair, reasonable wear including but not limited to replacement of parts, compressors, air handling units and tear exceptedheating units. Tenant’s repair obligations include repairs to: (a) floor covering, (b) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or Provided thatTenant shall be required to maintain a preventive maintenance contract for the exclusive benefit HVAC Systems on terms and with a provider reasonably acceptable to Landlord, which contract shall call for at least semi-annual maintenance, inspection and repair of such HVAC Systems (“HVAC Contract”). Tenant and located in the Leased Premises or other portions shall provide a copy of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises Contract to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to annually. Provided that: (i) Tenant has kept the provisions of Article VI hereofHVAC Contract in force, and, (ii) Tenant shall have obtained Landlord’s prior written approval of the alterations permitted pursuant to this Leasecontractor and the repair or replacement expenses for heating, ventilation and air conditioning equipment, Tenant shall not be liable for more than $ (iiiper occurrence) the provisions of Section 5.3or $ (annually), and Landlord shall reimburse Tenant for the amount in excess of the stated amount upon the written request of Tenantthe HVAC Systems, then, for any calendar year, Tenant shall be responsible for the cost of repairing or replacing the HVAC Systems (ivor any major component thereof) except up to $ per HVAC System with a maximum repair or replacement cost of $ for ordinary wear all HVAC Systems (“HVAC Cap”) in such year. Tenant shall provide Landlord copies of all records related to the servicing, maintenance, repair, and tearreplacement of the HVAC Systems upon the occurrence of any service, maintenance, repair, or replacement of the HVAC Systems. Landlord shall be responsible for paying the repair cost or replacement cost of such HVAC System in excess of the HVAC Cap.  If Tenant should fail or refuse to make such repairsthis box is checked, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord mayLandlord, at its optionexpense, shall maintain the heating, ventilation and air conditioning system(s) serving the Premises (“HVAC Systems”) in good order and repair, including but without not limited to replacement of parts, compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord for the cost of repairing or replacing the HVAC Systems (or any obligation major component thereof) an amount up to do so$ ( per occurrence) or $ (annually), cure andHVAC System with a maximum replacement cost of $ for all HVAC Systems (“HVAC Cap”) in such failure or refusal and Landlord’s costs year. Landlord shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by Landlord. Notwithstanding responsible for the foregoing, Landlord agrees to perform, as Above Standard Services, Tenant’s amountpaying the repair and maintenance obligations with respect to cost or replacement cost of such HVAC System in excess of the Leased Premisesstated amount.HVAC Cap. Tenant shall notify reimburse Landlord for the amount of Tenant’s obligationthe HVAC Cap payable hereunder upon the need for any such repair and maintenance and Landlord shall endeavor to respond timely to each such requestwritten request of Landlord.

Repairs by Tenant. Throughout the Term Tenant shall, shall at all times and at its sole cost and expense, promptly perform put, keep, replace and maintain the Premises (including, without limitation, the roof, plumbing systems, electric systems and HVAC systems) in good repair and in good, safe and substantial order and condition, shall make all maintenancerepairs and replacements thereto, repairsboth inside and outside, refurbishing structural and replacement work to non-structural, ordinary and extraordinary, howsoever the Leased Premises that are necessity or desirability for repairs or replacements may occur, and whether or not Landlord’s express responsibility under this Leasenecessitated by wear, tear, obsolescence or defects, latent or otherwise, and shall keep use all commercially reasonable precautions to prevent waste, damage or injury. At its own cost and expense, Tenant also shall put, keep, replace and maintain, or cause to be put, kept, replaced and maintained in the Leased event that third parties are so obligated pursuant to the terms of agreements or declarations applicable to the Premises, all landscaping, signs, sidewalks, roadways, driveways and parking areas within the Premises in good repair and in good, safe and substantial order and condition and repairfree from dirt, reasonable wear standing water (other than resulting from a temporary weather condition), rubbish and tear exceptedother obstructions or obstacles. Tenant’s Tenant agrees not to defer any maintenance, repair obligations include repairs to: or replacement work constituting a Capital Improvement (aas hereinafter defined) floor covering, during the last twenty-four (b24) interior partitions, (c) doors, (d) the interior side of demising walls, (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Leased Premises or other portions months of the Building, (f) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively, and (g) alterations performed by contractors retained by Tenant, including related HVAC balancing. All Tenant’s work shall be performed in accordance with the rules and procedures described in Section 5.2 hereof. Upon termination of this Lease, Tenant will surrender and deliver the Leased Premises to Landlord in the same condition in which the Leased Premises existed on the Commencement Date, subject, however, to (i) the provisions of Article VI hereof, (ii) the alterations permitted pursuant to this Lease, (iii) the provisions of Section 5.3, and (iv) except for ordinary wear and tear. If Tenant should fail or refuse to make such repairs, refurbishings or replacements or perform said maintenance as and when reasonably required, Landlord may, at its option, but without any obligation to do so, cure such failure or refusal and Landlord’s costs shall be reimburseable by Tenant as additional rent, by Tenant, immediately upon invoicing by LandlordTerm. Notwithstanding the foregoing, if during the last twenty-four (24) months of the Term, Landlord agrees shall require Tenant to performperform a Capital Improvement, as Above Standard Services, which exceeds Tenant’s reasonable repair and maintenance obligations as contained in this Lease, then the cost of any item of maintenance, repair or replacement required by Landlord hereunder that constitutes such Capital Improvement shall be amortized over the useful life of such item (based on engineering specifications, or if such engineering specifications are not available, based on the mutual agreement of Landlord or Tenant, with respect disputes being subject to the Leased Premises. Tenant shall notify Landlord of the need for any such repair and maintenance arbitration) and Landlord shall endeavor reimburse Tenant for the unamortized portion thereof that extends beyond the expiration of the Term. The term “Capital Improvement” shall mean any maintenance, repair or replacement, the cost of which would be characterized as a capital expense under GAAP (as hereinafter defined). Notwithstanding anything to respond timely the contrary stated herein, if (i) Landlord reimburses Tenant for the unamortized portion of any Capital Improvement, in accordance with this Section 9.1, and (ii) Tenant exercises an Option to each extend the Lease beyond the Term contemplated at the time such requesttwenty-four (24) month period was calculated, Tenant shall immediately refund to Landlord any such reimbursement actually paid by Landlord to Tenant, to the extent such reimbursement equals the unamortized cost of such Capital Improvement during the term of any Option Period actually exercised by Tenant.