Common use of REPAIRS; FLOOR LOAD Clause in Contracts

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions structural elements of the Building, both exterior and interiorincluding but not limited to, the roofs, foundations, and the structural elements curtain walls thereof, including the roofBuilding Systems serving the Building up to the point of connection to the Premises, foundation and curtain wallshall perform all maintenance and repairs of exterior of the Building, all common areas, landscaping surrounding the Building and its drives, walks and, except as expressly provided herein, parking areas and to keep and maintain the parking areas, drives, entrances and sidewalks clean and free of any unsafe conditions, including, holes, ice and debris. Tenant, at Tenant’s expense, shall take good care of the Premises, Premises Equipment, Tenant’s Property, Tenant’s Alterations and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and obsolescence, damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112 and that for which Landlord is responsible pursuant to this Lease. Notwithstanding the foregoing, subject to Section 11.3 hereof, all damage or injury to the Premises, Premises Equipment or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the reasonable satisfaction of Landlord (Landlord, if the required repairs are non-structural and structural, do not affect any Building System)System and may be performed entirely within the Premises or any portion of the Building not occupied by any other tenant or occupant, or (b) in all other instances, by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building Building, Premises and the Premises Equipment caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs by Tenant shall be of good quality or class materials and workmanship at least equal to the original work or construction. If Tenant fails after fifteen thirty (1530) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten thirty (1030) days after rendition of a xxxx or statement therefor. Section 5.2 6.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such workLaws. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roofroof in conformance with the standards of non-institutional office buildings in Manhattan comparable to the Building. Tenant shall, foundation and curtain wall. Tenantthroughout the Term, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant’s sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant’s agentsservants, employees employees, invitees or licensees, shall be repaired promptly by Landlord at Tenant’s sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Propertyfixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days’ notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make Tenant or if such repairs are structural in nature or affect a Building system, the same may be made by Landlord, at the expense of Tenant, Tenant and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, shall be collectible by Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machines, freight, bulky matter or fixtures into or out of the Building without machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s prior consentjudgment to absorb and prevent vibration, noise and annoyance. If such safeExcept as provided in Article 10 hereof, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference If the Premises are or become infested with vermin, Tenant, at Tenant’s access expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and use shall employ such exterminators and occupancy of the Premises in making such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, freightnoise and annoyance. Except as expressly provided in Article 10 hereof, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereofportions of the Building, including the roofroof of the Building and all Building Systems up to their point of entry to the Premises in a manner reasonably consistent with other class “A” office properties in New York City. Tenant shall, foundation and curtain wall. Tenantthroughout the Term, at Tenant’s expense, shall take good care of the Premises Premises, the fixtures and appurtenances therein and the fixtures, systems, equipment and appurtenances thereinBuilding Systems located in the Premises, and at Tenant’s sole cost and expense, make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant to under the provisions terms of Articles 10 and 11this Lease excepted. Notwithstanding the foregoingIn addition, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or any Alterations made by Tenant, TenantTenant or any Tenant Party’s agents, employees acts or licenseesomissions, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s PropertyLandlord. All of such the aforesaid repairs shall be of quality or and class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to construction and shall be made by Tenant, Landlord may make such repairs at in accordance with the expense provisions of Tenant, and Article 4 hereof. Tenant shall pay give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machines, freight, bulky matter or fixtures into or out of the Building without machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s prior consentreasonable judgment to absorb and prevent vibration, noise and annoyance. If such safeExcept as may be expressly provided herein, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference If the Premises be or become infested with vermin, Tenant, at Tenant’s access expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and use shall employ such exterminators and occupancy of the Premises in making any repairs, alterations, additions such exterminating company or improvements; provided, however, that Landlord companies as shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeverbe approved by Landlord. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. Tenant, at Tenant’s sole cost and expense, during the Term shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein (including any air-conditioning units exclusively serving the existing server room of the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems, except that Tenant shall maintain the fire and 11life safety system components (“Class E System”) within and exclusively servicing the Premises by entering into a maintenance contract with the Building’s Class E System contractor. The design and decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord subject to the terms of this Lease. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with new materials and design of class and quality or class equal to consistent with comparable office buildings in Manhattan and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days Business Days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises. Section 5.2 7.2. Tenant shall not place a load upon any floor of the Premises exceeding which exceeds the floor load per square foot which “live load” that such floor was designed to carry and which is allowed by lawcarry. Tenant shall not locate or move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld, and Tenant shall make payment to Landlord of Landlord’s costs in connection therewith (if such move is not part of an Alteration). If such safe, machinery, equipment, freight, bulky matter or fixtures fixture requires special handlinghandling (as determined by Landlord), Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 5.3 There 7.3. As of the commencement date of the Sublease, Landlord shall ensure that all Building Systems (including the HVAC System and the Class E System) serving the Premises shall be no allowance in good working order. Landlord shall operate, maintain and make all necessary repairs (both structural and non-structural) to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or Systems (including any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, or other than the units serving the existing server room and other than any supplemental units hereafter installed by Tenant) and the common areas and other public portions of the Building, both exterior and interior, in or conformance with standards applicable to fixturesnon-institutional, appurtenances or equipment thereoffirst class office buildings in the vicinity of the Building, except for those repairs for which Tenant is responsible pursuant to any other provision of this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or additional expenses whatsoever. Section 5.4 improvements. Notwithstanding the foregoing, if Tenant shall not requireso request, permitLandlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, suffer alterations, additions or allow improvements, provided Tenant shall pay to Landlord, as Additional Rent, within 30 days after demand therefor, an amount equal to the cleaning excess costs incurred by Landlord by reason of compliance with Tenant’s request. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any window repairs, alterations, additions or improvements in the Premises from the outside in violation of Section 202 or to any portion of the New York Labor Law Building or any successor statute theretothe Premises, or of any other Legal Requirementits fixtures, appurtenances or equipment.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by lawbylaw. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, freightnoise and annoyance. Except as expressly provided in Article 10 hereof, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. (A) (i) Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises (including the interior and exterior of the storefront to be installed by Tenant) and the fixtures, systems, equipment and appurtenances thereintherein (including, without limitation, the Exclusive Elevators (subject to Section 7.3), Tenant’s AC System (including the cooling tower and AC Units), the Generator, the Communications Equipment and any Supplemental AC System serving the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the BuildingBuilding (including the Terrace), or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or resulting from carelessness, omission, neglect or improper conduct of, or caused by Alterations made by Tenant, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord sole but reasonable cost and expense (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole but reasonable cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner of first class and quality or consistent with first-class equal to office buildings in Manhattan, in accordance with the original work or constructionprovisions of Article 6, and with materials and design existing immediately before the occurrence of any such damage which repairs shall be made. If Tenant fails shall fail, after fifteen thirty (1530) days days’ written notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and reasonable out of pocket expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move give Landlord prompt notice of any safedefective condition to which it becomes aware in any Building Systems located in, heavy equipment, business machines, freight, bulky matter servicing or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or passing through the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, interior and the structural elements thereofthereof except for repairs required to be performed by Tenant in accordance with the terms of this Lease. Tenant shall, including throughout the roofTerm, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired at promptly by Tenant’s , its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, freightnoise and annoyance. Except as expressly provided in Article 10 hereof, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) and replacements to (a) the Building Systems that provide service to the Premises (including the perimeter induction units in the Premises and the sprinkler riser to the point of distribution to the Premises, and specifically excluding the distribution portions of such Building Systems located within the Premises), (b) the exterior and public portions of the Building, both exterior and interior, and the structural elements thereof, interior (including the roof, roof membrane, windows, stairwells, foundation and curtain wallsupport structure of the Building), and (c) the walls, foundation, and structural support columns running through the Premises, all in conformance with standards applicable to first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, including all toilets and bathrooms if any, within the Premises, and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11Article 10. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its the Building’s fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, invitees or licensees, shall be repaired at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3. If Tenant fails fails, after fifteen ten (1510) days days’ notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency), to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and actual out-of-pocket expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord as Additional Rent within ten (10) days Business Days after rendition of a detailed xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing, or passing through, the Premises. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which such floor was designed to carry and which is allowed by law“live load”. Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld, delayed or conditioned and shall make payment to Landlord of Landlord’s commercially reasonable out-of-pocket third party costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There . All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, replacements, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense, but subject nevertheless to recoupment pursuant to Article 27, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (a) results in a denial of access to the Premises (other than to a de minimis extent), (b) threatens the health or safety of any occupant of the Premises, or (c) except in the case of a fire or other casualty, interferes (other than to a de minimis extent) with Tenant’s ability to conduct its business in the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) days after demand, an amount equal to the difference between the overtime or allow other premium pay rates and the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of regular pay rates for such labor and any other Legal Requirementovertime costs or expenses so incurred.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 4.1 Tenant, at Tenant’s sole expense, shall maintain and take good care of the Independent Systems, the Premises and the fixtures, systems, equipment and appurtenances therein, in the Premises and make all non-structural repairs and replacements thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 and (b) structural repairs to the Basic Construction of the Building (for which Landlord shall be responsible except as hereinafter provided). Tenant shall keep all interior glass, including, without limitation, windows, doors and skylights, clean and in good condition and repair, and Tenant shall, immediately replace any interior glass that may be damaged with glass of substantially the same kind and quality. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, windows, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by Tenantby, Tenant or Tenant’s agents, employees employees, invitees or licensees, shall be repaired at Tenant’s expense, (a) sole expense by Tenant to the satisfaction of Landlord in its reasonable discretion (if the required repairs are non-structural within the Premises and do not affect any Building Systemthe Basic Construction of the Building), or (b) by Landlord (if the required repairs are structural or outside the Premises and do not affect any Building Systemthe Basic Construction of the Building). Tenant shall also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of the same quality or and class equal to as similar buildings in the original work or constructionBorough of Manhattan and shall be made in accordance with the provisions of Article 3. If Tenant fails after fifteen thirty (1530) days notice (or such shorter period as may be required due to an emergency or as Landlord may be limited to pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate for the period commencing on the date Landlord actually incurs such expenditures and ending on the date of payment by Xxxxxx, shall be paid to Landlord as Additional Rent within ten (10) days after rendition of a xxxx bill or statement therefor. Tenant shall give Landlord immediate notice of any defective condition in any Building System located in, servicing or passing through the Premises. Section 5.2 4.2 Tenant shall not place a load upon any floor of in the Premises exceeding the floor load per square foot area which such floor it was designed to carry and which is allowed by lawapplicable Requirements of Law. Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or bulky or heavy fixtures into or out of the Building without Landlord’s prior consentwritten consent in each instance, which consent shall not unreasonably be withheld, and shall pay to Landlord all costs incurred by Landlord in connection therewith. If All work in connection therewith shall comply with all applicable Requirements of Law and the Rules and Regulations, and shall be done during such safehours as Landlord may designate in its reasonable determination. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license noise and annoyance to do such work. Section 5.3 other tenants of the Building. There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, ·appurtenances or equipment thereof. . Section 4.3 Landlord shall use its reasonable efforts to minimize interference with TenantXxxxxx’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements (including any of same made pursuant to Section 28.7); provided, however, that Landlord shall have no obligation to employ contractors or labor at so called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. The parties acknowledge and agree that, in connection with any such repair, alteration, addition or improvement to the Real Property, a so-called “sidewalk bridge” may be erected by Landlord from time to time and the erection and maintenance of same shall not constitute a breach of Landlord’s obligations hereunder. Section 5.4 4.4 Notwithstanding any other provisions of this Lease, if Landlord’s failure to perform any repairs required to be performed by Landlord under this Article 4 or under Section 14(A)(i) or Landlord’s failure to provide any services required to be provided by Landlord under Article 28, renders any material portion of the Premises untenantable for a period of twenty (20) consecutive Business Days after Tenant has given Landlord written notice of such untenantability, and if such untenantability continues after the end of said twenty (20) consecutive Business Day period, and such untenantability does not otherwise result from Unavoidable Delays or the negligence or willful misconduct by Tenant, or its agents, employees, contractors or invitees, then provided that Tenant shall not requirehave continued to use the Premises or such portion thereof for the conduct of its business during said period, permitthe Fixed Rent, suffer Escalation Rent and all other Additional Rent payable hereunder shall be abated (proportionately based upon the portion of the Premises rendered untenantable) for the period commencing on the twenty-first (21st) consecutive Business Day of such untenantability after Landlord’s receipt of such notice of untenantability and shall continue only until the Premises or allow the cleaning such portion thereof shall become tenantable again regardless of any window delay by Tenant in resuming the Premises from operation of its business. For purposes of this Section 4.4, the outside in violation of Section 202 term “material portion” shall mean 10,000 or more rentable square feet of the New York Labor Law or any successor statute thereto, or of any other Legal RequirementPremises.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant’s sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant or any of Tenant’s agentsservants, employees employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Propertyfixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machines, freight, bulky matter or fixtures into or out of the Building without machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s prior consentjudgment to absorb and prevent vibration, noise and annoyance. If such safeExcept as expressly provided in Article 10 hereof, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of of. Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference If the Premises be or become infested with vermin, Tenant, at Tenant’s access expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and use shall employ such exterminators and occupancy of the Premises in making such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to any part of the Building Systems which provide service to the Premises (but not to the distribution portions of any such Building Systems located within the Premises unless any damage or injury thereto is caused by Landlord), the exterior and structural portions of the Building, windows and window frames, the core lavatories, and the public portions and common areas of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class (Class A) office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises (except with respect to the core lavatories located within the Premises), and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in to good working working, order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof (provided, however, that Tenant shall not be obligated to take good care of, or to make such nonstructural repairs to, any portion of Landlord’s Post-Commencement Date Work until it has been completed). Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class (Class A) office building work or constructionconstruction and shall be performed as an Alteration in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days’ notice (or such longer period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs after a two (2) Business Day second notice to Tenant at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx bxxx or statement therefor. Tenant shall give Landlord notice of any defective condition to the Building or in any Building System, located in, servicing or passing through the Premises, promptly after Tenant first learns thereof. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load one hundred twenty (120) pounds per square foot “live load”; provided, however, if Tenant shall desire a floor load in excess of that which such floor was designed to carry and which that is allowed permitted by law, Tenant shall have the right (provided Tenant first obtains the written approval of Landlord (which Landlord shall not unreasonably withhold, condition or delay) with respect to the specific excess floor loading installation contemplated by Tenant and the method of installation and reinforcement proposed by Tenant in accordance with and subject to Article 3 of this Lease) to perform the work necessary to strengthen and reinforce the floor so as to give the live load desired, provided Tenant complies with the provisions of Article 3. Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed and shall make payment to Landlord of Landlord’s costs to connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such said work. Section 5.3 There . All work in connection therewith shall comply with all Requirements and the Rules and Regulations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient to Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. . Section 4.3 Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant’s ability to conduct its business in the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses to making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within ten (10) Business Days after demand, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Section 5.4 Tenant 4.4 If Landlord shall not require, permit, suffer default in the observance or allow the cleaning performance of any window term or covenant on Landlord’s part to be observed or performed under or by virtue of any of the terms or provisions of Sections 4.1 or 6.1 of this Lease, and provided such default shall materially adversely affect (i) Tenant’s ability to perform Tenant’s Initial Alterations, or (ii) Tenant’s ability to conduct its business in the Premises from then, to the outside in violation of Section 202 of extent such default shall not be the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.result of

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building System. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building System), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan, City and State of New York, and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen (15) 15 days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) 15 days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition known to Tenant in any Building System located in, servicing or passing through the Premises. Section 5.2 7.2. Tenant shall not place a load upon any floor of the Premises exceeding which exceeds the floor load per square foot which such floor was designed to carry and which is allowed by lawlaw (which, on the date of this Lease, is 50 pounds per usable square foot). Tenant shall not locate or move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld or delayed, and Tenant shall make payment to Landlord of Landlord’s out-of-pocket costs in connection therewith (if such move is not part of an Alteration, including the Initial Alterations). If such safe, machinery, equipment, freight, bulky matter or fixtures fixture requires special handlinghandling (as determined by Landlord), Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 5.3 There 7.3. Landlord shall be no allowance operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems and the public portions of the Building, both exterior and interior, in conformance with standards applicable to first-class office buildings in Manhattan, City and State of New York, except for those repairs for which Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or is responsible pursuant to any portion other provision of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereofthis Lease. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or additional expenses whatsoever. Section 5.4 improvements. Notwithstanding the foregoing, if Tenant shall not requireso request, permitLandlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, suffer alterations, additions or allow improvements, provided Tenant shall pay to Landlord, as Additional Rent, within 15 days after demand therefor, an amount equal to the cleaning excess costs incurred by Landlord by reason of compliance with Tenant’s request. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any window repairs, alterations, additions or improvements in or to any portion of the Premises Building or the Premises, or its fixtures, appurtenances or equipment. Nothing contained in this Section 7.3 shall relieve Landlord from liability to Tenant resulting from the outside in violation wilful misconduct or negligence of Section 202 of the New York Labor Law Landlord or any successor statute theretoits employees, contractors or of any other Legal Requirementagents.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. (A) Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including, without limitation, any supplemental air-conditioning equipment serving the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13 or any other applicable provision of this Lease, including, without limitation, Landlord’s responsibilities with respect to Hazardous Materials and 11latent defects in Landlord’s Work. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems or make any structural repairs or changes, except that Tenant shall maintain the fire and life safety system and its components (“Class E System”) within the Premises by entering into a maintenance contract with the Building’s Class E System contractor (provided that Tenant shall be responsible for paying the cost thereof only to the extent such contract is competitively priced). The design and decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the BuildingBuilding (including the Terrace), or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also All of the aforesaid repairs shall repair all damage to be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in the vicinity of the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be made in accordance with the provisions of quality or class equal to the original work or constructionArticle 6. If Tenant fails shall fail, after fifteen five (155) days Business Days’ notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move give Landlord prompt notice of any safedefective condition in any Building Systems located in, heavy equipment, business machines, freight, bulky matter servicing or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or passing through the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s agents, employees or licensees, shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Landlord represents to Tenant that the Certificate of Occupancy for the Building states that the Premises has a floor load of 200 pounds per square foot of the Premises. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall operate, maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public structural and mechanical portions of the Building, both exterior and interiorinterior in conformance with standards applicable to office buildings in Manhattan and all Rules and Regulations (as hereinafter defined). Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises Premises, Tenant's Equipment (as hereinafter defined) and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises at competitive prices. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances; whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionacts or omissions, neglect or improper conduct of, or Alterations made by Tenant or any of Tenant's employees, Tenant’s agents, employees invitees or licensees, shall be repaired promptly by (i) Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (if Landlord, at Tenant's expense, to the required extent the repairs are structural or affect any Building System)in nature. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 ; provided however, interest shall not commence to accrue until Landlord has rendered such statement or xxxx. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed .designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to reasonably prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient, freightin Landlord's reasonable judgment, bulky matter or fixtures into or out of the Building without Landlord’s prior consentto absorb and prevent vibration, noise and annoyance. If such safeExcept as expressly provided in Article 10 hereof, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Landlord, at Landlord's expense (or at Tenant's expense if such infestation is caused by Tenant), shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall operate, maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public structural and mechanical portions of the Building, both exterior and interiorinterior in conformance with standards applicable to office buildings in Manhattan and all Rules and Regulations (as hereinafter defined). Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises Premises, Tenant's Equipment (as hereinafter defined) and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises at competitive prices. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionacts or omissions, neglect or improper conduct of, or Alterations made by Tenant or any of Tenant's employees, Tenant’s agents, employees invitees or licensees, shall be repaired promptly by (i) Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (if Landlord, at Tenant's expense, to the required extent the repairs are structural or affect any Building System)in nature. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 ; provided however, interest shall not commence to accrue until Landlord has rendered such statement or xxxx. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to reasonably prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient, freightin Landlord's reasonable judgment, bulky matter or fixtures into or out of the Building without Landlord’s prior consentto absorb and prevent vibration, noise and annoyance. If such safeExcept as expressly provided in Article 10 hereof, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Landlord, at Landlord's expense (or at Tenant's expense if such infestation is caused by Tenant), shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereofportions of the Building, including the roofroof of the Building and all Building Systems up to their point of entry to the Premises. Tenant shall, foundation and curtain wall. Tenantthroughout the Term, at Tenant’s expense, shall take good care of the Premises Premises, the fixtures and appurtenances therein and the fixtures, systems, equipment and appurtenances thereinBuilding Systems located in the Premises, and at Tenant’s sole cost and expense, make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant to under the provisions terms of Articles 10 and 11this Lease excepted. Notwithstanding the foregoingIn addition, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or any Alterations made by Tenant, TenantTenant or any Tenant Party’s agents, employees acts or licenseesomissions, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s PropertyLandlord. All of such the aforesaid repairs shall be of quality or and class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to construction and shall be made by Tenant, Landlord may make such repairs at in accordance with the expense provisions of Tenant, and Article 4 hereof. Tenant shall pay give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machines, freight, bulky matter or fixtures into or out of the Building without machines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s prior consentreasonable judgment to absorb and prevent vibration, noise and annoyance. If such safeExcept as may be expressly provided herein, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference If the Premises be or become infested with vermin, Tenant, at Tenant’s access expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and use shall employ such exterminators and occupancy of the Premises in making any repairs, alterations, additions such exterminating company or improvements; provided, however, that Landlord companies as shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeverbe approved by Landlord. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of ------------------- the Building, both exterior and interior. Landlord shall perform such maintenance and repairs promptly, in good and workmanlike manner, and in manner so as to minimize, to the structural elements thereofextent reasonably practicable, including any interference to Tenant's use of the roofPremises, foundation and curtain wallwithout requiring the use of overtime or premium pay labor in connection therewith. TenantTenant shall, at Tenant’s expensethroughout the Term, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant’s agents's servants, employees employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to reasonably prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb an prevent vibration, freightnoise and annoyance. Except as provided in Article 10 hereof, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such extermination company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section SECTION 5.1 (a) Landlord shall maintain in working order and repair, in a good and workmanlike manner, shall repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, but subject to the provisions of Section 10.2(b), all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s 's agents, employees or licensees, shall be repaired at Tenant’s 's expense, (ai) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or bill xx statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systemsequipment, equipment Alterations and appurtenances therein, therein and the distribution systems and shall make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionnegligent acts or omissions, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, by (ai) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (bii) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also Landlord shall repair all damage be responsible for repairs in the Building necessitated by the negligent acts or omissions or willful misconduct of Landlord, or its agents, employees or contractors, subject to the Building and the Premises caused by the making provisions of any Alterations by Tenant or by the moving of Tenant’s PropertySection 10.5 hereof. All of such the aforesaid repairs shall be of good quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises, as soon as Tenant becomes aware of same. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law"live load" limitations set forth in the certificate of occupancy for the Premises. Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ at its sole cost and expense only persons holding a Master Rigger’s 's license to do said work and such additional tradespeople as may be required to perform such work. Section 5.3 . All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. There Except as otherwise expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. . Section 4.3 Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Any materials required for the performance of any such repairs, alterations, additions or improvements shall be stored at such locations within the Premises as are reasonably designated by Tenant, except that any such materials may be moved to the location of the repair, alteration, addition or improvement during the course of performance of the work. Section 5.4 Tenant 4.4 Both the design and decoration of the elevator areas of each entire floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant (as a result of a subletting or occupancy arrangement, if any, in accordance with Article 12 hereof) shall be subject to Landlord's approval, which approval shall not requirebe unreasonably withheld, permit, suffer or allow the cleaning of any window and such elevator areas and public corridors shall be maintained and kept in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirementorder by Tenant to Landlord's reasonable satisfaction.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 7.1 Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including the HVAC distribution system, ie., the ductwork, VAV and controls) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any exterior or structural components of the Building or Building Systems, except that Landlord, at Tenant’s expense, shall maintain the fire and 11life safety system and its components (“Class E Systems”) within the Premises by entering into a maintenance contract with the Building’s Class E System contractor. Landlord also shall enter into a maintenance contract with the Building’s Class E System contractor for the fire and life safety system and its components outside of the Premises. The design and decoration of the public corridors and elevator areas of any floor of the Premises occupied by Tenant and any other occupants that is not an affiliate of Tenant shall be under the sole control of Landlord. The design and decoration of the elevator areas of each floor of the Premises that is occupied solely by Tenant (or any other occupant that is an affiliate of Tenant) shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct wrongful or negligent omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days notice Business Days’ Notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord Notice promptly after becoming aware of any defective condition in any Building Systems located in, servicing or passing through the Premises. Section 5.2 7.2 Tenant shall not place a load upon any floor of the Premises exceeding which exceeds the floor load per square foot which “live load” for such floor that such floor was designed to carry and carry, which Landlord represents is allowed by lawat least 50 pounds live load per square foot. Tenant shall not locate or move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, and Tenant shall make payment to Landlord of Landlord’s reasonable out-of pocket costs in connection therewith (if such move is not part of an Alteration). If such safe, machinery, equipment, freight, bulky matter or fixtures fixture requires special handlinghandling (as reasonably determined by Landlord), Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 5.3 There 7.3 Landlord (at its expense, but subject to the reimbursement by Tenant under the provisions of Article 3) shall be no allowance operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems and the common areas and other public portions of the Building, both exterior (including the Building façade and lobby storefronts) and interior, in conformance with standards applicable to first-class office buildings in the vicinity of the Building, except for those repairs for which Tenant for a diminution is responsible pursuant to any other provision of rental value, no constructive eviction of Tenant and no liability on this Lease. Landlord shall also promptly make any repairs to the part Premises necessitated by the negligence or willful misconduct of Landlord by reason of inconvenienceor its agents, annoyance contractors or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereofemployees. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or additional expenses whatsoever. Section 5.4 improvements. Notwithstanding the foregoing, if Tenant shall not requireso request, permitLandlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, suffer alterations, additions or allow improvements, provided Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after demand therefor, an amount equal to the cleaning reasonable, out-out-of-pocket overtime costs incurred by Landlord by reason of any window compliance with Tenant’s request, unless Landlord’s failure to perform its obligations under this Section 7.3 shall unreasonably interfere with Tenant’s access to the Premises or shall unreasonably interfere with Tenant from conducting Tenant’s normal business operations in the Premises Premises, in which event Landlord shall pay for such overtime costs. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the outside Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in violation of Section 202 or to any portion of the New York Labor Law Building or any successor statute theretothe Premises, or of any other Legal Requirementits fixtures, appurtenances or equipment.

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein that serve or benefit the Premises, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Notwithstanding the foregoing, and subject to Section 11.2, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or Alterations made by Tenant, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (Tenant, if the required repairs are non-structural and do not affect any Building System), subject to Landlord’s approval as and to the extent provided under Article 4, or (b) by Landlord (if the required repairs are structural or affect affect, in any material respect, any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant’s expense, and Tenant shall pay the costs and expenses thereof so incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten thirty (1030) days after rendition of a xxxx bxxx or statement therefor. Section 5.2 6.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which that such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which will not be unreasonably withheld. If such safe, equipment, freight, bulky matter or fixtures requires items require special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 6.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant agrees to reimburse Landlord for the incremental cost thereof. Notwithstanding the foregoing, if an emergency condition exists that Landlord is obligated to cure or repair pursuant to this Lease, and such condition poses an imminent danger to persons or property or is likely to render the Premises or any material portion thereof unusable for the conduct of Tenant’s business, then Landlord shall, at Landlord’s expense, use overtime labor to the extent necessary to correct such condition. Section 5.4 6.4 Notwithstanding anything to the contrary contained in any other provision of this Lease, in the event that (a) Tenant is unable to use all or any material portion of the Premises for the ordinary conduct of Tenant’s business, and such condition continues for a period in excess of five (5) consecutive days, (b) Tenant does not actually use the Premises or such portion thereof during such period, and (c) such condition has not been caused by any act, negligence or misconduct of Tenant or any Tenant Party, then Fixed Rent and Tenant’s Tax Payment shall be reduced on a per diem basis in the proportion that the area of the unusable portion of the Premises bears to the total Premises Area, for the period commencing on the first (1st) day after the commencement of such condition and ending on the earlier of (i) the date Tenant reoccupies the Premises or the affected portion thereof, as the case may be, for the ordinary conduct of its business, or (ii) the date that such condition is substantially remedied. Tenant shall give Landlord prompt notice of the occurrence of any such condition. Section 6.5 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal RequirementLaw.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord (a) Landlord, at Landlord’s expense, shall maintain diligently maintain, replace and repair, in a good repair the Common Areas and workmanlike manner, the Building Systems (except as otherwise set forth herein), the Lobby and the other public portions of the Building, both exterior and interior, and the structural elements thereofof the Building (including the structural elements of the Premises), including including, without limitation, the roof, foundation and curtain wall, footings, exterior walls, load bearing columns, floor slabs, window sashes, elevators, corridors, core electrical closets, core telecommunications closets, core janitor closets, mechanical rooms, curbs and sidewalks adjacent to the Building, and the plumbing, electrical, mechanical, Building HVAC System, fire protection, life safety and sprinkler systems of the Building in conformance with standards applicable to a First Class Midtown Office Building (all of the foregoing, “Landlord Repairs”). Tenant, at Tenant’s expense, shall take good care of keep the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them therein in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 12 and 1113 hereof. Tenant, at Tenant’s expense, shall repair and keep in good working order those portions of the Building Systems located within and exclusively serving the Premises, from the point of connection on each floor of the Premises; provided, however, that in no event shall Tenant repair the Building HVAC System. By way of example only, Tenant shall be responsible for the maintenance and repair of (i) the electrical system serving the Premises from (but not including) the xxxx duct disconnect switch on each floor, (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the Building, including any private bathrooms and shower facilities, but excluding the core bathrooms (including all fixtures therein) which shall be maintained and repaired by Landlord, at Landlord’s expense, and (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves. Landlord will reasonably cooperate to provide Tenant access to the telephone and electrical closets in the Building solely for purposes of installing Tenant’s telecommunication wiring therein and, subject to the terms of Article 4 hereof, to install, maintain or repair any electrical equipment therein, it being agreed that such maintenance and repair shall be performed by Tenant at Tenant’s sole cost and expense, provided that Tenant may only have access to such closets if Tenant is accompanied by an agent of Landlord. (b) Notwithstanding anything to the foregoingcontrary set forth in Section 6.1(a), all damage or injury to the Premises or to any other part of Building Systems, the Building, or to its fixtures, equipment and appurtenances, the Premises caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or from Alterations made by Tenantby, Tenant’s agents, employees Tenant or licenseesany Tenant Party, shall be repaired at Tenant’s expense, (ai) by Tenant Tenant, subject to Article 4 hereof, to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (bii) by Landlord (at Tenant’s reasonable cost and expense, if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen thirty (1530) days notice to commence, and thereafter to proceed with due diligence to make complete repairs required to be made by Tenant, the same may be made by Landlord may make such repairs upon not less than five (5) Business Days’ prior written notice to Tenant at the reasonable expense of Tenant, and . Tenant shall pay to Landlord, as Additional Rent, the actual out-of-pocket costs and expenses thereof reasonably incurred by Landlord, with interest at the Default Rate, as Additional Rent Landlord within ten thirty (1030) days after rendition of a xxxx or statement therefor setting forth, in reasonable detail, a description of the repairs performed and attaching invoices therefor. Section 5.2 6.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law(unless Tenant has installed suitable reinforcement, subject to the provisions of Article 4). Tenant shall not move If any safe, heavy equipment, business machines, freight, bulky matter or fixtures to be moved into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall give Landlord reasonable prior notice thereof and shall employ only persons holding a Master Rigger’s license to do such work. Landlord represents and warrants to Tenant that the floor load of the Premises shall be as set forth in the Work Letter. Section 5.3 There 6.3 Except as may be expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts (which shall not, other than as set forth below in this Section 6.3, include the use of overtime or premium labor other than in the case of imminent danger to life or property) to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements and shall perform all work and repairs diligently and in a workerlike manner and in compliance with Legal Requirements. In the case of imminent danger to life or property or if the making of any repairs, alterations, additions or improvements is reasonably likely to materially adversely affect Tenant’s business operations in the Premises, Landlord shall perform such work on an “overtime” basis at Landlord’s expense; provided, however, that Landlord shall not be required to perform such work on an “overtime” basis to the extent that such work was requested by Tenant (other than to fulfill an obligation of Landlord) or would not have no obligation been needed but for a violation by Tenant of its obligations under this Lease, unless (in the case of such requested work or violation) Tenant shall agree to employ contractors or labor at pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the incremental cost of the overtime or other premium pay rates or to incur rates, including fringe benefits and other elements of such pay rates, for such labor and any other overtime costs or additional expenses whatsoeverso incurred. Section 5.4 6.4 Notwithstanding anything to the contrary contained in any other provision of this Lease, but subject to the provisions of Articles 12 and 13 hereof, in the event that (a) Tenant is unable to use five thousand (5,000) or more contiguous Rentable Square Feet of the Premises for the ordinary conduct of Tenant’s business due to Landlord’s breach of an obligation under this Lease to provide services or perform repairs, in each case other than as a result of Unavoidable Delays or Tenant Delays, and such condition continues for a period in excess of five (5) consecutive days, subject to Tenant Delays or Unavoidable Delays, after Tenant gives a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to use the Premises or such portion thereof is solely due to such condition, (b) Tenant does not actually use or occupy the Premises or such portion thereof during such period, and (c) such condition has not resulted from the negligence, willful misconduct, breach of contract, violation of the provisions of this Lease beyond any applicable notice and cure period or violation of law of Tenant or any Tenant Party, then, unless Landlord shall have commenced to cure such condition within such five (5) day period (subject to Tenant Delays or Unavoidable Delays) after delivery of the Abatement Notice and thereafter proceeds with due diligence to cure such condition, then Fixed Rent, Tenant’s Tax Payment, Tenant’s Operating Payment, Percentage Rent Payment and Theater Surcharge Payment shall be abated as to the Premises or such affected portion of the Premises on a per diem basis for the period commencing on the sixth (6th) day (subject to Tenant Delays or Unavoidable Delays) after Tenant gives the Abatement Notice, and ending on the earlier of (x) the date Tenant substantially reoccupies the Premises or such portion thereof for the ordinary conduct of its business, or (y) the date on which such condition is substantially remedied and Landlord has notified Tenant in writing thereof. Section 6.5 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement. Section 6.6 If at any time during the Term, Tenant ceases using any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises or in any other portions of the Building (other than a cessation that is temporary and where Tenant intends to resume using such wiring or cables within a reasonable period of time after such cessation), Tenant shall promptly give written notice to Landlord of such cessation and, subject to the applicable requirements of this Lease, shall promptly remove such unused wiring and cabling at Tenant’s sole cost and expense. In order for Landlord and Tenant to (a) identify any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises or in any other portions of the Building and/or (b) trace the starting and terminating points of such wiring and cabling, Tenant shall cause such wiring and cabling to be labeled and tagged, when installed, with appropriate identification marks and shall maintain, during the Term for all then existing wiring and cabling, “as installed” drawings containing a guide or key to such marks and showing the routing of such wiring and cabling. Upon Landlord’s request, Tenant shall provide to Landlord and Landlord’s representatives and contractors reasonable access to such “as installed” drawings for inspection and copying.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord (a) Landlord, at Landlord’s expense, shall maintain diligently maintain, replace and repair, in a good repair the Common Areas and workmanlike manner, the Building Systems (except as otherwise set forth herein), the Lobby and the other public portions of the New Tower Building, both exterior and interior, and the structural elements thereof, including including, without limitation, the roof, foundation and curtain wall, footings, exterior walls, load bearing columns, floor slabs, window sashes, elevators, corridors, core electrical closets, core telecommunications closets, core janitor closets, mechanical rooms, curbs and sidewalks adjacent to the Building, and the plumbing, electrical, mechanical, Building HVAC System, fire protection, life safety and sprinkler systems of the New Tower Building in conformance with standards applicable to a First Class Office Building (all of the foregoing, “Landlord Repairs”). Tenant, at Tenant’s expense, shall take good care of keep the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them therein in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 12 and 1113 hereof. Tenant, at Tenant’s expense, shall repair and keep in good working order those portions of the Building Systems located within and exclusively serving the Premises, from the point of connection on each floor of the Premises; provided, however, that in no event shall Tenant repair the Building HVAC System (including the perimeter heating system). By way of example only, Tenant shall be responsible for the maintenance and repair of (i) the electrical system serving the Premises from (but not including) the xxxx duct disconnect switch on each floor, (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the New Tower Building, including any private bathrooms and shower facilities, but excluding the core bathrooms (including all fixtures therein) which shall be maintained and repaired by Landlord, at Landlord’s expense, and (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves. In no event may Tenant have access to or the right to use, modify or repair telephone or electrical closets (provided that Tenant may have access to such closets so long as a representative of Landlord is present). (b) Notwithstanding anything to the foregoingcontrary set forth in Section 6.1(a), but subject to the terms of Section 11.4 hereof, all damage or injury to the Building Systems, the Building or the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessnessthe negligence, omissionwillful misconduct, neglect breach of contract or improper conduct violation of law of, or from Alterations made by Tenantby, Tenant’s agents, employees Tenant or licenseesany Tenant Party, shall be repaired at Tenant’s expense, expense (ai) by Tenant Tenant, subject to Article 4 hereof, to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), ) or (bii) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen thirty (1530) days days’ notice to commence, and thereafter to proceed with due diligence to make complete repairs required to be made by Tenant, the same may be made by Landlord may make such repairs upon not less than five (5) days’ prior written notice to Tenant at the sole cost and expense of Tenant, and . Tenant shall pay to Landlord the actual, reasonable out-of-pocket costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord as Additional Rent within ten thirty (1030) days after rendition of a xxxx or statement therefor setting forth, in reasonable detail, a description of the repairs performed and attaching invoices therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 (a) Landlord shall maintain in condition customary for buildings similar to the Building in Manhattan, and repairshall repair and replace, in a good and workmanlike mannerto the extent necessary to achieve such condition, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Tenant shall throughout the Term, at Tenant's sole cost and expense, cause the Premises to be exterminated on a periodic basis such that the Premises and adjoining portions of the Building do not become infested with vermin, employing such exterminators and such exterminating company or companies as shall be reasonably acceptable to Landlord. Landlord shall throughout the Term maintain Landlord's standard vermin extermination program in the Building's public areas. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect negligence or improper conduct misconduct of, or Alterations made by Tenantby, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s 's expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen twenty (1520) days days' notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten fifteen (1015) days after rendition of a xxxx or statement therefor. (b) Landlord represents to Tenant that, to the best of Landlord's knowledge, all Building Systems for which Landlord is responsible under this Lease, including elevators, heating systems, sprinkler systems, fire detection and life safety systems and other Building Systems, will remain fully functional and perform their normal operations on and after January 1, 2000, without interruption or malfunction as a result of the passage from the year 1999 to the year 2000. Landlord shall make all repairs, alterations or replacements to any Building Systems required in order to eliminate any such interruptions or malfunctions resulting from the passage from the year 1999 to the year 2000. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Notwithstanding anything to the contrary contained in any other provision of this Lease, in the event that (a) Tenant is unable to use the Premises for the ordinary conduct of Tenant's business, due to Landlord's breach of an obligation under this Lease to provide services, perform repairs, or comply with Legal Requirements, in each case other than as a result of Unavoidable Delays, and such condition continues for a period in excess of seven (7) consecutive days (or, if Tenant's inability to use the Premises results, in whole or in part, from Unavoidable Delays and such condition continues for a period in excess of fifteen (15) consecutive days) after Tenant gives a notice to Landlord (the "Abatement Notice") stating that Tenant's inability to use the Premises is solely due to such condition, (b) Tenant does not actually use or occupy the Premises during such period, and (c) such condition has not resulted from the negligence or misconduct of Tenant or any Tenant Party, then Fixed Rent, Tenant's Tax Payment and Tenant's Labor Rate Payment shall be abated as to the Premises or affected portion on a per diem basis for the period commencing on the eighth (8th) day (or sixteenth (16th) day, if such condition results, in whole or in part, from Unavoidable Delays, as the case may be) after Tenant gives the Abatement Notice, and ending on the earlier of (i) the date Tenant reoccupies the Premises for the ordinary conduct of its business, or (ii) the date on which such condition is substantially remedied and Landlord has notified Tenant thereof. Section 5.5 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. (A) Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including, without limitation, the AC Unit and any Supplemental AC System serving the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems and/or other items not set forth in the prior sentence. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Terrace and Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days Business Days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to commence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and reasonable expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move give Landlord prompt notice of any safedefective condition in any Building Systems located in, heavy equipment, business machines, freight, bulky matter servicing or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or passing through the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including in conformance with standards applicable to comparable buildings in Manhattan. Tenant shall give Landlord prompt notice after discovery by Tenant of any condition in any Building System, located in, servicing or passing through the roof, foundation and curtain wallPremises which gives rise to or may give rise to an obligation of Landlord to repair. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the exclusive Licensed Area(s) and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, negligent omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, and not covered by Landlord's insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s 's sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises and the Licensed Area(s) to the extent caused by the making of any Alterations by Tenant moving, placement or by the moving replacement of Tenant’s 's Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first class office building work or construction. construction and shall be made in accordance with the provisions of Article 3 hereof If Tenant fails after fifteen thirty (1530) days' notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten thirty (1030) days after rendition of a xxxx or bill xx statement therefor. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load two hundred (200) pounds per useable square foot which such floor was designed "live load," and with respect to carry and which is allowed by law. the Licensed Area(s) Tenant shall not move place a load thereupon exceeding the "live load" for which Section 4.3 Subject to the provisions of Section 4.4 hereof, Landlord also shall have the right at any safetime, heavy equipmentwithout the same constituting (i) a breach by Landlord of any provisions of this Lease, business machines(ii) a breach of Tenant's quiet enjoyment, freight(iii) an actual or constructive eviction, bulky matter or fixtures into (iv) a release of Tenant's obligations to pay Fixed Rent, Escalation Rent, or out any items of Rental, and without incurring any liability to Tenant therefor, to repair, change or otherwise alter the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other space within the Building without Landlord’s prior consent. If other than the Premises and to change the name, number or designation by which the Building is commonly known, provided any such saferepair, equipment, freight, bulky matter change or fixtures requires special handling, alteration (a) does not unreasonably deprive Tenant shall employ only persons holding a Master Rigger’s license of access to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or (b) does not reduce the rentable area (except by a de minimis amount) of the Premises. All parts (except surfaces facing the interior of the Premises) of all floors, ceilings, walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, all roofs adjacent to the Premises, ail space in or adjacent to fixturesthe Premises used for shafts, appurtenances or equipment stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets, and other Building facilities) are not part of the Premises, and Landlord shall have the use thereof. , as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Section 4.4 Landlord shall use its reasonable efforts to minimize interference with Tenant’s 's access to the Building and the Premises and enjoyment, use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements and to perform and complete such repairs, alterations, additions or improvements with due diligence; provided, provide however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 . Tenant shall not clean, nor require, permit, suffer or allow the cleaning of any window in the Premises to be cleaned from the outside in violation of Section 202 of the New York Labor Law Law, or any successor statute theretoother applicable law, or of the rules of the Board of Standards and Appeals, or of any other Legal Requirementboard or body having or asserting jurisdiction.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s 's agents, employees or licensees, shall be repaired at Tenant’s 's expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements, and Landlord shall endeavor to give Tenant reasonable advance notice of any planned outage of electrical power, which notice shall specify the time at which such outage will commence and the anticipated duration thereof; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall7.1. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building System. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappur-tenances (including Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant's Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by by, Tenant or Persons Within Tenant, Tenant’s agents, employees or licensees's Control, shall be repaired by Tenant, at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building System), or (b) by Landlord at Tenant's sole cost and expense (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Manhattan, City and State of New York, and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen (15) 15 days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) 15 days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition known to Tenant in any Building System located in, servicing or passing through the Premises. Section 5.2 7.2. Tenant shall not place a load upon any floor of the Premises exceeding which exceeds the floor load per square foot which such floor was designed to carry and which is allowed by lawlaw (which, on the date of this Lease, is 50 pounds per usable square foot). Tenant shall not locate or move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld or delayed, and Tenant shall make payment to Landlord of Landlord's out-of-pocket costs in connection therewith (if such move is not part of an Alteration, including the Initial Alterations). If such safe, machinery, equipment, freight, bulky matter or fixtures fixture requires special handlinghandling (as determined by Landlord), Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 5.3 There 7.3. Landlord shall be no allowance operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems and the public portions of the Building, both exterior and interior, in conformance with standards applicable to first-class office buildings in Manhattan, City and State of New York, except for those repairs for which Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or is responsible pursuant to any portion other provision of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereofthis Lease. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or additional expenses whatsoever. Section 5.4 improvements. Notwithstanding the foregoing, if Tenant shall not requireso request, permitLandlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, suffer alterations, additions or allow improvements, provided Tenant shall pay to Landlord, as Additional Rent, within 15 days after demand therefor, an amount equal to the cleaning excess costs incurred by Landlord by reason of compliance with Tenant's request. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any window repairs, alterations, additions or improvements in or to any portion of the Premises Building or the Premises, or its fixtures, appurtenances or equipment. Nothing contained in this Section 7.3 shall relieve Landlord from liability to Tenant resulting from the outside in violation wilful misconduct or negligence of Section 202 of the New York Labor Law Landlord or any successor statute theretoits employees, contractors or of any other Legal Requirementagents.

REPAIRS; FLOOR LOAD. Section 5.1 SECTION 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to commence and to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises. Section 5.2 SECTION 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load one hundred twenty (120) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consentconsent as to the time and manner of such move, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. SECTION 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between the overtime or allow other premium pay rates and the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of regular pay rates for such labor and any other Legal Requirementovertime costs or expenses so incurred.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and to the public portions of the Building, both exterior and interior, and the structural elements thereofin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Subject to Article 10 below, including the roof, foundation and curtain wall. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systemsequipment, equipment Alterations and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 11. Notwithstanding the foregoingforegoing but subject to Article 10 below, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionnegligent acts or omissions, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, invitees or licensees, shall be repaired at Tenant’s sole cost and expense, by (ai) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (bii) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of good quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3hereof. If Tenant fails after fifteen twenty (1520) days days’ notice (or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefortherefore. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the remises, as soon as Tenant becomes aware of same. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law“live load” limitations set forth in the certificate of occupancy for the Premises. Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord’s costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ at its sole cost and expense only persons holding a Master Rigger’s license to do said work and such additional trades people as may be required to perform such work. Section 5.3 . All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance annoyance. or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. . Section 4.3 Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant’s ability to conduct its business in the i Premises. Any materials required for the performance of any such repairs, alterations, additions ‘ or improvements shall be stored at such locations within the Premises as are reasonably designated by Tenant, except that any such materials may be moved to the location of the repair, alteration, addition or improvement during the course of performance of the work. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within ten (10) Business Days after demand, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Landlord shall furnish to Tenant copies of all bills setting forth amounts to be paid by Tenant hereunder. Section 5.4 Tenant 4.4 Both the design and decoration of the elevator areas of each entire floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant (as a result of a subletting or occupancy arrangement, if any, in accordance with Article 12 hereof) shall be subject to Landlord’s approval, which approval shall not requirebe unreasonably withheld, permit, suffer or allow the cleaning of any window and such elevator areas and public corridors shall be maintained and kept in order by Tenant to Landlord’s reasonable satisfaction. Nothing contained in the foregoing sentence, however, shall vitiate Landlord’s obligation to clean the Premises from the outside as provided in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement28.4 hereof.

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omissionomission (where this Lease or applicable law imposes a duty to act), neglect or improper conduct wilful misconduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or bill xx statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load sixty (60) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a 17 diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between the overtime or allow other premium pay rates and the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of regular pay rates for such labor and any other Legal Requirementovertime costs or expenses so incurred.

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain in good working order and repair, in a good condition and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallwall (all of the foregoing, "Landlord Repairs"). Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-non- structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11, 12 and 1113. Notwithstanding the foregoing, but subject to the provisions of Section 11.2(a)), all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by arising from the negligence or resulting from carelessness, omission, neglect or improper conduct of, willful misconduct of or Alterations made by Tenant, Tenant’s agents, employees Tenant or licenseesany Tenant Party, shall be repaired at Tenant’s 's expense, (a) by Tenant to the reasonable satisfaction of Landlord (Landlord, if the required repairs are non-structural and non- structural, do not materially affect any Building System, may be performed entirely within the Premises (except for minor access to utility rooms and closets, vaults and risers), and do not adversely affect any portion of the Building outside the Premises, or (b) in all other instances, by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 6.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures equipment into or out of the Building without Landlord’s 's prior consent, which shall not be unreasonably withheld. If such safe, equipment, freight, bulky matter or fixtures heavy equipment requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do such work. Section 5.3 (a) There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s 's access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Notwithstanding the foregoing, Landlord shall not make any alterations, additions or improvements to the Premises unless required to do so under applicable Laws or specifically provided for or required under this Lease. (b) In the event that Landlord fails to perform any Landlord Repairs after notice from Tenant as described below, subject to Unavoidable Delays, and if such failure materially and adversely affects Tenant's ability to use and occupy the Premises for the normal conduct of Tenant's business, then, Tenant, at its option (except if Landlord's failure is due to Unavoidable Delays), may elect to perform such Landlord Repairs, provided that Tenant shall first notify Landlord of the item of Landlord Repairs that Landlord has failed to timely perform, which notice shall indicate Tenant's election to perform such Landlord Repair at Landlord's expense. If Landlord shall, within thirty (30) days following receipt of Tenant's notice, fail to either (i) commence and thereafter diligently prosecute the necessary repair to completion, or (ii) provide reasonable evidence to Tenant demonstrating that Landlord's failure to repair was caused by an Unavoidable Delay, Tenant may, following the expiration of such thirty-day period, perform such repair at Landlord's expense in accordance with the provisions of this Lease. Landlord shall provide access to Tenant and otherwise cooperate with Tenant to effect all such work. Landlord shall within thirty (30) days after a written demand therefor accompanied by reasonably detailed documentation thereof, including paid invoices, lien waivers, and a written certification from Tenant's architect that the Landlord Repair for which reimbursement is requested has been completed, reimburse Tenant for Tenant's actual, reasonable out-of-pocket costs incurred in connection with such Landlord Repair. Section 5.4 6.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal RequirementLaw.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including the roof, foundation and curtain wallin conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord’s insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first-class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days’ notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx bxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which such floor was designed to carry and which is allowed by law“live load”. Tenant shall not move any safe, heavy machines or machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance, other than a de minimis amount thereof. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof, provided, however, that the foregoing shall not prevent Tenant from seeking specific performance of Landlord’s obligations under this Article 4 in the event Landlord fails to perform such obligations. Section 4.3 Subject to the provisions of Section 4.4 hereof, Landlord or Landlord’s agents or designees shall have the right to enter the Premises at all reasonable times (except in the case of an emergency) upon reasonable prior notice (except in case of an emergency, which notice may be oral), without the same constituting (i) a breach by Landlord of any provisions of this Lease, (ii) a breach of Tenant’s quiet enjoyment, (iii) an actual or constructive eviction, or (iv) a release of Tenant’s obligations to pay Fixed Rent, Escalation Rent, or any items of Rental, and without incurring any liability to Tenant therefor, to repair, change or otherwise alter the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other space within the Building other than the Premises and to change the name, number or designation by which the Building is commonly known, provided any such repair, change or alteration (a) does not unreasonably deprive Tenant of access to the Building or the Premises, or (b) does not reduce the rentable area (except by a de minimis amount) of the Premises. Subject to the release and waiver of subrogation provisions as more particularly described in Section 10.5 hereof, Landlord, at its expense, shall promptly repair any damage to Tenant’s Alterations caused by Landlord in its performance of any such repair, change or alteration. All parts (except surfaces facing the interior of the Premises) of all floors, ceilings, walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, all roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities) are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Section 4.4 Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to the Building and the Premises and enjoyment, use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements and to perform and complete such repairs, alterations, additions or improvements with due diligence; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises or (ii) threatens the health or safety of any occupant of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between (i) the overtime or allow other premium pay rates, including all fringe benefits and other elements of such pay rates, and (ii) the cleaning regular pay rates for such labor, including all fringe benefits and other elements of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirementsuch pay rates.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. in conformance with standards applicable to "class A" office buildings in midtown Manhattan. Section 4.2 Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems (other than those portions of the Building Systems which Landlord is required to maintain such as the fan rooms for the HVAC System) and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding In addition, notwithstanding the foregoingprovisions of Section 4. 1, all damage or injury to the Premises or to any other part of the BuildingBuilding other than the Premises and to the Building Systems, or to its Building's fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct ofof Tenant (except damage for which Tenant is not responsible pursuant to the provisions of Article 10 hereof), or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired by Landlord, at Tenant’s 's sole cost and expense, (a) . All repairs by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of first quality or and of a class equal to the original consistent with midtown Manhattan "class A" office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall, promptly after becoming aware of same, give Landlord notice of any defective condition in the Building or of any Building System, located in, servicing or passing through the Premises. Section 5.2 4.3 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law"live load" limitations set forth in the certificate of occupancy for the Premises. Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's reasonable out-of-pocket costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Section 5.3 There 4.4 Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord . Section 4.5 Landlord, when making any repairs, alterations, additions or improvements, shall use reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except that Landlord, at its expense but subject to recoupment of Tenant's Operating Share pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (a) results in a denial of access to the Premises, (b) threatens the health or safety of any occupant of the Premises, or (c) subject to the provisions of Article 10, materially interferes with Tenant's ability to conduct its business in the Premises. Section 5.4 Tenant 4.6 Both the design and decoration of the elevator areas and the public corridors of any floor of the Premises occupied by more than one (1) occupant (for any reason, including, without limitation, as a result of a subletting or occupancy arrangement, if any, in accordance with Article 12 hereof) shall be subject to Landlord's approval, which approval shall not requirebe unreasonably withheld, permit, suffer or allow and such elevator areas and public corridors shall be maintained and kept clean by Landlord pursuant to the cleaning of any window specifications referred to in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement28.4 hereof.

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary ------------ repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises with respect to which Tenant shall have performed an Alteration or repair which shall have affected such Building Systems) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems with respect to which Tenant shall have performed an Alteration or repair which shall have affected such Building Systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 hereof and 11damage caused by Landlord, Landlord's agents, employees or contractors. Landlord shall repair, at Landlord's sole cost and expense, all damage to the Premises caused by or resulting from the negligence of Landlord or Landlord's agents, employees or contractors. Notwithstanding the foregoing, but subject to Section 10.5 hereof, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessnessomission (where this Lease or applicable law imposes a duty to act), omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises, or in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises ------------ exceeding the floor load sixty (60) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize ------------ interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within ten (10) Business Days after demand, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Section 5.4 Tenant 4.4. Both the design and decoration of the elevator areas of each ------------ entire floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant (as a result of a subletting or occupancy arrangement, if any, in accordance with Article 12 hereof) shall be subject to Landlord's approval, which approval shall not requirebe unreasonably withheld, permitconditioned or delayed, suffer or allow the cleaning of any window and such elevator areas and public corridors shall be maintained and kept clean by Tenant to Landlord's reasonable satisfaction. Nothing contained in the foregoing sentence, however, shall vitiate Landlord's obligation to clean the Premises from the outside as provided in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement28.4 hereof.

REPAIRS; FLOOR LOAD. Section 5.1 6.1. Landlord shall maintain and repair, in a good and workmanlike mannerrepair the Structural Components, the Building Systems and the public portions of the Building, both exterior and interior, in a good and the structural elements thereof, including the roof, foundation and curtain wallworkmanlike manner. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs Repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11, 12, and 1113. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct of, willful misconduct of or Alterations made by Tenant, Tenant’s agents, employees or licensees, any Tenant Party shall be repaired at Tenant’s expense, expense (ai) by Tenant to the satisfaction of Landlord (Landlord’s satisfaction, if the required repairs Repairs are non-structural and structural, do not affect any Building System), and may be performed entirely within the Premises, or (bii) in all other instances by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all any damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs Repairs by Tenant shall be of quality or class and workmanship at least equal to the original work or construction. If Tenant fails after fifteen thirty (1530) days notice, or without notice in the event of an emergency involving imminent danger to persons or property, to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs Repairs at the expense of Tenant’s expense, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten thirty (1030) days after the rendition of a xxxx or statement therefor. Section 5.2 6.2. Tenant shall not place a load upon on any floor of the Premises exceeding the floor load per square foot which that such floor was designed to carry and which is allowed by lawLaw. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires items require special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There 6.3. Except as set forth in Section 10.6(b), there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 6.4. Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal RequirementLaw.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall maintain make all necessary repairs and repair, in a good replacements (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the Building and the Premises and the structural elements thereofcomponents of the Premises, including and shall operate and maintain the roof, foundation and curtain wallBuilding in conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for (i) reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof and (ii) damage caused by the negligence or willful misconduct of Landlord or Landlord’s employees, agents, contractors or designees. Notwithstanding the foregoing, (a) all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord’s insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), ) or (b) by Landlord (if the required repairs are structural in nature or affect any Building System)) and (b) all damage or injury to the Premises (other than Alterations) or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the negligence or willful misconduct of Landlord, Landlord’s agents, employees, contractors, subcontractors or materialmen, and not covered by Tenant’s insurance policies and any waiver of subrogation in favor of Landlord thereon, shall be repaired by Landlord at Landlord’s sole reasonable cost and expense. Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant installation or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If the (i) Tenant fails after fifteen ten (1510) days’ notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make and (ii) such repairs shall affect (A) a portion of the Building outside the Premises or (B) the Premises and the failure to perform such repair within the Premises may (x) cause a default under any Mortgage or Superior Lease, (y) adversely affect Landlord’s ability to maintain and operate the Building in accordance with the terms hereof, or (z) cause imminent danger to persons or property, the same may be made by Landlord at the reasonable expense of Tenant, and Tenant shall pay the costs and reasonable out-of-pocket expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten twenty (1020) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building System, located in, servicing or passing through the Premises; provided, however, that the failure to give such notice shall not constitute a default under this Lease or vitiate any of Landlord’s repair obligations as set forth in this Lease. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which “live load” unless such floor was designed to carry increased load shall otherwise be permitted by all applicable Requirements and which is allowed by lawthe Certificate of Occupancy (as hereinafter defined, as the same may be modified or amended). Tenant shall not move any safe, heavy machines or machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld or delayed. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance, other than a de minimis amount thereof. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof; provided, however, that, except as otherwise provided in Section 14.3 hereof, the foregoing shall not prevent Tenant from seeking specific performance of Landlord’s obligations under this Article 4 in the event Landlord fails to perform such obligations. Section 4.3 Subject to the provisions of Section 4.4 hereof and except as otherwise provided in this Lease, Landlord or Landlord’s employees, agents, contractors or designees shall have the right (x) to enter the Premises at all reasonable times (except in the case of an emergency, in which case at any time) upon reasonable prior notice (except in case of an emergency, which notice may be oral) and subject to Tenant’s right to have a representative present, without the same constituting (i) a breach by Landlord of any provisions of this Lease, (ii) a breach of Tenant’s quiet enjoyment, (iii) an actual or constructive eviction, or (iv) a release of Tenant’s obligations to pay Fixed Rent, Escalation Rent, or any items of Rental, and without incurring any liability to Tenant therefor, to repair, change or otherwise alter the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other space within the Building other than the Premises and (y) to change the name, number or designation by which the Building is commonly known, provided any such repair, change or alteration (a) does not unreasonably deprive Tenant of reasonable access to the Building or the Premises, or (b) does not reduce the rentable area (except by a de minimis amount) of the Premises. Subject to the release and waiver of subrogation provisions as more particularly described in Section 10.5 hereof, Landlord, at its expense, shall promptly repair any damage to the Premises and Tenant’s Alterations caused by Landlord in its performance of any such repair, change or alteration. All parts (except surfaces facing the interior of the Premises) of all floors, ceilings, walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, all roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, Building stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities) are not part of the Premises, and Landlord shall have the use thereof, as well as reasonable access thereto through the Premises in accordance with the terms and conditions of this Section 4.3 for the purposes of operation, maintenance, alteration and repair. Notwithstanding the foregoing, Tenant shall have access to the electrical and telephone closets located on the same floor in the Building as the Premises, subject to Landlord’s reasonable consent and the terms and conditions of this Agreement. Section 4.4 Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to the Building and the Premises and enjoyment, use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements and to perform and complete such repairs, alterations, additions or improvements with due diligence; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense, shall employ contractors or labor at so-called overtime or other premium pay rates (without reimbursement from Tenant except to the extent such reimbursement shall otherwise be an Operating Expense hereunder) if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of reasonable access to, or use of, any material portion of the Premises or (ii) adversely affects Tenant’s use and occupancy of the Premises, or (iii) threatens the health or safety of any occupant of the Premises or (iv) except in the case of fire or other casualty, materially interferes with Tenant’s ability to conduct business in the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates (without reimbursement from Tenant except to the extent such reimbursement shall otherwise be an Operating Expense hereunder) and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between (i) the overtime or allow other premium pay rates, including all fringe benefits and other elements of such pay rates, and (ii) the cleaning regular pay rates for such labor, including all fringe benefits and other elements of any window in the Premises from the outside in violation of Section 202 such pay rates. If more than one tenant of the New York Labor Law Building, including Tenant, shall request that Landlord employ contractors or any successor statute theretolabor at so-called overtime or other premium pay rates relating to the same work for which Tenant is chargeable, or then Tenant shall only be charged for a proportionate share of any other Legal Requirementsuch overtime costs and expenses, which apportionment shall be based on the amount of overtime work requested by such parties.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenant, at Tenant’s 's expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by Tenant, Tenant’s 's agents, employees or licensees, shall be repaired at Tenant’s 's expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roofroof in conformance with the standards of non-institutional office buildings in Manhattan comparable to the Building. In making such repairs, foundation Landlord shall use reasonable efforts to minimize interference with Tenant's occupancy of the Premises, provided that (i) the Landlord shall not be obligated to use overtime or premium pay labor, and curtain wall(ii) the foregoing shall not apply to repairs in an emergency situation. TenantTenant shall, at Tenant’s expensethroughout the Term, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord the reasonable cost of all replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant, Tenant’s agents's servants, employees employees, invitees or licensees, shall be repaired promptly by Landlord at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make Tenant or if such repairs are structural in nature or affect a Building system, the same may be made by Landlord, at the expense of Tenant, Tenant and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, shall be collectible by Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air- cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, freightnoise and annoyance. Except as provided in Article 10 hereof or if directly caused by the negligence or wilful misconduct of Landlord or its agents or employees, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making are or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and repair the public portions of the Building, both exterior and interior. Tenant shall, and throughout the structural elements thereofTerm, including the roof, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the provisions lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises within ten (10) days after rendition of Articles 10 and 11a bill therefor. Notwithstanding the foregoing, all damage or injury to the tx xxe Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx bill or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice xx any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be, freightplaced and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's judgment to absorb and prevent vibration, bulky matter or fixtures into or out of the Building without Landlord’s prior consentnoise and annoyance. If such safeExcept as expressly provided in Article 10 hereof, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of If the Premises in making be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any repairspurposes other than those for which they were designed or constructed, alterationsand no sweepings, additions or improvements; providedrubbish, howeverrags, that Landlord shall have no obligation to employ contractors or labor at overtime acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 7.1 Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any exterior or structural components of the Building or the Building Systems, except that Tenant shall maintain the fire and 11life safety systems and components thereof installed within the Premises and connected to the Class E Systems by entering into a maintenance contract with the Building’s Class E Systems contractor. The design and decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including the Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct wrongful or negligent omission of, or Alterations made by Tenantby, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also All of the aforesaid repairs shall repair all damage to be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in the immediate vicinity of the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be made in accordance with the provisions of quality or class equal to the original work or constructionArticle 6. If Tenant fails shall fail, after fifteen ten (1510) days Business Days’ notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make diligently pursue repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord notice promptly after becoming aware of any defective condition in any Building Systems located in, servicing or passing through the Premises. Section 5.2 7.2 Tenant shall not place a load upon any floor of the Premises exceeding which exceeds the floor load per square foot which “live load” for such floor that such floor was designed to carry and which is allowed by lawcarry. Tenant shall not locate or move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, and Tenant shall make payment to Landlord of Landlord’s reasonable out-of-pocket costs in connection therewith, plus fifteen (15%) percent for Landlord’s overhead (if such move is not part of an Alteration). If such safe, machinery, equipment, freight, bulky matter or fixtures fixture requires special handlinghandling (as reasonably determined by Landlord), Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 5.3 There 7.3 Landlord (at its expense, but subject to the reimbursement by Tenant under the provisions of Article 3 to the extent permitted thereby) shall be no allowance operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems (including the maintenance and all necessary repairs and replacements of the DX Unit) and the common areas and other public portions of the Building, both exterior and interior, in conformance with standards applicable to first-class office buildings in the immediate vicinity of the Building, except for those repairs for which Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or is responsible pursuant to any portion other provision of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereofthis Lease. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or additional expenses whatsoever. Section 5.4 improvements. Notwithstanding the foregoing, if Tenant shall not requireso request, permitLandlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, suffer alterations, additions or allow improvements, provided Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after demand therefor, an amount equal to the cleaning reasonable, out-out-of-pocket overtime costs incurred by Landlord by reason of compliance with Tenant’s request. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any window repairs, alterations, additions or improvements in the Premises from the outside in violation of Section 202 or to any portion of the New York Labor Law Building or any successor statute theretothe Premises, or of any other Legal Requirementits fixtures, appurtenances or equipment.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including the roof, foundation and curtain wallin conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord’s insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first-class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days’ notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which such floor was designed to carry and which is allowed by law“live load”. Tenant shall not move any safe, heavy machines or machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which consent shall not be unreasonably withheld. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant’s expense in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance, other than a de minimis amount thereof. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof, provided, however, that the foregoing shall not prevent Tenant from seeking specific performance of Landlord’s obligations under this Article 4 in the event Landlord fails to perform such obligations. Section 4.3 Subject to the provisions of Section 4.4 hereof, Landlord or Landlord’s agents or designees shall have the right to enter the Premises at all reasonable times (except in the case of an emergency) upon reasonable prior notice (except in case of an emergency, which notice may be oral), without the same constituting (i) a breach by Landlord of any provisions of this Lease, (ii) a breach of Tenant’s quiet enjoyment, (iii) an actual or constructive eviction, or (iv) a release of Tenant’s obligations to pay Fixed Rent, Escalation Rent, or any items of Rental, and without incurring any liability to Tenant therefor, to repair, change or otherwise alter the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other space within the Building other than the Premises and to change the name, number or designation by which the Building is commonly known, provided any such repair, change or alteration (a) does not unreasonably deprive Tenant of access to the Building or the Premises, or (b) does not reduce the rentable area (except by a de minimis amount) of the Premises. Subject to the release and waiver of subrogation provisions as more particularly described in Section 10.5 hereof, Landlord, at its expense, shall promptly repair any damage to Tenant’s Alterations caused by Landlord in its performance of any such repair, change or alteration. All parts (except surfaces facing the interior of the Premises) of all floors, ceilings, walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, all roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities) are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Section 4.4 Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to the Building and the Premises and enjoyment, use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements and to perform and complete such repairs, alterations, additions or improvements with due diligence; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises or (ii) threatens the health or safety of any occupant of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between (i) the overtime or allow other premium pay rates, including all fringe benefits and other elements of such pay rates, and (ii) the cleaning regular pay rates for such labor, including all fringe benefits and other elements of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirementsuch pay rates.

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make or commence making repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent additional rent within ten fifteen (1015) days Business Days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's actual out-of-pocket costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall not requirepay to Landlord, permitas additional rent, suffer within fifteen (15) Business Days after demand, an amount equal to the difference between the overtime or allow other premium pay rates and the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of regular pay rates for such labor and any other Legal Requirementovertime costs or expenses so incurred.

REPAIRS; FLOOR LOAD. Section 5.1 4.1 Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, non-structural) to the Building Systems and the public portions of the BuildingBuilding and the structural portions of the Premises, both exterior and interior, as well as latent defects in the portions of the Building outside of the Premises and the structural elements thereofcomponents of the Premises, including the roof, foundation and curtain wallin conformance with standards applicable to comparable first-class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 and 1111 hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect negligence or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, contractors, subcontractors or licenseesmaterialmen, and not covered by Landlord's insurance policies and any waiver of subrogation in favor of Tenant thereon, shall be repaired at Tenant’s 's sole reasonable cost and expense, (a) either by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises to the extent caused by the making of any Alterations by Tenant or by the moving of Tenant’s 's Property. All of such the aforesaid repairs shall be of first quality or and class equal to the original consistent with first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days' notice (or such shorter period (but in no event less than five (5) days notice or such shorter period as may be required due to an emergency) as Landlord may be permitted pursuant to any Superior Lease or Mortgage) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the reasonable expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default RateApplicable Rate from the time the expense was incurred, shall be forthwith paid to Landlord as Additional Rent additional rent within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery by Tenant of any defective condition in any Building system, located in, servicing or passing through the Premises. Section 5.2 4.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which such floor was designed to carry and which is allowed by law. "live load." Tenant shall not move any safe, heavy machines or machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance, other than a de minimis amount thereof. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof, provided, however, that the foregoing shall not prevent Tenant from seeking specific performance of Landlord's obligations under this Article 4 in the event Landlord fails to perform such obligations. Section 4.3 Subject to the provisions of Section 4.4 hereof, Landlord or Landlord's agents or designees shall have the right to enter the Premises at all reasonable times (except in the case of an emergency) upon reasonable prior notice (except in case of an emergency, which notice may be oral), without the same constituting (i) a breach by Landlord of any provisions of this Lease, (ii) a breach of Tenant's quiet enjoyment, (iii) an actual or constructive eviction, or (iv) a release of Tenant's obligations to pay Fixed Rent, Escalation Rent, or any items of Rental, and without incurring any liability to Tenant therefor, to repair, change or otherwise alter the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other space within the Building other than the Premises and to change the name, number or designation by which the Building is commonly known, provided any such repair, change or alteration (a) does not unreasonably deprive Tenant of access to the Building or the Premises, or (b) does not reduce the rentable area (except by a de minimis amount) of the Premises. Subject to the release and waiver of subrogation provisions as more particularly described in Section 10.5 hereof, Landlord, at its expense, shall promptly repair any damage to Tenant's Alterations caused by Landlord in its performance of any such repair, change or alteration. All parts (except surfaces facing the interior of the Premises) of all floors, ceilings, walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, all roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Section 4.4 Landlord shall use its reasonable efforts to minimize interference with Tenant’s 's access to the Building and the Premises and enjoyment, use and occupancy of the Premises in making any repairs, alterations, additions or improvementsimprovements and to perform and complete such repairs, alterations, additions or improvements with due diligence; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises or (ii) threatens the health or safety of any occupant of the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between (i) the overtime or allow other premium pay rates, including all fringe benefits and other elements of such pay rates, and (ii) the cleaning regular pay rates for such labor, including all fringe benefits and other elements of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirementsuch pay rates.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord 5.01. Tenant shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. Tenantmake, at Tenant’s 's cost and expense, shall take good care of all nonstructural repairs to the Demised Premises and the fixtures, systems, equipment and appurtenances therein, and make all non-structural repairs thereto therein as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to from the provisions of Articles 10 and 11elements, fire or other casualty excepted. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances in the Demised Premises, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect the acts or improper conduct of, negligence of Tenant (except fire or Alterations made other damage caused by Tenant's acts or negligence, Tenant’s agents, employees if the fire or licenseesother all-risk insurance policies carried (or which are required to be carried hereunder) by Landlord are not or would not be invalidated by this provision as and to the extent provided in Section 7.08), shall be repaired promptly by Tenant at Tenant’s its sole cost and expense, (a) reasonable wear and tear, obsolescence and damage and repairs for which Tenant is not responsible under the terms of this Lease excepted. All damage or injury to the fixtures, equipment and appurtenances in the Demised Premises or thereto caused by Tenant to the satisfaction moving property in or out of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving installation or removal of furniture, fixtures or other property, and for which Landlord has not been or will not be reimbursed by insurance required to be or otherwise maintained by Landlord or Tenant’s Property. All of such repairs , shall be of repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be reasonably comparable in quality or class equal to the original work or constructioninstallations. If Tenant fails after fifteen to make any repairs, restorations or replacements referred to in this Section 5.01, Landlord may serve notice of such failure on Tenant and of Landlord's intention to enforce its rights pursuant to this sentence, and if Tenant fails to make such repairs, restorations, or replacements or to diligently commence efforts to make such repairs, restorations or replacements within twenty (1520) days notice of the giving of such notice, they may be made by Landlord at the reasonable expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after submission to proceed with due diligence to make Tenant of a xxxx therefor. Furthermore, any of the aforesaid repairs required to be made by TenantTenant may, at the election of Landlord may make be made solely by Landlord if the required repairs, restorations or replacements are structural in nature or affect any Building System or any portion of the Building outside of the Demised Premises, in which event such repairs shall be made at the reasonable expense of Tenant, Tenant and Tenant shall pay the costs and expenses reasonable cost thereof incurred by Landlord, with interest at Landlord shall be paid to Landlord as additional rent within thirty (30) days after submission of the Default Rate, as Additional Rent xxxx therefor. Such election by Landlord shall be made within ten (10) days after rendition of a xxxx Landlord is notified by Tenant or statement thereforotherwise has actual knowledge that such repair, restoration or replacement is required, by notice given to Tenant, failing which it shall be deemed that Landlord has elected to perform such repair. Section 5.2 Tenant 5.02. Landlord shall not place make all structural or non-structural repairs, restorations and replacements, other than those specified in Section 5.01, necessary to put, keep and maintain the Real Property (including, the sidewalks and curbs adjacent to the Building) and the Demised Premises in good condition and repair consistent with a load upon any floor first-class office building in the midtown Park Avenue area of New York City and, in addition, repair, maintain and keep in good working condition and repair, and replace, if necessary, consistent with a first class office building in the midtown Park Avenue area of New York City, all electric wiring, conduits and risers, plumbing, water, heat and chilled water facilities, air conditioning controls and air distribution systems and other Building Systems, and all elevators, escalators, entrances, lobbies, halls and public areas in the Building through which access may be had to the Demised Premises exceeding and all "base building" bathrooms on floors on which the floor load per square foot Demised Premises are located, and in addition make all repairs, restorations and replacements, structural and otherwise, interior and exterior, ordinary and extraordinary, the need for which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or arises out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter acts or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part negligence of Landlord by reason of inconvenienceor its employees, annoyance or injury to business arising from Landlord makingagents, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime invitees (except fire or other premium pay rates damage caused by Landlord's acts or negligence, if the fire or other all-risk insurance policies carried (or which are required to incur any other overtime costs be carried hereunder) by Tenant are not or additional expenses whatsoever. would not be invalidated by this provision as and to the extent provided in Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.7.08

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural of nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs repair are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent within ten (10) days additional rent after rendition of a xxxx or bill xx statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load one hundred twenty (120) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines (other than standard office machines), freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or of labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 , except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall not requirepay to Landlord, permitas additional rent, suffer within ten (10) Business Days after demand, an amount equal to the difference between the overtime or allow other premium pay rates and the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of regular pay rates for such labor and any other Legal Requirementovertime costs or expenses so incurred.

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. (Landlord’s obligation in the preceding sentence shall include an obligation to maintain the public portions of the Building in a clean and neat condition.) Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein that exclusively serve or benefit the Premises, and all fixtures, systems, equipment and appurtenances outside the Premises that both exclusively service the Premises or any portion thereof and are installed by or on behalf of Tenant or at Tenant’s request, and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Notwithstanding the foregoingforegoing or anything contained in the following provisions of this Section or in any other provision of this Lease which may be deemed to the contrary, all Tenant’s Property, whether within or outside the Premises, including Antenna Equipment (as such term is defined in Section 10.10) and the Tenant’s HVAC System (as such term is defined in Section 10.2(c)), shall be maintained, repaired and replaced (if necessary) at Tenant’s sole cost and expense. In addition, and notwithstanding anything contained in this Section or any other provision of this Lease to the contrary, and subject to Section 11.2, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct willful misconduct of, or Alterations made by TenantTenant or any Tenant Party, but (except in the case of Tenant’s agentsProperty and Alterations) only to the extent not caused by the negligence or willful misconduct of Landlord or any Landlord Party (and, employees in the case of Tenant’s Property and Alterations, only to the extent not caused by the willful misconduct of Landlord or licenseesany Landlord Party), shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (Tenant, if the required repairs are non-structural and do not affect any Building System), subject to Landlord’s approval as and to the extent provided under Article 4, or (b) by Landlord (if the required repairs are structural or affect affect, in any material respect, any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs shall be of quality or class equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant’s expense, and Tenant shall pay the costs and expenses thereof so incurred by Landlord, with interest as well as the costs and expenses incurred by Landlord to perform the repairs described in clause (b) above, with, in both cases, at the Default Rate, as Additional Rent within ten thirty (1030) days after rendition of a xxxx bxxx or statement therefor. Section 5.2 6.2 Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which that such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent, which will not be unreasonably withheld. If such safe, equipment, freight, bulky matter or fixtures requires items require special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 6.3 There shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant agrees to reimburse Landlord for the incremental cost thereof. Notwithstanding the foregoing, if an emergency condition exists that Landlord is obligated to cure or repair pursuant to this Lease, and such condition poses an imminent danger to persons or property or is likely to render the Premises or any material portion thereof unusable for the conduct of Tenant’s business, then Landlord shall, at Landlord’s expense, use overtime labor to the extent necessary to correct such condition. Section 5.4 6.4 Notwithstanding anything to the contrary contained in any other provision of this Lease, in the event that (a) Tenant is unable to use all or any material portion of the Premises for the ordinary conduct of Tenant’s business, and such condition continues for a period in excess of five (5) consecutive days, (b) Tenant does not actually use the Premises or such portion thereof during such period, and (c) such condition has not been caused by any act, negligence or misconduct of Tenant or any Tenant Party, then Fixed Rent, Tenant’s Tax Payment and, if applicable, the Storage Fee (as such term is defined in Section 29.6) shall be reduced on a per diem basis in the proportion that the area of the unusable portion of the Premises bears to the total Premises Area, for the period commencing on the first (1st) day after the commencement of such condition and ending on the earlier of (i) the date Tenant reoccupies the Premises or the affected portion thereof, as the case may be, for the ordinary conduct of its business, or (ii) the date that such condition is substantially remedied. Tenant shall give Landlord prompt notice of the occurrence of any such condition. Section 6.5 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal RequirementLaw. Landlord shall cause the exteriors of the exterior windows in the Premises to be cleaned at least two (2) times per calendar year.

REPAIRS; FLOOR LOAD. Section 5.1 6.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions structural elements of the Building, both exterior including the roofs, foundations and interiorcurtain walls thereof, and the structural elements thereof, including Building Systems serving the roof, foundation and curtain wallBuilding up to the point of connection to the Premises. Tenant, at Tenant’s expense, shall take good care of the Premises, Premises Equipment, Tenant’s Equipment, Tenant’s Alterations and the fixtures, systems, equipment and appurtenances therein, and make all structural and non-structural repairs (other than those repairs specifically identified as Landlord responsibilities above) thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles 10 11 and 1112. Notwithstanding the foregoing, all damage or injury to the Premises, Premises Equipment or to any other part of the Building, or to its fixtures, equipment and appurtenances, caused by or resulting from carelessness, omission, neglect the negligence or improper conduct of, willful misconduct of or Alterations made by Tenant, Tenant’s agents, employees Tenant or licensees, any Tenant Party shall be repaired at Tenant’s expense, (a) by Tenant to the satisfaction of Landlord (Landlord, if the required repairs are non-structural and structural, do not affect any Building System), and may be performed entirely within the Premises, or (b) in all other instances, by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building Building, Premises and the Premises Equipment caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such repairs by Tenant shall be of first quality or class materials and workmanship at least equal to the original work or construction. If Tenant fails after fifteen (15) days notice to proceed with due diligence to make repairs required to be made by Tenant, Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, as Additional Rent within ten (10) days after rendition of a xxxx bxxx or statement therefortherefore. Section 5.2 (a) Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by lawLaws. Tenant shall not move any safe, heavy equipment, business machines, freight, bulky matter equipment or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter which shall not be unreasonably withheld or fixtures requires special handlingdelayed. (b) Subject to the provisions of Article 4, Tenant shall employ only persons holding a Master Rigger’s license have the right to do reinforce the floor and ceiling load capacity at its own cost and expense beyond that provided by Landlord, provided that such work. Section 5.3 There reinforcement shall be no allowance to Tenant for a diminution not (i) adversely affect the structural integrity of rental value, no constructive eviction the affected portions of Tenant and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord makingBuilding, or failing to make(ii) require access to, or penetration of the floor slab adjacent to, any repairs, alterations, additions or improvements in or to any portion space outside of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, to the extent caused by or resulting from carelessness, omissionomission (where this Lease or applicable law imposes a duty to act), neglect or improper conduct of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of a quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord as Additional Rent additional rent within ten twenty (1020) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load one hundred twenty (120) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such work. Section 5.3 There hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within ten (10) Business Days after demand therefor accompanied by reasonably detailed backup documentation, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Section 5.4 Tenant 4.4. If any floor of the Office Premises shall be occupied by more than one (1) occupant (as a result of a subletting or occupancy arrangement, if any, in accordance with Article 12 hereof which legally demises separate premises to another occupant), then both the design and decoration of the elevator areas of each entire floor of the Office Premises and the public corridors of any floor of the Premises shall be subject to Landlord's approval, which approval shall not requirebe unreasonably withheld, permit, suffer or allow the cleaning of any window and such elevator areas and public corridors shall be maintained and kept clean by Tenant to Landlord's reasonable satisfaction. Nothing contained in the foregoing sentence, however, shall vitiate Landlord's obligation to clean the Office Premises from the outside as provided in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement28.4 hereof.

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, repair the Building Systems systems, public and the public structural portions of the Building, both exterior and interior, and except that Landlord shall have no responsibility to maintain or repair the structural elements thereofSupplemental Units. Tenant shall, including throughout the roofTerm, foundation and curtain wall. Tenant, at Tenant’s expense, shall take good care of the Premises and the fixtures, systems, equipment fixtures and appurtenances thereintherein and at Tenant's sole cost and expense, and make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence tear and damage for which Tenant is not responsible pursuant under the terms of this Lease excepted. Tenant shall pay Landlord for all reasonable out-of-pocket costs for replacements to the provisions of Articles 10 lamps, tubes, ballasts and 11starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of, of or Alterations made by Tenant or any of Tenant's servants, Tenant’s agentsemployees, employees invitees or licensees, shall be repaired promptly by Tenant, at Tenant’s its sole cost and expense, (a) by Tenant to the satisfaction of Landlord (if the required repairs are non-structural and do not affect any Building System), or (b) by Landlord (if the required repairs are structural or affect any Building System)Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property's fixtures, furniture or equipment. All of such the aforesaid repairs shall be of quality or and class equal to the original work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen ten (1510) business days notice to proceed with due diligence to make repairs required to be made by TenantTenant hereunder, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest at the Default Rate, Landlord shall be collectible by Landlord as Additional Rent within ten (10) days additional rent promptly after rendition of a xxxx or statement therefor. Section 5.2 . Tenant shall give Landlord prompt notice of any defective condition in any plumbing, electrical, air-cooling or heating system located in, servicing or passing through the Premises. Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Tenant shall not move any safe, heavy equipmentLandlord reserves the right to reasonably prescribe the weight and position of all safes, business machinesmachines and heavy equipment and installations. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, freightnoise and annoyance. Except as expressly provided in Article 10 hereof, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safe, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s license to do such work. Section 5.3 There there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building Building, or the Premises, or in or to fixtures, appurtenances appurtenances, or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy , except that if, because of the Premises in making making, or failing to make, by Landlord of any repairs, alterations, additions or improvements; providedimprovements in or to any portion of the Building and if, howeveras a result thereof, Tenant is unable to occupy the Premises for Tenant's Permitted Use for a period of at least ninety (90) consecutive days (but no greater than 120 days in any 6 month period), Tenant shall have the right to terminate this Lease by delivering to Landlord at least a thirty (30) day written notice, in which event this Lease shall terminate on the date designated in such notice, provided that on such date on which the Lease is scheduled to terminate, Tenant is still unable to occupy the Premises for the Permitted Uses. If the Premises be or become infested with vermin as a result of Tenant's acts or omissions, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. If the Premises become infested with vermin as a result of Landlord's acts or omissions, Landlord shall have cause the same to be exterminated as soon as is commercially reasonable. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no obligation to employ contractors or labor at overtime sweepings, rubbish, rags, acids or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeversubstances shall be deposited therein. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.

REPAIRS; FLOOR LOAD. Section 5.1 4.1. Landlord shall operate, maintain and repair, in a good make all necessary repairs (both structural and workmanlike manner, nonstructural) to the part of the Building Systems which provide service to the Premises (but not to the distribution portions of such Building Systems located within the Premises) and the structural portion of the Building, the roof, and the sidewalks adjacent to the Building, and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wallin conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant’s 's sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances therein, therein and the distribution portions of such Building Systems and shall make all non-structural nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Articles Article 10 and 11hereof. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the BuildingBuilding and Building Systems, or to its fixtures, equipment and appurtenancesappurtenances (other than any damage with respect to which Article 10 shall apply), whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct the negligence of, or Alterations made by by, Tenant, Tenant’s 's agents, employees employees, invitees or licensees, shall be repaired at Tenant’s 's sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural nonstructural in nature and do not affect any Building System), or (b) by Landlord (if the required repairs are structural in nature or affect any Building System). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be of first quality or and of a class equal to the original consistent with non-institutional first class office building work or constructionconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after fifteen thirty (1530) days days' notice (or such shorter period as Landlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord may make such repairs at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be forthwith paid to Landlord as Additional Rent additional rent within ten thirty (1030) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Building or in any Building System, located in, servicing or passing through the Premises of which Tenant has knowledge. Section 5.2 4.2. Tenant shall not place a load upon any floor of the Premises exceeding the floor load fifty (50) pounds per square foot which such floor was designed to carry and which is allowed by law"live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s 's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, and shall make payment to Landlord of Landlord's reasonable, out-of-pocket costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger’s 's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done at any time, provided that if such work. Section 5.3 There work is reasonably likely to materially interfere with the operation of the Building or unreasonably interfere with the use and occupancy of the Building by other tenants, then such work shall be done during such hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize interference with Tenant’s access to and 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, except that Landlord, at its expense but subject to recoupment pursuant to Article 27 hereof, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of a fire or other casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, and Tenant shall pay to Landlord, as additional rent, within thirty (30) Business Days after demand, an amount equal to the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any other overtime costs or expenses so incurred. Section 5.4 Tenant shall not require, permit, suffer or allow 4.4. Both the cleaning design and decoration of the elevator areas of each entire floor of the Premises and the public corridors of any window in entire floor of the Premises from the outside occupied by more than one (1) occupant (as a result of a subletting or occupancy arrangement, if any, in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.accordance with Article 12 hereof) shall be subject to Landlord's

REPAIRS; FLOOR LOAD. Section 5.1 Landlord shall maintain and repair, in a good and workmanlike manner, the Building Systems and the public portions of the Building, both exterior and interior, and the structural elements thereof, including the roof, foundation and curtain wall. 7.1 Tenant, at Tenant’s sole cost and expense, shall take good care of the Premises and the fixtures, systems, equipment and appurtenances thereintherein (including without limitation, any restrooms within the Premises) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, except for (a) reasonable wear and tear, (b) obsolescence and (c) damage for which Tenant is not responsible pursuant to the provisions of Articles 10 Article 13. Except as otherwise provided in this Section 7.1, Tenant shall not be obligated to repair any Building Systems. The design and 11decoration of the elevator areas of each floor of the Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant shall be under the sole control of Landlord. Notwithstanding any provision contained in this Lease to the foregoingcontrary, all damage or injury to the Premises Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenancesappurtenances (including Building Systems), whether requiring structural or non-structural repairs, caused by the moving of Tenant’s Property or caused by or resulting from carelessness, omission, neglect any act or improper conduct omission of, or Alterations made by TenantBack to Contents by, Tenant or Persons Within Tenant’s agents, employees or licenseesControl, shall be repaired by Tenant, at Tenant’s sole cost and expense, (a) by Tenant to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building SystemSystems), or (b) by Landlord at Tenant’s sole cost and expense (if the required repairs are structural in nature or affect any Building SystemSystems). Tenant also shall repair all damage to the Building and the Premises caused by the making of any Alterations by Tenant or by the moving of Tenant’s Property. All of such the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality or consistent with first-class equal to office buildings in Westchester County and shall be made in accordance with the original work or constructionprovisions of Article 6. If Tenant fails shall fail, after fifteen ten (1510) days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant, and Tenant shall pay the costs and expenses thereof incurred by Landlord, with interest thereon at the Default Applicable Rate, shall be paid to Landlord, as Additional Rent Rent, within ten (10) days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises upon Tenant becoming aware of same. Section 5.2 7.2 Tenant shall not place a load upon any floor of the Premises exceeding which exceeds the floor load per square foot which such floor was designed to carry and which is allowed by law. If Tenant shall not move is moving or locating any safe, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord’s prior consent. If such safemachinery, equipment, freight, bulky matter or fixtures fixture which requires special handlinghandling (as determined by Landlord), Tenant shall employ only persons holding a Master Rigger’s license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such workhours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 5.3 There 7.3 Landlord shall (subject to Tenant’s reimbursement obligation pursuant to Article 4) operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems and the public portions of the Building, both exterior and interior, in conformance with standards applicable to first-class office buildings in Westchester County, except for those repairs for which Tenant is responsible pursuant to any other provision of this Lease. Landlord acknowledges that Tenant’s business involves manufacturing processes that are required to run uninterrupted for extended periods beyond customary business hours and that Tenant will incur substantial additional cost and expense if such manufacturing “runs” are interrupted. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises in making any repairs, alterations, additions or improvements and shall, except in the case of an emergency, attempt to coordinate with Tenant in making any repairs, alterations, additions or improvements so as to attempt to minimize any interference with Tenant’s use and occupancy of the Premises; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or improvements. Notwithstanding the foregoing, if Tenant shall so request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, alterations, additions or improvements, provided Tenant shall pay to Landlord, as Additional Rent, within ten (10) days after demand therefor, an amount equal to the excess costs incurred by Landlord by reason of compliance with Tenant’s request. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value, no constructive eviction of Tenant Back to Contents value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to its fixtures, appurtenances or equipment thereof. Landlord shall use reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeverequipment. Section 5.4 Tenant shall not require, permit, suffer or allow the cleaning of any window in the Premises from the outside in violation of Section 202 of the New York Labor Law or any successor statute thereto, or of any other Legal Requirement.