Common use of Repairs Clause in Contracts

Repairs. LANDLORD shall not be required to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD shall not be required to keep any portion Section 7.1 Save and except for the completion of incomplete items provided for in Article II, Section 2.5 hereof, and the completion of the Leased Premises in proper repair. Any work on Deferred Maintenance Items, Tenant, at its sole cost and expense, from and after the structural portions Commencement Date and throughout the term of this Lease Agreement, shall take good care of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Demised Premises and any all improvements located erected thereon and shall keep the same in good order and condition, except as expressly and make and perform all necessary routine maintenance and repairs thereof, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. When used in this Article VII, the term “repairs” shall include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Tenant shall be at least equal in quality and cost to the original work. The necessity for or adequacy of repairs shall be measured by the standards which are appropriate for buildings of similar construction and class, provided above LANDLORD that Tenant shall have no obligation in any event make all repairs necessary to avoid any structural damage or other damage or injury to the Building or other improvements erected on the Demised Premises. Landlord’s prior written consent shall be required for any Tenant repair, maintainthe cost of which exceeds $15,000. Landlord shall not unreasonably withhold or delay its consent to any such repair. Section 7.2 Tenant shall put, alter keep and maintain all portions of the Demised Premises and the parking areas, sidewalks, curbs, entrances, passageways and all areas adjoining the same, in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions. Section 7.3 Other than warranty work required by law, and once the Improvements and Deferred Maintenance Items have been completed, Landlord shall not be required to furnish any services or modify facilities or to make any repairs or alterations in, about, or to the Leased Demised Premises or any part thereofimprovements erected thereon. After completion of the Improvements and the Deferred Maintenance Items, Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and improvements thereon. Section 7.4 Tenant shall not do or suffer to be done any waste or damage, disfigurement or injury to the Demised Premises, or any plumbingimprovements erected thereon, heatingor to the fixtures or equipment therein, electrical, air conditioning or permit or suffer to occur any overloading of the floors or other mechanical installation therein. Upon the commencement use of the term of this Lease, LANDLORD will assign to TENANT improvements that would place an undue stress on any original warranties improvement or guarantees obtained from manufacturers or installers portion thereof beyond that for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workfacility was designed.

Repairs. LANDLORD shall not 7.01. Tenant shall, at its sole cost and expense, be required to keep any portion responsible for the maintenance and repair of the Leased Demised Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs (including all bathrooms and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a yearother sanitary facilities located therein), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the Demised Premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as expressly to structural repairs Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the Demised Premises or the Property for which Tenant is responsible, provided above LANDLORD that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall have be performed only by Landlord. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a xxxx therefor. 7.02. If the Demised Premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant's use or occupancy of any such facilities or the use of such facilities by Tenant's officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.03. Tenant shall not place a load upon any floor of the Demised Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. The floor of the Demised Premises will carry 150 pounds live load per square foot of floor space. 7.04. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and Demised Premises. Landlord shall be under no obligation to repairendeavor to reduce such vibration, maintainnoise, alter heat or modify cold beyond what is customary in current good building practice for buildings of the Leased same type as the Building. 7.05. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised- Premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any part thereofinterference with Tenant's business operations, but shall not be required to perform the same on an overtime or any plumbing, heating, electrical, air premium pay basis. 7.06. If Tenant shall install a supplemental air-conditioning or other mechanical installation therein. Upon system subject to and in accordance with the commencement of the term requirements of this Lease, LANDLORD will assign Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating Landlord and air conditioning units or facilities within the Leased Premises. TENANT agrees shall deliver to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts Landlord a copy of such companies providing for the inspection contracts and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workall amendments thereto promptly after execution thereof.

Repairs. LANDLORD shall not be required to keep any portion Lessee shall, at its expense, take good care of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallspremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair includingwhich includes, but is not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good orderor machinery installations therein; all doors, condition as well as all plate glass doors and repair at TENANT’S expense windows, fixtures and will surrender the Leased Premises at the expiration of the termappurtenances therein, and shall make all repairs, alterations, replacements and modifications necessary to keep them in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good working order and condition, except using material and labor of a kind and quality equal to the original work as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the they were upon commencement of the term of this Lease, LANDLORD will assign including structural repairs when those are necessitated by the act, omission or negligence of Lessee or its agents, employees or invitees, The exterior walls of the Building, the windows and the portions of all window xxxxx outside same are not part of the premises demised by this Lease, and Lessor hereby reserves all rights to TENANT such parts of the Building. For any original warranties existing HVAC repair cost greater than Five Hundred ($500.00) Dollars per unit, per occurrence, Lessee shall pay the first Five Hundred ($500.00) Dollars and Landlord shall pay the balance. Any required existing HVAC unit replacements shall be at the sole expense of Landlord. Lessee shall not abandon or guarantees obtained vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and free from manufacturers or installers for heating dirt, rubbish, insects and air conditioning units or facilities pests at all times and store all trash and garbage within the Leased Demised Premises, arranging for a regular pick up of such garbage and trash at Lessee’s expense. TENANT agrees to be solely responsible Lessee shall store all trash and garbage within the area designated by Lessor for such trash pick-up and thereafter to repair removal and to maintain only the structural portions receptacles of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same qualitysite, design and class color from time to time prescribed by Lessor. Lessee shall not operate an incinerator or burn trash or garbage within the Building Project. Lessee agrees, at Lessee’s sole cost and expense (i) to comply promptly and fully with all present and future governmental laws, ordinances, orders, rules and regulations affecting the Premises and/or Lessee’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the original workcleanliness, safely, occupancy and use of the same; and (ii) be and remain authorized to do business in the state in which the Building Project is located. Lessee shall make no alternations or additions to the Premises or erect any exterior signs other than a building standard Lessee sign (if any) provided by Lessor or as may be made with Lessor’s prior written consent which consent shall not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Premises and the property of Lessor, subject to the terms of this Lease unless otherwise provided by the instrument of consent. Lessee’s trade fixtures, equipment or other personal property placed on the Premises may be removed by Lessee at any time during the Rental Term; but if installation of any of same in or on the Premises or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to installation must first be procured and, upon removal, all damage to the Premises caused thereby shall be fully repaired promptly by Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for roof or structural maintenance except to the extent the same may be occasioned by Lessee’s negligence.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenant's expense, all necessary repairs to keep any portion the Leased Commercial Space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises Commercial Space damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in proper repairthis Lease. Any work on Tenant, at Xxxxxx's expense, shall have the structural portions right, upon obtaining Xxxxxxxx's consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at Commercial Space from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased PremisesCommercial Space, and fasten the same to the premises. TENANT will keep inside portions of the Leased Premises in good repair includingAll personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or placed or installed on the Leased Commercial Space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this LeaseLease provided that Tenant shall repair, LANDLORD will assign at Tenant's expense, all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased PremisesCommercial Space caused by such removal. TENANT agrees Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Commercial Space, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Commercial Space. Tenant shall be solely responsible for and thereafter paying all personal property taxes with respect to repair and to maintain the structural portions of Xxxxxx's personal property at the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workCommercial Space.

Repairs. LANDLORD 7.1 Tenant, at its sole cost and expense, throughout the term of this Lease Agreement, shall take good care of the Demised Premises (including any improvements hereafter erected or installed on the Land), and shall keep the same in good order and condition and shall make and perform all maintenance and replacements thereof and all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description which are necessary for the continued operation of Renaissance Fairs on the Demised Premises. All repairs made by Tenant shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or other damage or injury to the Improvements. 7.2 Landlord shall not be required to keep furnish any portion of services or facilities or to make any repairs or alterations in, about or to the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Demised Premises or any part thereofimprovements hereafter erected thereon. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and all improvements hereafter erected thereon, and Tenant hereby waives any rights created by any law now or hereafter in force to make repairs to the Demised Premises or improvements hereafter erected thereon at Landlord's expense. 7.3 Tenant shall not do or suffer any waste or damage, disfigurement or injury to the Demised Premises, or any plumbingimprovements hereafter erected thereon, heating, electrical, air conditioning or other mechanical installation to the fixtures or equipment therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenant's expense, all necessary repairs to keep any portion the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in proper repairthis Lease. Any work on 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the structural portions right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased Premises, and fasten the same to the premises. TENANT will keep inside portions of the Leased Premises in good repair includingAll personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease, LANDLORD will assign Lease provided that all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of by such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT removal shall be of the same quality, design and class as the original workrepaired by Tenant at Tenant's expense. 7.

Repairs. LANDLORD Landlord shall not be required to keep any portion maintain all of the Leased Premises demised Premises, excluding the Building, and shall maintain the roof, exterior structural walls, foundation as to load bearing integrity, fire sprinklers, electrical panels, and HVAC system. All of Landlord's costs of maintenance shall be subject to reimbursement pursuant to paragraph 5 hereof. Tenant shall, at its sole cost, keep and maintain (including replacements if necessary) the Building, and every part thereof (except as noted in proper the preceding paragraph) and all appurtenances in clean, good and sanitary order, condition and repair. Any work on , and Tenant expressly waives any and all rights it might otherwise have under the structural portions of the Leased Premises required for any reason will be performed law to make repairs or replacements at the expense of TENANTthe Landlord. Structural portions Tenant shall be defined as bearing wallskeep its sewers and drains (and use the same only for designated purposes) open and clear and shall keep the sidewalks and Common Areas adjacent to the Premises clean and free of all debris. Tenant agrees that it will paint, beamsvarnish, roofs and wallpaper, or otherwise redecorate or renovate the outside portions interior of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals Tenant's trade fixtures when necessary to maintain the Leased Premises and in a first-class condition. Landlord for the benefit of Tenant will enforce all rights to repair or replacement of defective work under contracts for the construction of the Building or Tenant's Improvements. On the last day of the term, or at any improvements located thereon sooner termination of this Lease, Tenant shall also surrender to Landlord the Premises in good order and condition, except as expressly provided above LANDLORD shall have no obligation to sanitary condition and repair, maintainbut with reasonable use, alter or modify the Leased Premises or any part thereofwear and tear, or damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures which Tenant has the right to remove from the Premises, restoring any plumbing, heating, electrical, air conditioning damage caused by such removal. Repairs to the premises required to be made by Tenant under the provisions of this lease must be completed whether or other mechanical installation therein. Upon not they are due to either conditions existing upon the commencement of the lease, or use during the term of the lease. During the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for Lease Landlord shall keep in force preventative maintenance contracts with qualified contractors covering all heating and air conditioning units or facilities within equipment and elevator equipment which serves the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD (a) In compliance with the other provisions of this Lease, and subject to the terms of Section 10.02 herein, Tenant shall not be required to keep any portion throughout the Term, at its sole cost and expense, take good care of the Leased Premises in proper repair. Any work on and shall make all repairs and replacements to the structural portions interior and exterior of the Leased Premises required for any reason will be performed at Premises, as and when Landlord reasonably deems necessary and/or in order to preserve the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair includingworking order and condition and such obligation includes, but is not limited to, all electricalmaintaining and repairing (a) the fire protection sprinkler system, plumbing, heatingair-conditioning, air conditioning electrical and heating systems and equipment in and/or exclusively servicing the Premises (collectively, the “Systems”)(which obligation shall be satisfied by keeping in force a standard maintenance agreement with contractors on all such equipment and Systems, and Tenant shall furnish a copy thereof to Landlord (each, a “Maintenance Contract”), and (b) Tenant shall keep the plate glass, ceilings, floors, walls, and store front, all doors leading into and out of the Premises and all hardware appurtenant thereto, light bulbs, door frames, windows and (c) all windows, sidewalks, sidewalk hoists, loading docks, railings, gutters, alleys and curbs in front of or adjacent to or abutting the Premises and will put, keep and maintain the same in good and safe order and condition, and any other portion of the exterior of the Premises and free and clean from snow, ice, dirt, damage, garbage and other debris, and make all repairs therein and thereon. Landlord shall have no liability or obligation whatsoever regarding the maintenance, repair, service and replacement of the foregoing. Tenant shall pay any and all fines, as Additional Rent, issued as a result of Tenant’s failure to perform all the requirements set forth in this paragraph. Notwithstanding the defined term “Systems” above, as exclusively servicing the Premises, to the extent any of the delineated systems service other tenants in the Building, and/or the Common Areas of the Building, and to the extent repair of said systems is required, which repair is not due to the gross negligence or willful misconduct of Tenant or its employees, contractors, subcontractors, agents or representatives, then Landlord shall undertake such repair, and Tenant shall remit to Landlord, as additional rent, it’s Proportionate Share of said costs. (b) All of the foregoing repairs and maintenance shall be promptly made by Tenant at its sole cost and expense whether or not they are structural, non-structural, ordinary, extraordinary, unforeseen, foreseen, to the extent they are necessary to keep the same in compliance with all applicable laws and Governmental Authorities as a result of the specific manner of use provided for herein (as opposed to general occupancy by a tenant, the obligation of which shall include normal replace of heating and air conditioning filters at least once a yearbe borne by Landlord), signs and other mechanical installation or to the extent they are necessary for insurance requirements or to keep the Premises in good orderand safe order and condition, condition howsoever the necessity or desirability therefor may occur, and repair at TENANT’S expense whether or not necessitated by wear, tear, obsolescence or defects, latent or otherwise. Tenant shall not commit or suffer, and will surrender the Leased Premises at the expiration shall use all reasonable precaution to prevent, waste, damage or injury to all of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualtysame. When used in this paragraphArticle, the term “repairrepairs” shall include replacements all necessary replacements, renewals, alterations and renewals when additions. All repairs made by Tenant shall be in a first class wxxxxxx like manner. 10.02 Landlord shall maintain and repair the foundations, the four exterior walls and roof of the Building only and shall operate, maintain, repair and replace the Systems (up to the point of connection to the Premises, and/or in the exterior or underground of the Building), facilities and equipment directly necessary to maintain provide the Leased services which Landlord are specifically and expressly set forth in this Lease to be provided by Landlord to Tenant (unless same are installed by or are the property of Tenant or are required to be maintained and repaired by Tenant under this Lease). Landlord shall use reasonable diligence in carrying out its obligations under this Article in such a reasonable manner as to minimize any interference to Txxxxx’s business, but shall not be liable under any circumstances for any damages (including, among others, consequential damages) for any failure to do so. No reduction or discontinuance of the services described in this Article shall be construed as an eviction of Tenant or release Tenant from any of its obligations under this Lease. Landlord shall have no liability to Tenant, its employees, agents, invitees or licensees for damages, except to the extent of any damages caused to the foregoing as a result of the gross negligence or willful misconduct of Landlord, its agents, employees, subcontractors, or contractors. Tenant shall reimburse Landlord for the cost of any repairs or maintenance performed by Landlord if the need for same arose as a result of the neglect, acts, omissions or negligence of Tenant or any assignees, sublessees or occupants of the Premises or any of its or their employees, contractors, agents, visitors, or by their particular manner of use or occupancy of the Premises. Landlord shall be responsible for the maintenance of the common areas of the Building and any improvements located thereon keeping the same in good and safe order and condition, except as expressly provided above LANDLORD including, without limit, the fire egress stairs. 10.03 Notwithstanding anything to the contrary, Tenant shall have no obligation be liable for, and reimburse Landlord for, the cost of any and all repairs (structural or otherwise) to repair, maintain, alter the Building or modify the Leased Premises or any part thereofportion thereof necessitated by the negligent or willful acts or omissions of Tenant or any assignees, sublessees or occupants of the Premises or any of its or their servants, employees, contractors, agents, visitors or licensees, or any plumbing, heating, electrical, air conditioning by the use or other mechanical installation therein. Upon the commencement occupancy or manner of use or occupancy of the term Premises by Tenant or any such person/entity. All damages or injury to the Premises and the Building by Tenant or by any person/entity who may be in or upon the Premises with Txxxxx’s consent or at Tenant’s invitation, shall be paid for by Tenant. Landlord shall not be liable for, and there shall be no abatement of this LeaseRent with respect to, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises injury to or on which TENANT has caused interference with Txxxxx’s business arising from any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be maintenance, alteration or improvement to the Premises or the Building or to the fixtures, appurtenances or equipment therein or arising from the acts of any other tenant in the same qualityBuilding, design and class as the original workor its agents, employees, licensees or invitees.

Repairs. LANDLORD Tenant shall not be required to keep any portion of put, keep, repair and maintain the Leased Premises at all times in proper a good, neat, clean and sanitary condition and state of repair, reasonable wear and tear and casualty excepted, free of debris and other similar obstructions, and shall repair and replace broken plate and window glass and damage caused by the negligence or intentional act of Tenant, its officers, employees and agents. Any work on the structural portions of Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, and shall pay Landlord as additional rent the cost of such repairs made for any reason will be performed at Tenant by Landlord. Landlord shall make all necessary repairs to the expense of TENANT. Structural portions shall be defined as bearing outer walls, beamsroof, roofs and the outside portions structural elements of the Leased PremisesBuilding. TENANT will Landlord shall keep inside portions the plumbing, sewage, heating, air conditioning, electrical and ventilating systems of the Building outside the perimeter of the Leased Premises in good repair includingrepair, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and casualty damage covered by fire insurance. Landlord shall maintain and keep the common areas, grounds, driveways and parking areas in a safe, neat and clean condition. Notwithstanding the foregoing, any cost of repairs or insured casualty. When used in this paragraphimprovements to the Building, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or to any part thereofcommon areas which are occasioned by the negligence or default of Tenant, its officers, employees, agents or invitees, or any plumbingby requirements of law, heating, electrical, air conditioning ordinance or other mechanical installation therein. Upon the commencement governmental directive and which arise out of the term nature of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating Tenant’s use and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions occupancy of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep the installations of Tenant in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT Leased Premises shall be of the same qualitypaid for by Tenant, design and class as the original workadditional rent hereunder, immediately upon billing unless covered by Landlord’s Insurance.

Repairs. LANDLORD shall not be Except to the extent that Landlord has the obligation to rebuild pursuant to Paragraph 12 hereof, Tenant will, subject to Paragraph l1.A., at Tenant’s own expense, perform any maintenance, repairs and replacements of the Premises that are (i) caused by the neglect or misuse of Tenant, its employees, contractors, agents, invitees or licensees, or (ii) required to keep any portion of the Leased Premises in proper repair. Any work on the structural floors, ceilings, walls, partitions, and other interior portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions which are not a part of the Leased Premises. TENANT will keep inside portions of the Leased Premises Building’s shared systems in good repair includingand tenantable condition, reasonable wear and tear excepted. If the Tenant does not commence any such required maintenance, repair or replacement within ten (10) days of the request of Landlord to do so, or if after such commencement, Tenant does not thereafter diligently pursue same to completion, Landlord may, but not limited toneed not, all electricalmake such repairs and replacements, plumbingand Tenant shall pay Landlord the cost thereof. Landlord, heating, air conditioning as an Operating Expense (which shall include normal replace of heating and air conditioning filters at least once a yearexcept as otherwise provided in Paragraph 5), signs shall keep and other mechanical installation maintain the Building and its fixtures, appurtenances, systems and facilities serving the Premises, in good working order, condition and repair at TENANT’S expense and will surrender shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Leased Premises at Building and the expiration Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. Without limiting the generality of the termforegoing, in as good condition as when receivedLandlord shall repair and maintain, excepting ordinary wear and tear if necessary, replace (1) building structure, foundation, roof, gutters, exterior wails, window coverings, windows, and damage by fire or insured casualtyall other exterior and structural parts of the Building, (ii) hails, stairways and entry ways, elevators and common passageways and all other common areas of the Building, (iii) elevator lobbies and restrooms on each floor of the Premises (provided Tenant has not hired its own janitorial contractor to perform such repair and maintenance), and (iv) all elements of the plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilating and air conditioning system and any other of the Building’s shared systems located within the Premises. When used Nothing contained in this paragraphParagraph 8 shall require Landlord to paint or decorate the Premises. If the Landlord does not commence any required maintenance, repair or replacement within thirty (30) days of the term “repair” request of Tenant to do so (or in cases of emergency within twenty-four (24) hours after notice), or if after such commencement, Landlord does not thereafter diligently pursue same to completion, Tenant may, but need not, make such repairs and replacements, and Landlord shall include replacements and renewals when necessary pay Tenant the cost thereof within ten (10) days after notice given from Tenant to maintain the Leased Premises and any improvements located thereon in good order and condition, except Landlord specifying such costs. Except as expressly otherwise provided above LANDLORD in this Lease, Landlord shall have no obligation liability to repairTenant by reason of any inconvenience, maintainannoyance, alter interruption or modify the Leased Premises injury to business arising from Landlord’s making any repairs or any part thereof, changes which Landlord is required or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of permitted by this Lease, LANDLORD will assign or required by law, to TENANT make in or to any original warranties portion of the Building or guarantees obtained from manufacturers the Premises, or installers for heating and air conditioning units in or facilities to the fixtures, equipment or appurtenances of the Building or the Premises, provided that Landlord shall use due diligence with respect thereto. In case of repairs or changes which are made within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of unless such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or renewals or improvements can be made during business hours without material interference with Tenant’s business operations, Landlord shall make such repairs, alterations, or replacements made by TENANT shall be during non-business hours, except in the event of the same quality, design and class as the original workan emergency.

Repairs. LANDLORD shall not be required to Tenant shall, at Tenant’s own expense, keep any portion the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Leased Building on which the Premises are located, in proper repairgood order, repair and condition at all times during the Lease Term, reasonable wear and tear excepted. Any work on In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject lo the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant or, subject to the waiver of subrogation set forth in Section 10.5 below, caused by the negligence of the Landlord or Landlord Parties (as defined in Section 10.1 below); provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not. make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing. Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the Leased Premises required for any reason will be performed at floors of the expense of TENANT. Structural portions shall be defined as bearing wallsBuilding, beams, roofs and the outside portions systems and equipment of the Leased Premises. TENANT will keep inside portions Building (all of which, to Landlord’s knowledge, are in good working order and repair as of the Leased Premises Lease Commencement Date), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in good repair includingconnection therewith. Landlord may, but shall not limited be required to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender enter the Leased Premises at all reasonable times to make such repairs, alterations, improvements or additions to the expiration Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the termCalifornia Civil Code or under any similar law, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereofstatute, or any plumbing, heating, electrical, air conditioning ordinance now or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep hereafter in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workeffect.

Repairs. LANDLORD A. Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition. With respect to the Building systems serving the demised premises, Tenant shall be responsible for (i) repair and maintenance of Tenant's internal air-distribution system to the point at which the same connects to the main distribution duct for the demised premises, (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building systems shall be performed by contractors or tradesmen set forth on the Approved List. As to work which does not involve Building systems, Landlord hereby agrees not to unreasonably withhold or delay its consent to Tenant's request for approval of any contractor or tradesman not on the Approved List, provided Tenant supplies Landlord with reasonable information with respect to such contractor or tradesman. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures appurtenances and equipment or to the, Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be, in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. B. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the 'windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. C. Except as provided for in this Lease, Landlord shall maintain the Building to the extent customary and standard within the real estate industry for first-class office buildings in midtown Manhattan comparable to the Building and in connection therewith (but without being limited thereby), shall keep and maintain in good order and repair the following items, but only to the extent that such items affect Tenant in the conduct of Tenant's business and its use and enjoyment of, and access to and from the demised premises: (a) the lobbies and common corridors of the Building; (b) the roof, exterior, load- bearing columns, the structural integrity of the slab floors and foundation of the Building; (c) the HVAC, electric, elevator, plumbing, fire protection and other common Building systems servicing the demised premises to the point of connection where the same enter (or connect with the riser, conduit, direct line, or shaft, as the case may be, that enters) the demised premises; (d) the exterior windows; and (e) the exterior walls; provided, however, that with respect to all of the foregoing Landlord shall not be required responsible for repair of (and Tenant shall be solely responsible and liable therefor) any damage, defects or deficiencies thereof which shall be caused by Tenant's equipment, alterations or installations, or which shall result from acts or omissions of Tenant, its contractors, employees, agents, representatives, licensees, subtenants or invitees. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to keep carry and which is allowed by law. If Tenant shall desire a floor load in excess of that which the affected floors are designed to carry Landlord agrees (provided Landlord's architects, in their sole discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised promises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, and provided further, that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to produce such vibration, noise, heat or cold, unless (i) such vibration, noise, heat or cold is greater than the vibration, noise, heat or cold affecting the fifth (5th) floor portion of the demised premises as of the date hereof and (ii) the same unreasonably interferes with Tenant's use and occupancy of the demised premises. 7.04. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof. Any work on the structural portions of the Leased Premises required for In making any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of alterations, additions or improvements in or to the same quality, design and class as the original work.demised premises pursuant to this Section

Repairs. LANDLORD (a) Landlord shall maintain and keep the Common Areas of the Building and the Project in a good, clean and neat working order, condition and repair. Landlord shall make all necessary repairs and replacements, within a reasonable period following receipt of notice of the need therefor from Tenant, to (i) the footings, foundation, floor slab, sub-grade below floor slab and structural components (defined as the steel, floor slab, foundations, load-bearing interior and exterior walls, joists, steel frames and columnar supports) of the Project, including the Premises; (ii) all utility lines outside stub locations within the Premises, including plumbing mains and electrical panels, conduits and connections serving the Project; (iii) the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building; (iv) the roof of the Building, including roof structure, membrane, flashing, gutters, and downspouts; and (v) the Common Areas, parking areas, landscaping and public corridors and other public areas of the Project not be required constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in proper a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair. Any work on , by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited towithout limitation, all electricallavatory, plumbingshower, heatingtoilet, air conditioning (which shall include normal replace of wash basin and kitchen facilities, and supplemental heating and air conditioning filters at least once a year), signs and other mechanical installation systems (including all plumbing within the Premises connected to said facilities or systems installed by or on behalf of Tenant or existing in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration time of Landlord’s delivery of the termPremises to Tenant); provided Tenant shall not be responsible for maintenance and repairs attributable to latent defects, in as good condition as when receivedHazardous Materials not caused by Tenant or pre-existing violations of Laws, excepting ordinary wear including the ADA and tear IECC. Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and damage painting required by fire or insured casualtyTenant during the Lease Term. When used in this paragraphTenant shall pay for the cost of any repairs to the Premises, the term “repair” shall include replacements and renewals when Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. together with an administration fee equal to five percent (5%) of such costs. (c) Upon the commencement of the term expiration or earlier termination of this Lease, LANDLORD will assign Tenant shall surrender the Premises in a safe, clean and neat condition, except for normal wear and tear, casualty loss, condemnation and repairs that are not Tenant’s obligation hereunder. Prior to TENANT any original warranties the expiration or guarantees obtained earlier termination of this Lease, Tenant shall remove from manufacturers the Premises (i) all trade fixtures, furnishings and other personal property of Tenant, except as otherwise set forth in Paragraph 4(b) of this Lease, and (ii) all computer and phone cabling and wiring installed by or installers for heating on behalf of Tenant, and air conditioning units or facilities within Tenant shall repair all damage caused by such removal, and shall restore the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in forcepersonal property, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT Tenant shall be deemed to have abandoned the same, in which case Landlord may store or dispose of the same qualityat Tenant’s expense, design appropriate the same for itself, and/or sell the same in its discretion. (d) Tenant, its permitted subtenants and class as contractors, and their respective agents, employees, licensees and guests, shall have access to the original workPremises at all times, 24 hours per day, every day of the year, subject to Landlord’s reasonable access procedures, the project’s rules and regulations and other reasonable limitations set forth in this Lease.

Repairs. LANDLORD Section 6.01. Tenant shall take good care of the non-structural portions of the Demised Premises and the fixtures therein and all portions of the HVAC serving the Demised Premises, mechanical, plumbing and electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. All damage or injury to the Demised Premises or the Building or to any building equipment or systems caused by Tenant moving property in or out of the Building or by installation or removal of personalty or resulting from negligence or intentional misconduct of Tenant, its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner. Section 6.02. Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of the Building and to the Demised Premises, unless Tenant is required to keep make them under the provisions of Section 6.01 or unless required as a result of the performance of alterations by Tenant or on Tenant's behalf, in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the necessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Leased Premises Building or the Demised Premises, or in proper repairor to the fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant's business operations in the Demised Premises. Section 6.03. Any work on Tenant shall not store or place any materials or other obstructions in the structural lobby or other public portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereofBuilding, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon on the commencement of sidewalk abutting the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workBuilding.

Repairs. LANDLORD shall not 7.01 Tenant shall, at its sole cost and expense, be required responsible for the maintenance and repair of the demised premises (including, with respect to keep any full floor comprising a portion of the Leased Premises in proper repair. Any work on demised premises, all bathrooms and other sanitary facilities located therein, provided that Landlord shall maintain and repair all base Building plumbing and sewage lines to the structural portions point of entry of the Leased Premises required for any reason will be performed at demised premises, the expense costs of TENANT. Structural portions which shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a yearreimbursable under Article 3), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as expressly to structural repairs and repairs to the exterior windows, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all interior glass, including interior windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any interior glass that may be damaged with glass of the same kind and quality. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided above LANDLORD that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall have be performed only by Landlord. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within twenty (20) Business Days after rendition of a xxxx therefor. 7.02 If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.03 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area (i.e., 100 lbs for areas in which raised flooring is installed and 125 lbs. on slab) which such floor was designed to carry and which is allowed by law. 7.04 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord (acting reasonably) or to any other tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to repairendeavor to reduce such vibration, maintainnoise, alter heat or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement cold beyond what is customary in current good building practice for buildings of the term same type as the Building. Landlord shall not discriminate against Tenant in the enforcement of the provisions of the first sentence of this Section 7.04. 7.05 Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant’s business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.06 If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, LANDLORD will assign Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating Landlord and air conditioning units or facilities within the Leased Premises. TENANT agrees shall deliver to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts Landlord a copy of such companies providing for the inspection contracts and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workall amendments thereto promptly after execution thereof.

Repairs. LANDLORD 11.1 Tenant shall take good care of the Premises, including, without limiting the generality of the foregoing, all Equipment, roofs, foundations and appurtenances thereto, all vaults and all water, sewer and gas connections, pipes and mains which service the Premises (to the extent located on the Land) and which neither City nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Buildings in good and safe order and working condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable Requirements, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear and tear, obsolescence or defects, latent or otherwise. The necessity and adequacy of repairs made shall be measured by standards, which are appropriate for City buildings of similar age, construction and use. Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage or injury to the Premises. When used in this Lease, the term "repairs" shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs made by Tenant shall be at least equal in quality and class to the original work and shall be made in compliance with all Requirements, as then in force. 11.2 Landlord agrees to maintain the Hospital Property in good condition and repair at all times during the Term in accordance with standards not less than the standards by which the Hospital Property was maintained as of the Commencement Date. Except as otherwise provided in this Lease, Landlord shall not be required to keep furnish any portion services, utilities or facilities whatsoever to the Premises, nor shall Landlord have any duty or obligation to make any alteration, change, improvement, replacement, restoration or repair to the Buildings or any other improvement presently or hereafter located on the Land. Tenant assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD The Tenant shall not be required to keep any portion take good care of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of fixtures therein and shall keep the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition condition, and repair at TENANT’S the Tenant's expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of during the term of this Lease, LANDLORD including the replacement of all interior broken glass. Exterior glass broken by the Tenant will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating be replaced by Landlord, at Tenant's sole cost and air conditioning units or facilities within expense and the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain Tenant shall promptly pay the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing Landlord for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be costs thereof as additional rent for glass of the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, design the Landlord may, but need not, make such repairs and class the Tenant shall promptly pay the Landlord for the costs thereof as additional rent. On the original workexpiration or early termination or cancellation of this Lease, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as of the time of delivery to the Tenant, subject to reasonable wear and tear. All injury to the Building or fixtures caused by moving of the Tenant in and out of the Building and any and all breakage or any other injury whatsoever to the Building, fixtures or to the property of any Tenants of the Building caused by the Tenant and any damage done by water, steam, electricity, fire, or other substance to the Building or fixtures, or to the property of other Tenants in the Building caused by the Tenant may be repaired by the Landlord at the expense of the Tenant, and the cost thereof shall become due and payable by the Tenant as additional rent upon the delivery of a statement of such costs by the Landlord to the Tenant, or mailing the same, postage prepaid, to the Tenant at its last known address. 15.

Repairs. LANDLORD The Tenant shall, at its sole expense, make all necessary repairs to the leased premises, including but not limited to the boiler, heating system, plumbing system, electrical system, sewage system and other utility systems and equipment, windows, window glass, fixtures, and all appliances, and their appurtenances, and all equipment used in connection with the leased premises, except for repairs to the roof, structural walls and parking lot. Repairs to the roof, structural walls and parking lot shall be the responsibility of the Tenant, only in the event that the roof, structural walls or parking lot is damaged as a result of the Tenant's operations or negligence. Such repairs, ordinary as well as extraordinary, shall be made promptly as and when necessary. All repairs shall be in quality and class at least equal to the original work. Repairs, alterations and improvements shall be done using workmanlike standards. All work shall be performed in compliance with all applicable laws, ordinances, codes, rules and regulations. The Tenant shall be responsible for maintaining the painting and decoration of the interior of the leased premises. On default of the Tenant in making such repairs the Landlord may, but shall not be required to keep any portion make such repairs and replacements, for the Tenant's account, and the expense thereof, together with 1 1/2% interest per month thereon shall constitute and be collectable as additional rent. Landlord shall provide Tenant with written notice of default and a twenty (20) day period to cure prior to Landlord undertaking said repairs. The Landlord represents that the condition of the Leased Premises mechanical systems in proper repairthe premises are in good working order and will be maintained by the Landlord at the Landlord's sole expense for the first year of this Lease. Any work on Thereafter, all repairs will be the structural portions sole responsibility of the Leased Premises required for any reason Tenant. However, replacements of the heating, ventilation or air conditioning systems will be performed prorated between the Landlord and the Tenant as follows: The Tenant shall pay that proportion of the replacement equal to the number of years it has been a tenant at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and premises divided by the outside portions age of the Leased Premisesfailed mechanical system. TENANT will keep inside portions of For example if the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary heater needs to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon be replaced after four years following the commencement of the term of this LeaseTenant's tenancy hereunder and the heater was 16 years old at that time, LANDLORD the Tenant will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions pay twenty-five (25%) percent (4 divided by 16) of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workheater replacement.

Repairs. LANDLORD 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 10 days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. The floor of the demised premises will carry 50 pounds live load per square foot of floor space and 12 pounds for partitions per square foot of floor space. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.04. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of perform the same quality, design and class as the original workon an overtime or premium pay basis.

Repairs. LANDLORD shall not be required to keep any portion (a) By taking possession of the Leased Premises, Tenant shall be deemed to have accepted the Premises as being in proper good sanitary order, condition and repair, except for (i) patent defects of which Tenant notifies Landlord within thirty (30) days thereafter and (ii) latent defects. Any work on Except as may be otherwise specified herein, Landlord makes no representation or warranty about the suitability of the Premises for Tenant's use or the condition of the Premises or the building systems including, without limitation, the condition, installation or ownership of any intrabuilding network cabling. (b) Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair and, upon the expiration or earlier termination of this Lease, surrender the Premises to Landlord in good condition and repair, ordinary wear and tear excepted. Tenant's obligations hereunder shall include maintenance and repair of all telecommunications wiring and cabling in the Premises. (c) Notwithstanding the provisions of Paragraph 12 (a) above, Landlord shall repair and maintain the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, the plumbing, electrical and heating, air conditioning (which shall include normal replace of heating ventilating and air conditioning filters at least once a yearsystems installed or furnished by Landlord (but excluding exposed plumbing and related fixtures located in the Premises which shall be maintained by Tenant) in accordance with 19 applicable laws, statutes, ordinances, rules and regulations or governmental agencies having jurisdiction over Landlord. Landlord also shall maintain the Common Areas outside the Building. Tenant, as an Operating Expense under Paragraph 5(c) (subject to the exclusions set forth therein), signs shall pay its pro rata share of all costs incurred by Landlord in repairing and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain maintaining the structural portions of the Leased Premises and such systems described above and the Common Areas outside the Building, unless such maintenance and repairs are caused in whole or in part by the act, neglect, fault or omission of any duty by Tenant, its agents, employees, contractors, subcontractors or invitees, in which case Tenant shall reimburse Landlord for all costs incurred by Landlord in performing such maintenance and repairs. Except as provided in Paragraph 20 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or on which TENANT has caused interference with Tenant's business arising from the making of any work necessary repairs, alterations or improvements to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing any portion of the heating Premises or Common Areas, or to any fixtures, appurtenances and air conditioning equipmentequipment located in, on or about the Premises or Common Areas, provided that Landlord in making such repairs shall do so in a manner so as to minimize such interference. All repairsTenant waives the right to make repairs at Landlord's expense under any law, and/or replacements made by TENANT shall be of the same quality, design and class as the original workstatute or ordinance now or hereafter in effect.

Repairs. LANDLORD (a) Landlord shall keep the Common Areas of the Building and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not be required constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, the Building or the Project. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in proper repair. Any work on a safe, clean and neat condition, and (ii) shall bear the structural portions cost of maintenance, repair and replacement, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited towithout limitation, all electricallavatory, plumbingshower, heatingtoilet, air conditioning (which shall include normal replace of wash basin and kitchen facilities, and supplemental heating and air conditioning filters at least once a year), signs and other mechanical installation systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration time of Landlord’s delivery of the termPremises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, in as good condition as when receivedremodeling, excepting ordinary wear alteration and tear and damage painting required by fire or insured casualtyTenant during the Lease Term. When used in this paragraphTenant shall pay for the cost of any repairs to the Premises, the term “repair” shall include replacements and renewals when Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. . (c) Upon the commencement of the term expiration or earlier termination of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from manufacturers or installers for heating the Premises all trade fixtures, furnishings and air conditioning units or facilities within other personal property of Tenant and all computer and phone cabling and wiring from the Leased Premises. TENANT agrees to be solely responsible for , shall repair all damage caused by such removal, and thereafter to repair and to maintain shall restore the structural portions of the Leased Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or on personal property, Tenant shall be deemed to have abandoned the same, in which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in forcecase Landlord may store the same at Tenant’s expense, appropriate the typical service contracts of such companies providing same for the inspection and servicing of the heating and air conditioning equipment. All repairsitself, and/or replacements made by TENANT shall be of sell the same quality, design and class as the original workin its discretion.

Repairs. LANDLORD Landlord shall maintain the Common Areas and the exterior walls, roof and foundation of the Building and the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the Building, the cost of which shall be included in Operating Charges. Except as set forth herein, Tenant shall, at its expense, keep the Premises and every part thereof, in good condition and repair, and Tenant shall also be responsible for the entire cost of all repairs and replacements otherwise the responsibility of Landlord hereunder that are required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises (as opposed to general office use). Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises (except for exterior glass which is subject to reimbursement as provided in section 3.2 of this Lease shall be repaired by Landlord). Tenant shall not be required defer any repairs or replacements to keep any portion the Premises (except those due to normal wear and tear) by reason of the Leased Premises in proper repair. Any work on the structural portions anticipation of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the termTerm. Landlord, at Landlord's option, but only after Tenant's failure to correct same within 30 days after written notice to Tenant of its failure, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of Tenant hereunder which Tenant failed to do, and/or the obligation of all of the other tenants of the Project with respect to the premises occupied by them, in which event the costs thereof shall be billed directly to and paid by Tenant or such other tenants as good condition the case may be as when receivedadditional rent. Except as aforesaid, excepting ordinary wear and tear and damage by fire in the event that, at the request of Tenant, Landlord performs any maintenance, repairs or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairsPremises which is the obligation of Tenant hereunder, and/or replacements made by TENANT then Tenant shall be of the same quality, design and class as the original workpay Landlord directly therefor.

Repairs. LANDLORD 4.01. Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and shall promptly, at its sole, cost and expense, make all repairs necessary to keep the demised premises in good working order and condition, including structural repairs when those are made necessary by the act, omission or negligence of Tenant or its agents or employees (subject to Section 7.05 hereof). Except as otherwise provided in Section 3.05 of this Lease, all damage or injury to the demised premises and to its fixtures, glass, appurtenances and equipment or to the Building or to its fixtures, glass, appurtenances and equipment caused by the moving of Tenant's property in or out of the Building, or by the installation or use of Tenant's property, or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. Landlord, at Landlord's expense, shall effect all necessary repairs in and to the demised premises which are not the obligation of Tenant hereunder. 4.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord certifies that the floor of the demised premises will carry 50 pounds live load per square foot of floor space and 20 pounds for partitions per square foot of floor space. If Tenant shall desire a floor load in excess of that set forth above, Landlord agrees (provided Landlord's architects, in their sole discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 4.03. Business machines and mechanical equipment belonging to Tenant which cause vibration, noise, cold or heat that may be required transmitted to keep the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, cold or heat The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for a building such as One Penn Plaza. 4.04. Except as provided in Article 25 hereof and except as otherwise 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof. Any Landlord shall seek to minimize any interference with Tenant's business operations. Tenant understands that work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include effected on business days during normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workbusiness hours.

Repairs. LANDLORD shall not be required 7.1 Tenant shall, at its sole cost and expense, make such repairs to keep any portion the demised premises and the fixtures and appurtenances therein as are necessitated by the reckless or negligent acts or omissions of Tenant or by the use of the Leased Premises demised premises in proper repair. Any work on a manner contrary to the structural portions of the Leased Premises required purposes for any reason will be performed at the expense of TENANT. Structural portions shall be defined which same are leased to Tenant as bearing wallsset forth in Section 5.1, beams, roofs as and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises when needed to preserve them in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include working order and condition subject to normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured other casualty. When used All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in this paragraphor out of Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, within ten (10) days after Landlord gives Tenant written notice of the necessity thereof, 26 the same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a bill xxxrefor. The exterior walls of the Building, the term “repair” portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.2 Tenant shall include replacements not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and renewals when if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord's architects, in their sole reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building. 7.3 Landlord shall exercise reasonable diligence in the making of any repairs, alterations, additions or improvements so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord shall, at its expense (subject to the provisions of Section 7.1 hereof and to reimbursement as set forth in Article 4 hereof) keep and maintain the Leased Premises Common Areas and any improvements located thereon the Building in good order condition and conditionrepair in accordance with the standards appropriate to a first class office building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except as expressly provided above LANDLORD shall have no obligation for those repairs for which Tenant is responsible pursuant to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term provisions of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD shall not be required to Tenant will keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions interior of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, together with all electrical, plumbingplumbing and mechanical installations therein, heatingservicing the Leased Premises, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition order and repair and will make all replacements at TENANT’S expense its own expense. Landlord represents and warrants that all installations are in good working order. Tenant will surrender the Leased Premises at the expiration of the term, or at such other time as it may vacate the premises, in as good condition as when received, excepting depreciation caused by ordinary wear and tear and damage by fire fire, unavoidable accident, or insured casualtyact of God. When used Tenant must engage the services of a reputable heating, ventilating and air conditioning company and obtain on an annual basis, a one-year service policy for the heating, ventilating and air conditioning equipment for the Leased Premises, and replacing of filters contained within the equipment on at least a bi-annual basis. Cost of this policy shall be borne by the Tenant and a copy of same must be mailed to Landlord within ten (10) days of occupancy in this paragraph, the initial year of the term “repair” shall include replacements of the Lease and renewals when necessary to maintain ten (10) days after the Leased Premises first day of each and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement every subsequent year of occupancy during the term of this Lease. If Tenant fails to obtain an annual service policy as herein described, LANDLORD or fails to provide Landlord with a copy of said policy within ten (10) days as required herein, Landlord shall have the right to obtain such policy and charge Tenant for the cost of said policy, said cost to be paid by Tenant as additional rent under this Lease. Tenant will assign promptly repair at its own expense any damage to TENANT the Leased Premises caused by bringing into the premises any original warranties property for Tenant's use or guarantees obtained from manufacturers by the installation or installers removal of such property, regardless of fault or by whom such damage shall be caused, unless caused by Landlord, its agents, employees or contractors; and, in default of such repairs by Tenant, Landlord shall make the same and Tenant agrees to pay the cost thereof to Landlord promptly upon Landlord's demand therefor. Tenant shall be responsible for heating the maintenance, cleaning and air conditioning units or facilities within repair of all interior and exterior doors, windows and glass which comprise the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD (a) By entry hereunder, Tenant shall not be required deemed to keep any portion of have accepted the Leased Premises as being in proper good, sanitary order, condition and repair. Any work on Tenant shall, at Tenant's sole cost and expense, keep the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs Premise and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises every part thereof in good condition and repair including(except as hereinafter provided with respect to Landlord's obligations) including without limitation, but not limited tothe maintenance, all electricalreplacement and repair of any storefront, doors, window casements, glazing, plumbing, heatingpipes, air conditioning (which shall include normal replace of electrical wiring and lighting fixtures and conduits, heating and air conditioning filters at least once a yearsystem (when there is an air conditioning system). Tenant shall, signs and other mechanical installation upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good ordercondition, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the termbroom clean, in as good condition as when received, excepting ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent Premises caused by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement Tenant's use of the term Premises shall be repaired at the sole cost and expense of this LeaseTenant. (b) Notwithstanding any other provision hereof, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating Landlord at its expense shall maintain and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises Shopping Center, including the exterior walls and the structural portions of the roof, unless such maintenance and repair are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees, invites, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in section 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of an injury to or on which TENANT has caused interference with Tenant's business arising from the making of any work repairs, alterations or improvements in or to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing any portion of the heating Shopping Center or the Premises or in or to fixtures, appurtenances and air conditioning equipmentequipment therein. All repairs, and/or replacements made by TENANT shall be of Tenant waives the same quality, design and class as the original workright to make repairs at Landlord's expense under any law statute or ordinance now or hereafter in effect.

Repairs. LANDLORD (a) Tenant shall not be required to at all times, at its own expense, keep any portion of and maintain the Leased Premises Premises, its fixtures, furnishings, equipment and decorations in proper repair. Any work on good order, and in the structural portions of the Leased Premises condition and repair required for any reason will be performed at the expense proper conduct of TENANTits business. Structural portions Tenant shall be defined make all necessary repairs and replacements to the Premises, as bearing walls, beams, roofs and when needed to preserve the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good working order and condition, in accordance with and subject to the provisions of Section 9 of this Lease. All damage or injury to the Premises and to its fixtures, appurtenances or equipment or to the Building, or to its fixtures, appurtenances or equipment caused by Tenant shall be repaired, restored, or replaced promptly by Tenant, subject to the provisions of Section 9, at Tenant's sole cost and expense. All repairs, restorations, and replacements shall be in quality and type, at least equal to the original work or installations. (b) Landlord shall keep the exterior walls, load bearing elements, foundations, pipes and conduits, roof and common areas that form a part of the Building and the building standard mechanical, electrical (including building standard light fixtures and building standard light bulbs), HVAC and plumbing systems that are provided by Landlord in the operation of the Building, clean and in good operating condition and shall make all required repairs thereto. Notwithstanding any of the foregoing to the contrary, maintenance and repair of special tenant areas , facilities, finishes and equipment (including, but not limited to, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley/coffee equipment, supplementary air-conditioning equipment (including, but not limited to, the computer room HVAC unit) and all electricalother furniture, plumbingfurnishings and equipment of Tenant and any Alterations (as hereinafter defined) made by Tenant) shall be the sole responsibility of Tenant. Landlord may, heatingat its option and at the sole cost and expense of Tenant, air conditioning make any repair or replacement which Tenant is obligated to make pursuant to subparagraph (a) above, and which after due notice Tenant refuses to make, and Tenant shall pay the cost hereof, which shall include normal replace an administrative fee of heating and air conditioning filters at least once a year)fifteen percent (15%) , signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualtyto Landlord upon demand. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary Landlord's sole obligation is to maintain the Leased Premises roof, structural walls and any improvements located thereon existing mechanical and electrical equipment in good order and "as is" condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD Section 4.1 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein. All damage or injury to the Demised Premises and to such fixtures and appurtenances, or to the Building, or to its fixtures, appurtenances and equipment, excluding normal wear and tear caused by Tenant’s moving property in and out of the Building or the Demised Premises, or by installation or removal of fixtures, furniture or other property, or from any other cause, shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense. All repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, the same may be made by Landlord, at Tenant’s expense, and the amounts spent by Landlord shall be collectible as additional rent, to be paid by Tenant within fifteen (15) days after rendition of a bxxx by Landlord. Section 4.2 Except as arising solely out of Landlord’s negligence, there shall be no allowance to Tenant for a diminution of rental value, and no liability on Landlord’s part, by reason of inconvenience, annoyance or injury to Tenant’s business arising from the making of repairs, alteration, additions or improvements in or to the Demised Premises or the Building, or to the fixtures, appurtenances or equipment thereof, by Landlord, Tenant or others. Landlord will use reasonable efforts to not interrupt Tenant’s use and enjoyment of the Demised Premises when making such repairs, alterations, additions or improvements, but the obligation to use best efforts shall not be required require Landlord to keep employ overtime labor or pay any portion premium or surcharge for labor or materials. Section 4.3 (a) Subject to the provisions of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed Section 4.3(b), Tenant, at the expense of TENANT. Structural portions shall be defined as bearing wallsTenant’s sole cost and expense, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions and maintain the Demised Premises and all fixtures and equipment located therein in a clean, safe and sanitary condition, will take good care thereof, in accordance with the terms of the Leased Premises in good repair includingthis Lease, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises suffer no waste or injury thereto, and will, at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement termination of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within surrender the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Demised Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep broom clean, in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same qualityorder and condition in which they are in on the Commencement Date, design ordinary wear and class as the original worktear excepted.

Repairs. LANDLORD Tenant shall not be required to keep any portion of put, keep, repair, replace and maintain the Leased Premises at all times in proper a good, neat, clean and sanitary condition and state of repair, reasonable wear and tear and damage caused by casualty excepted, free of debris and other similar obstructions, and shall repair and replace broken plate and window glass and damage caused by the negligence or intentional act of Tenant, its officers, employees and agents. Any work on the structural portions of Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, within a reasonable period of time, and shall pay Landlord as Additional Rent the cost of such repairs made for any reason will be performed at Tenant by Landlord, together with 15% of such costs. Subject to Tenants obligation to pay Operating Expenses pursuant to Section 5, Landlord shall make all necessary repairs to the expense of TENANT. Structural portions shall be defined as bearing outer walls, beamsroof, roofs and the outside portions structural elements of the Leased PremisesBuilding. TENANT will Landlord shall keep inside portions of the Leased Premises in good repair includingplumbing, but not limited to, all electrical, plumbingsewage, heating, air conditioning (which shall include normal replace conditioning, electrical and ventilating systems of heating and air conditioning filters at least once a year), signs and other mechanical installation the Building in good orderrepair, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and casualty damage covered by fire insurance excepted. Landlord shall maintain and keep the common areas, grounds, walkways, driveways, and parking areas in a neat and clean condition. Notwithstanding the foregoing, to the extent any cost of repairs or insured casualty. When used in this paragraphimprovements to the Building, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or to any part thereofcommon areas are occasioned by or contributed to by the negligence or default of Tenant, its officers, employees, agents, or any plumbingby requirements of law, heating, electrical, air conditioning ordinance or other mechanical installation therein. Upon the commencement governmental directive and which arise out of the term nature of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating Tenant's use and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions occupancy of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep the installations of Tenant in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT Leased Premises shall be of the same qualitypaid for by Tenant, design and class as the original workAdditional Rent hereunder, immediately upon billing.

Repairs. LANDLORD Landlord shall not be required to maintain in good condition and operating order and keep any portion of the Leased Premises in proper repair. Any work on good repair and condition the structural portions of the Leased Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems"), the Building Common Areas and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required for any reason to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will be performed at the expense of TENANT. Structural portions shall hereinafter be defined as bearing wallsthe "BS/BS Exception"). Tenant shall, beamsat Tenant's own expense, roofs keep the non-structural elements of the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the outside portions floor or floors of the Leased Premises. TENANT will keep inside portions of Building on which the Leased Premises in good repair includingis located, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair at TENANT’S expense all damage to the Premises and will surrender replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Leased Premises at Building Structure and the expiration of Building Systems except pursuant to the termBS/BS Exception, in as good condition as when received, excepting except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and damage Tenant's failure to repair within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith within thirty (30) days of being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times subject to the entry requirements set forth in Section 27.1 below to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by fire governmental or insured casualty. When used quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder of which Tenant has failed to complete such repairs following receipt of written notice and the lapse of any applicable cure period, any such entry into the Premises by Landlord shall be performed in this paragrapha manner so as not to materially interfere with Tenant's use of, or access to, the term “repair” Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall include replacements and renewals when necessary use commercially reasonable efforts to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereofnot materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the term of this LeaseCalifornia Civil Code or under any similar law, LANDLORD will assign to TENANT any original warranties statute, or guarantees obtained from manufacturers ordinance now or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep hereafter in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workeffect.

Repairs. LANDLORD shall not be required a. Tenant agrees to keep any portion pay the reasonable costs of repairs or maintenance tasks necessitated by the Leased Premises in proper repairdeliberate or negligent acts or omissions of Tenant, Occupants, or guests of Tenant, unknown parties, or vandals. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions Said repairs or maintenance tasks shall be defined as bearing walls, beams, roofs and arranged by Landlord unless Landlord gives written permission for Tenant to accomplish the outside portions repairs or tasks. If employees of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, Landlord make repairs (including but not limited toto extermination, all electricalcleaning, plumbingremoving trash, heatingreplacement of smoke detectors, air conditioning (which shall include normal replace of heating batteries, light bulbs and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased painting) to Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of during the term of this LeaseRental Agreement or upon termination of this Rental Agreement, LANDLORD the rate shall be $40 per hour for labor, plus the cost of materials, plus overhead of 20% of labor and materials. After normal business hours or on weekends and holidays labor shall be charged at a rate of $60.00 per hour. A minimum charge of one hour for labor shall be assessed on all repair charges. If a subcontractor of Landlord makes such repairs to the Premises, the charge will assign be the amount invoiced, plus 20% overhead. b. Landlord may require Tenant to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT prepay or, if Landlord elects, Tenant agrees to be solely responsible repay Landlord, within 10 days of receipt of invoice, for and thereafter to repair and to maintain the structural portions cost of all repairs made necessary by Tenant, Tenant’s guests, or any other person’s violation of this rental agreement or the negligent or careless use of the Leased Premises premises or any part of the apartment community including without limitation damage from waste water stoppages caused by foreign or improper objects in lines serving your bathroom, damages to furniture, appliances, doors, windows or on which TENANT has screens, damages from windows or doors left open and repairs or replacements to security devices necessitated by misuse or damage by Tenant or Tenant’s guests (this includes damages that may have been caused any work to be done or alteration madethe apartment by other residents of the apartment if Landlord cannot determine who caused said damage). TENANT will obtain from reliable companies and keep If there are damages in forcea common area of the building, all residents having direct access to said area (i.e., the typical service contracts residents of such companies providing for bedrooms opening into a common area or the inspection apartments opening into a common area and servicing hallway) shall share the cost of replacement or repairs in equal amounts. “Common areas of the heating building” shall include, but not be limited to, the rooftop, tanning center, game room, computer lab, lobby, and air conditioning equipmentfitness center. All repairsIf Tenant prepays, and/or replacements made any over-payment will be applied against any amount that Tenant owes Landlord, and the remainder will be returned to Tenant; if Tenant’s prepayment was less than the cost incurred by TENANT shall be Landlord, Tenant will pay Landlord that amount within 10 days after receipt of an invoice. Tenant’s obligations to pay the same quality, design charges described in this paragraph will survive after the ending of this rental agreement. c. Landlord may temporarily turn off equipment and class interrupt utilities to avoid property damage or to perform work requiring such interruption as the original workdetermined in Landlord’s sole judgment.

Repairs. LANDLORD shall not be required 7.1 Tenant shall, at its sole cost and expense, make such repairs to keep any portion the demised premises and the fixtures and appurtenances therein as are necessitated by the reckless or negligent acts or omissions of Tenant or by the use of the Leased Premises demised premises in proper repair. Any work on a manner contrary to the structural portions of the Leased Premises required purposes for any reason will be performed at the expense of TENANT. Structural portions shall be defined which same are leased to Tenant as bearing wallsset forth in Section 5.1, beams, roofs as and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises when needed to preserve them in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include working order and condition subject to normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured other casualty. When used All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in this paragraphor out of Building or by installation or removal of furniture, fixtures or other property by or on behalf 26 of Tenant, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, within ten (10) days after Landlord gives Tenant written notice of the necessity thereof, the term “repair” same may be made by Landlord at the expense of Tenant and such expense shall include replacements be collectible as additional rent and renewals when shall be paid by Tenant within thirty (30) days after rendition of a bill xxxrefor. The exterior walls of the Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord's architects, in their sole reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building. 7.3 Landlord shall exercise reasonable diligence in the making of any repairs, alterations, additions or improvements so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord shall, at its expense (subject to the provisions of Section 7.1 hereof and to reimbursement as set forth in Article 4 hereof) keep and maintain the Leased Premises Common Areas and any improvements located thereon the Building in good order condition and conditionrepair in accordance with the standards appropriate to a first class office building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except as expressly provided above LANDLORD shall have no obligation for those repairs for which Tenant is responsible pursuant to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term provisions of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at all times during the Term hereof, at its sole expense, keep the Premises and every part thereof in good order, repair and condition, and Tenant shall arrange with Landlord at Tenant's sole expense for the prompt repair of all damages to the Premises and the replacement or repair of all damages or broken glass, fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal or superior in quality and class to the original materials damaged or broken, all repairs and replacements to be made under the supervision and with the prior written approval of Landlord, using contractors or persons designated by Landlord. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and replacements and the amount paid by Landlord for such repairs and replacements shall be deemed Additional Rent reserved under this Lease due and payable forthwith. Landlord and its designees may, but shall not be required to, enter the Premises at all reasonable times to keep make any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsrepairs, beamsalterations, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair improvements or additions, including, but not limited to, ducts and all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers facilities for heating and air conditioning units service, as Landlord shall desire or facilities within deem necessary for the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions safety, preservation or improvement of the Leased Premises Building, or as Landlord may be required to do by any governmental authority or on which TENANT has caused any work court order or decree. The cost of all repairs to be done the Property made necessary as a result of misuse or alteration made. TENANT will obtain from reliable companies and keep in forceneglect by Tenant or Tenant's employees, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT invitees or agents shall be of the same quality, design and class immediately paid as the original workAdditional Rent by Tenant to Landlord upon being billed for same.

Repairs. LANDLORD 7.01. Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition. With respect to the Building systems serving the demised premises Tenant shall be responsible for (i) repair and maintenance of Tenant's internal air-distribution system to the point at which the same connects to the Floor Unit (if the demised premises comprise all the space on a floor) or to the main distribution duct for the demised premises (if the demised premises comprise a portion of a floor), (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed in a Building Standard manner by Landlord or by a contractor selected and approved by Landlord, whose costs shall be consistent with the cost for the performance or such work in first-class buildings in Midtown Manhattan, and the cost shall be payable by Tenant as additional rent within ten (10) days after rendition by Landlord of any xxxx(s) pertaining thereto. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. If Tenant shall desire a floor load in excess of that which the affected floors are designed to carry Landlord agrees (provided Landlord's engineers, in their sole discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, and provided further, that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. Installations as to which any floor has been strengthened or reinforced shall not be required relocated without Landlord's prior approval. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to keep the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof. 7.05. Any work on Landlord shall, throughout the term, be responsible at Landlord's cost and expense (provided that such costs may, to the extent permitted under Article 3 hereof, be included as Operating Expenses or Air-Conditioning Costs) for repairs to the structural elements of the Building, the common areas of the Building to the extent required or utilized by Tenant in connection with its occupancy of the demised premises or to gain access thereto, and those portions of the Leased Premises required Building systems for any reason will be performed at which Tenant is not responsible pursuant to Section 7.01 hereof, so as to keep the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises same in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and working condition, except as expressly provided above LANDLORD for such repairs the need for which is attributable to the acts or omissions of Tenant, its agents, employees, contractors or invitees. 7.06. Landlord shall use its reasonable efforts to minimize interference with Tenant's use and occupancy of the demised premises in making any repairs pursuant to this Article 7, or in the performance of any alterations, additions or improvements to the Building or the demised premises which Landlord may perform pursuant to this Lease; provided, however, that Landlord shall have no obligation to repair, maintain, alter employ contractors or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning labor at so-called overtime or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign premium pay rates or to TENANT incur any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workother overtime costs whatsoever.

Repairs. LANDLORD Landlord shall not be required to keep any portion maintain and repair the exterior of the Leased Premises in proper repair. Any work on Building and the structural portions of the Leased Building, and all Building systems servicing the Demised Premises required for any reason will be performed at including the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside structural portions of the Leased Demised Premises. TENANT will keep inside , provided such repair is not occasioned by Tenant's negligence or its alterations; and the public portions of the Leased Premises in good repair Building and all Building systems servicing the Demised Premises, (including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, heating and ventilating systems but expressly not Tenant's internal system pursuant to Article 54 hereof). In addition to the foregoing, Landlord shall maintain and keep in working condition and repair, only if supplied or installed by Landlord, the radiators, central air conditioning equipment and ducting, electrical conduit and risers, lighting fixtures, water columns and pipes, serving the Demised Premises, provided such need for repair is not caused by Tenant, its agents, employees or other mechanical installation thereincontractors. Upon the commencement of Tenant shall, throughout the term of this Leaselease, LANDLORD will assign take good care of the Demised Premises including the windows and window frames and, the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to TENANT the Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. In no event shall Tenant be obligated to make any original warranties repairs (structural or guarantees obtained from manufacturers non-structural) or installers for heating and air conditioning units replacements necessitated by, or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair damage due, in whole or in part, to any act, omission or negligence of Landlord or Landlord's agents, employees, invitees, licensees, servants and contractors. Tenant shall also repair all damage to maintain the structural portions Building and the Demised Premises caused by the moving of the Leased Premises to Tenant's fixtures, furniture or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT the aforesaid repairs shall be of quality or class equal to the condition existing prior to the damage, ordinary wear and tear, obsolescence and damage by casualty excepted. If Tenant fails, after ten (10) days written notice from Landlord, to proceed with due diligence to make repairs required to be made by Tenant under this Article 4, the same qualitymay be made by the Landlord at the expense of Tenant, design and class the actual reasonable expenses thereof incurred by Landlord shall be collectible, as additional rent within thirty (30) days, after rendition of a xxxx or statement therefor. If the original workDemised Premises be or become infested with vermin by reason of Tenant's actions or omissions, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder (including but not limited to plumbing, heating system or electrical lines located in the Demised Premises). Notwithstanding the foregoing, Tenant's failure to give such notice to Landlord shall not be deemed a waiver by Tenant or Tenant's rights or a discharge of Landlord's obligations hereunder (provided Tenant gives notice of the same within the three (3) month period immediately following the occurrence of the defective condition). Landlord shall, at its sole cost and expense, remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. There shall be no allowance to the 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 repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other casualty with regard to which Article 9 shall apply. Landlord agrees to substantially complete the following common area or public portion upgrades within six (6) months from the date of execution of this Lease: 1. Lobby - Periodic restoration of marble floors, wall and ceiling murals; installation of a "Dignified First Class" lobby kiosk directory; 2. Bathrooms - All existing bathrooms to be periodically renovated. 3. Elevator Cabs - Remodeled "State of the Art" controls and new elevator cabs. 4. Risers - Building will be providing a secure riser management system. Riser space is available as per building's rate schedule (as outlined in the Generator Article of this lease). There shall be no charge for Tenant to run conduit between Tenant's contiguous floors as long as it is within the space occupied by Tenant, i.e. within the Demised Premises; and 5. Upgrade Class "E" System.

Repairs. LANDLORD The Landlord, at its expense, shall: (i) maintain the Premises, the Building, and the Common Areas in good working order and repair; (ii) malce all interior and exterior structural repairs as and when needed; and (iii) repair or replace all building materials, fixtures and equipment required for the normal use of the Premises by the Tenant. Notwithstanding the above to the contrary, provided that such damage was not caused by the Landlord, its agents, employees or licensees: (i) the Landlord shall not be required have any obligation to keep repair any portion property on the Premises provided or installed by the Tenant which the Landlord shall have the right to require the Tenant to remove from the Premises or any alteration made to the Premises by, for, or at the direction of the Leased Tenant; and (ii) the Tenant shall, without expense to the Landlord, replace all glass broken or damaged by the Tenant in the Premises in proper repair. Any work on during the structural portions Term with glass of the Leased Premises required for same kind and quality as that broken or damaged. In addition, the cost of any reason will be performed at repairs to the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beamsBuilding, roofs and or its Common Areas caused by the outside portions negligence or willful acts of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair includingTenant or its customers, but not limited tolicensees, all electricalagents, plumbingservants or employees, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting than associated with ordinary wear and tear tear, shall be borne by the Tenant and damage shall be reimbursed to the Landlord with the next Rent payment after written demand for reimbursement is made by fire or insured casualtythe landlord. When used in requested by ·the Tenant, this paragraph, written demand for reimbursement shall be accompanied by reasonable supporting documentation. The Tenant's reimbursement obligation shall be limited to those reasonably incurred costs over the term “repair” amounts reimbursed by insurance carried by the Landlord. The Landlord shall include replacements and renewals when necessary make available to maintain the Leased Premises and Tenant any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation warranties the Landlord has received which are applicable to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees repairs to be solely responsible paid for and thereafter to repair and to maintain by the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workTenant.

Repairs. LANDLORD shall not be required Landlord's sole responsibility for repair work is to keep any portion the ------- roof and exterior walls of the Leased building leak free and to make all structural repairs necessary to the roof or exterior walls of the building where the need for such structural repairs is not caused by any act or omission of the Tenant or the Tenant's agents, employees or invitees. "Structural repairs" means repairs necessary to keep the building from collapsing or sagging, or to prevent the Premises in proper repairfrom being condemned because of structural insufficiency. Any work Landlord shall also be responsible for maintaining and repairing the Property and the major plumbing and utility service lines on the structural portions Property to the perimeter of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions Premises; provided, however, that Tenant shall be defined responsible for repairs caused by the Tenant, such as bearing walls, beams, roofs and a plumbing clog. Tenant acknowledges that the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises are in good repair includingcondition and that all fixtures, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating equipment and air conditioning filters at least once a year), signs and other mechanical installation in appurtenances are I good working order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary agrees to maintain the Leased Premises in the same condition, order and any improvements located thereon repair as they are at tire commencement of this Lease, and agrees to make all repairs and replacements in and about the premises necessary to preserve them in good order and condition, except as expressly provided above LANDLORD which repairs and replacements made by Tenant shall have no obligation be in equal quality and class to repair, the original work. Tenant shall also maintain, alter repair and replace the air conditioning units serving the demised Premises. Tenant shall promptly pay the expense of any such repairs. All additions, fixtures or modify Improvements which may be made or installed by Tenant, except movable furniture and fixtures, shall become the Leased property of the Landlord and remain upon the Premises or any as a part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon and be surrendered with the commencement of Premises at the term termination of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within at the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions option of the Leased Premises Landlord. If landlord elects to allow Tenant to remove such fixtures or on which TENANT has additions, Tenant shall repair any damage caused by such removal. Tenant shell not demolish, replace or materially alter the building containing the demised Premises, or any work to be done part then, whether voluntary or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made connection with any repair or restoration required by TENANT shall be of the same quality, design and class as the original workthis Lease.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenant's expense, all necessary repairs to keep any portion the Leased space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises space damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in proper repairthis Lease. Any work on Alterations and Improvements Tenant, at Tenant's expense, shall have the structural portions right, upon obtaining Landlord's written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at space from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased Premisesspace, and fasten the same to the premises. TENANT will keep inside portions of the Leased Premises in good repair includingAll personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or placed or installed on the Leased space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this LeaseLease provided that Tenant shall repair, LANDLORD will assign at Tenant's expense, all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premisesspace caused by such removal. TENANT agrees Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased space, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased space. Tenant shall be solely responsible for and thereafter paying all personal property taxes with respect to repair and to maintain the structural portions of Tenant's personal property at the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workspace.

Repairs. LANDLORD shall not be required 15.01 Lessee shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting air-conditioning, common use equipment, exterior walls and roofs, which Lessor agrees to keep repair unless damages are due to the neglect or intentional acts of Lessee or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, any portion store fronts and the interior of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good sanitary order, condition and repair repair. Lessee will, also, at TENANT’S expense its sole cost keep and will surrender the Leased Premises at the expiration of the termmaintain all utilities, in as good condition as when receivedfixtures, excepting ordinary wear plumbing and tear and damage mechanical equipment used by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon Lessee in good order and conditionrepair and furnish all expendables (light bulbs [unless provided by Lessor], except as expressly provided above LANDLORD shall have no obligation paper goods, soaps, etc.) used in the Premises. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Lessor. 15.02 Lessee will not make repairs to repair, maintain, alter the Premises at the cost of Lessor whether by deduction of rent or modify otherwise or vacate the Leased Premises or terminate the Lease with abatement or termination of rent because repairs are not made. If during the Term, any part thereofalteration, addition or change to the Premises is required by legal authorities, Lessee, at its sole expense, shall promptly make the same. Lessor reserves the right to make any plumbingsuch repairs not repaired or maintained in good condition by Xxxxxx and Xxxxxx shall reimburse Lessor for all such costs upon demand. If such repairs have not been made within 30 days of notice to repair by Lessor to Lessee, heatingLessor may make such repairs and such costs of repairs shall be at Lessee's expense. Failure to pay expenses within 30 days of presentation, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term shall be deemed a breach of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.(2)

Repairs. LANDLORD 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a xxxx therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window xxxxx outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.04. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of perform the same quality, design and class as the original workon an overtime or premium pay basis.

Repairs. LANDLORD (a) Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition. With respect to the Building systems serving the demised premises Tenant shall be responsible for (i) repair and maintenance of Tenant's internal air-distribution system to the point at which the same connects to the main distribution duct for the demised premises, (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed by Tenant at Tenants cost and expense, by contractors and mechanics listed on Landlord's Approved List. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. All damage or injury to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or in any other manner caused by Tenant, its agents, servants or contractors, shall be repaired, replaced or restored by Landlord at Tenant's cost and expense and such expense shall be collectible as additional rent and shall be paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Notwithstanding anything to foregoing contained here, if Tenant fails to make the repairs, restoration or replacements required under this Section 7.01 within twenty (20) days after notice thereof, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. (b) Landlord shall, at its sole cost and expense (except as otherwise set forth herein), maintain and repair the structural portions of both the Building and the demised premises and the portion of the Building systems serving the demised premises for which Tenant is not responsible pursuant to Paragraph (a) hereof and the common areas to the extent that same affect Tenant's use and occupancy of, or access to, the demised premises. Tenant shall promptly notify Landlord of all repairs required to be made within the demised premises for which Landlord is responsible hereunder and Landlord shall perform same at its sole cost and expense provided, however, if the necessity for any of such repairs which are Landlord's obligation to perform shall have been occasioned by any action, omission to act or negligence of Tenant or Tenant's agents, employees or contractors, then Landlord shall make or cause to be made all such repairs at Tenant's sole cost and expense, and Tenant shall pay to Landlord as additional rent within ten (10) days of Landlord's demand therefor, an amount equal to Landlord's cost thereof. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. If Tenant shall desire a floor load in excess of that which the affected floors are designed to carry, Landlord agrees (provided Landlord's architects, in their reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other reasonable out-of-pocket costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be required transmitted to keep the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof. Any work on the structural portions of the Leased Premises required for In performing such repairs Landlord shall make a reasonable effort to minimize any reason will be performed at the expense of TENANT. Structural portions inconvenience to Tenant but nothing herein shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire deemed to obligate Landlord to perform same on an overtime or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workpremium basis.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenant's expense, all necessary repairs to keep any portion the Leased space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises space damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in proper repairthis Lease. Any work on Alterations and Improvements Tenant, at Tenant's expense, shall have the structural portions right, upon obtaining Landlord's written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at space from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased Premisesspace, and fasten the same to the premises. TENANT will keep inside portions of the Leased Premises in good repair includingAll personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or plf3ced or installed on the Leased space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this LeaseLease provided that Tenant shall repair, LANDLORD will assign at Tenant's expense, all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premisesspace caused by such removal. TENANT agrees Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased space. and all personal property taxes with respect to Landlord's personal property, if any, on the Leased space. Tenant shall be solely responsible for and thereafter paying all personal property taxes with respect to repair and to maintain the structural portions of Tenant's personal property at the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workspace.

Repairs. LANDLORD shall not be required to keep any portion The Landlord shall, at its own cost and expense, and during the term of the Leased Premises in proper repair. Any work on Lease, maintain and make all necessary repairs and replacements of a capital nature to the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsroof, foundations, beams, roofs girders, and the outside portions other structural elements of the Leased Premises. TENANT will keep inside portions Building, mullions, exterior runoff water and related drainage systems, all exterior areas, including parking lots and walkways, all other common areas and facilities and exterior walls of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning only (exclusive of signs which shall include normal replace of heating and air conditioning filters at least once a yearmay be installed by the Tenant), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraphHowever, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD Landlord shall have no obligation to repairrepair any damage resulting directly from negligent acts of the Tenant, maintainits agents, alter or modify employees, contractors, and invitees unless covered by Landlord's insurance policy. In connection herewith, the Leased Premises or any part thereofLandlord represents (i) The Property shall be maintained consistent with generally accepted practices associated with a first class research and development building, or any plumbing(ii) it shall provide snow plowing for the parking areas, (iii) it shall remove snow and ice from walkways and (iv) it shall provide landscaping services so that the Property is maintained in a neat and clean condition. From and after the commencement of and during the Term, the Tenant shall, at its own cost and expense: make all other non-structural repairs, interior and exterior, necessary to keep the Premises, including all electrical, mechanical, heating, electricalventilating and air conditioning (including any roof top unit), plumbing (other than in common areas) and other building systems [excluding sewer and gas systems, common building systems and all capital repairs and replacements] serving the Premises, in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, reasonable wear and use, damage by fire or other casualty caused by the Landlord and repairs which are expressly the obligation of the Landlord hereunder only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order, repair and condition). Landlord shall be responsible for all replacements of a capital nature to the air conditioning and other building systems. Notwithstanding the same, the Tenant shall be liable to pay the Landlord the cost of such replacements according to the following: The Tenant shall be assessed for the capital improvements described aforesaid based on an amortization of ten (10) years. Thereupon, the Tenant shall pay to the Landlord, as Additional Rent under (S)6, each month during the remaining Term of the Lease a portion of said cost, based upon said amortization period. As an example, if a replacement of a capital nature to the air conditioning or other mechanical installation therein. Upon building systems is made at the commencement conclusion of the term third (3rd) Year of this Leasethe Term as defined in (S)4, LANDLORD will assign the Tenant would be required to TENANT any original warranties or guarantees obtained from manufacturers or installers reimburse the Landlord one-one hundred twentieth (1/120) of the cost incurred for heating and the replacement of the applicable system for each month during the remainder of the Term. In no event, however, shall the Tenant be assessed a reimbursement to the Landlord for the costs of the replacements for the air conditioning units or facilities within and other building systems beyond the Leased PremisesTerm of the Lease. TENANT agrees Notwithstanding anything to the contrary as contained in this Paragraph, the Landlord shall be solely responsible and exclusively liable for all repairs and thereafter replacements which are capital in nature, subject to repair and to maintain reimbursement by the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing tenant as provided for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workabove.

Repairs. LANDLORD 12.01 Tenant shall take good care of the Premises, including, without limiting the generality of the foregoing, the Building, all Equipment, roofs, foundations and appurtenances thereto, all sidewalks, and curbs in front of or adjacent to the Premises, and all water, sewer and gas connections, pipes and mains which service the Premises and which neither City nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Building in good and safe order and working condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable Requirements, in a manner consistent with the standards of operation and maintenance employed at buildings and improvements located in the Greater Metropolitan Denver area of comparable size, age and class as the Building, normal wear and tear excepted (the "Maintenance Standard"). Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage or injury to the Premises. When used in this Lease, the term "repairs" shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs made by Tenant shall be at least consistent with the Maintenance Standard and shall be made in compliance with all Requirements, as then in force. 12.02 Landlord shall not be required to keep furnish any portion services, utilities or facilities whatsoever to the Premises, nor shall Landlord have any duty or obligation to make any alteration, change, improvement, replacement, restoration or repair to, or to demolish, the Building or any other improvement presently or hereafter located on the Land. Tenant assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenant's expense, all necessary repairs to keep any portion the Leased Commercial Space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises Commercial Space damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in proper repairthis Lease. Any work on Tenant, at Tenant's expense, shall have the structural portions right, upon obtaining Landlord's consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at Commercial Space from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased PremisesCommercial Space, and fasten the same to the premises. TENANT will keep inside portions of the Leased Premises in good repair includingAll personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or placed or installed on the Leased Commercial Space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this LeaseLease provided that Tenant shall repair, LANDLORD will assign at Tenant's expense, all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased PremisesCommercial Space caused by such removal. TENANT agrees Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Commercial Space, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Commercial Space. Tenant shall be solely responsible for and thereafter paying all personal property taxes with respect to repair and to maintain the structural portions of Tenant's personal property at the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workCommercial Space.

Repairs. LANDLORD 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission (where this Lease imposes a duty to act), occupancy in violation of the terms, provisions or conditions of this Lease, or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing to the contrary, Tenant shall be required to make structural repairs to the demised premises only to the extent that the need for such repairs is necessitated by the negligence of Tenant or its contractors, agents, or employees or invitees or by the use of the demised premises in violation of this Lease or in a manner contrary to the purposes for which same are leased to Tenant. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Any repairs to the Building structure, portions of the Building outside the demised premises and the facilities and systems of the Building for which Tenant is responsible shall be performed by Landlord at Tenant's commercially reasonable expense. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the commercially reasonable expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building (without limitation to its existing obligations). 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot of area which such floor was designed to carry as set forth below. The floors of the Building are designed for the following superimposed loading: Live Load 50 pounds per square foot Partitions 12 pounds per square foot Suspended Ceiling & Mechanical 13 pounds per square foot ------------------------- Total Tenant Load 75 pounds per square foot Landlord agrees that Tenant may reinforce floor loads in the demised premises provided that same is performed in accordance with the terms of this Lease including without limitation Article 6 hereof and provided further that such reinforcement of floors within the demised premises is deemed reasonably necessary by Tenant's engineers or architect and such reinforcement remains within the cubic area of the demised premises. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building, in their reasonable judgment, shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such objectionable vibration or noise, or prevent transmission of such objectionable cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same first-class nature as the Building in the midtown area of the Borough of Manhattan. 7.04. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to keep any portion perform the same on an overtime or premium pay basis, unless Tenant is willing to reimburse Landlord for the difference between the normal, full-time pay basis and overtime or premium pay basis and the performance of same on such overtime or premium pay basis is available and reasonably practicable, provided, however, that (i) in cases where there is work of a disruptive nature such as demolition, core drilling and similar work lasting for more than an insignificant period of time or a material interference with Tenant's business or the health or safety of the Leased Premises occupants of the demised premises are adversely affected or (ii) if an owner of a first-class office building in proper repair. Any Manhattan would customarily perform the nature of the work involved on an overtime or premium pay basis, then Tenant will not be obligated to pay for such work on the structural portions an overtime or premium pay basis if Tenant requested such work to be performed on an overtime or premium pay basis (unless such work was necessitated by an improper act or omission of Tenant). The provisions of the Leased Premises required for any reason will proviso clause in the immediately preceding sentence are hereinafter called the "OVERTIME PROVISO". All repairs made by Landlord in the demised premises pursuant to the provisions of this Article 7 shall be performed at in a good and workmanlike manner and all replacements made by Landlord in the expense demised premises pursuant to the provisions of TENANT. Structural portions this Article 7 shall be defined at least equal in quality and class to the original work or installation. 7.05. Landlord will operate the Building in such a manner as bearing walls, beams, roofs is consistent with the maintenance and repair standards of first-class office buildings with retail space similar to the outside portions Building and located in the midtown area of the Leased PremisesBorough of Manhattan. TENANT will keep inside portions To the extent that same shall affect Tenant's use and enjoyment of the Leased Premises demised premises and/or the Building as a first-class office building in good repair includingmidtown Manhattan, but not limited toLandlord, all electricalat Landlord's cost and expense subject to recoupment as part of Expenses, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and conditionrepair the common Building facilities, the roof, the structural components and exterior of the Building and the structural components of the demised premises, as well as the mechanical, plumbing, electrical and HVAC systems to the point of entry to the demised premises in a manner which is consistent with the maintenance standard for other first-class buildings in the midtown area of the Borough of Manhattan similar to the Building and Landlord shall make all repairs and replacements to the Building (as opposed to the demised premises) necessary to Tenant's use of the demised premises, except as expressly provided above LANDLORD to the extent that same are the obligation of Tenant under this Lease. Landlord shall have no obligation to repair, maintain, alter or modify promptly remove accumulations of snow and ice from the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement exterior areas of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workBuilding.

Repairs. LANDLORD shall not be required 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to keep repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any portion store fronts and the interior of the Leased Premises Premises, in proper good and sanitary order, condition and repair. Any work on Tenant will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good order and repair and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the structural portions Premises. The standard for comparison and need of repair will be the condition of the Leased Premises required for any reason at the time of commencement of this Lease and all repairs will be performed made by a licensed and bonded contractor approved by Landlord. 13.02 Except as specified in 13.01, Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand. 13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as reasonably requested in writing, Tenant shall be in default of this Lease. 13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for the maintenance service of the HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such a maintenance service contract Landlord shall have the right to obtain such a maintenance service contract at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workTenant.

Repairs. LANDLORD a. During the Term of this Lease, Landlord shall maintain, repair, and replace the entirety of the Project, including without limitation the Building (including all leasehold improvements and all Building Systems), the Parking Garage, the Surface Parking Lot, all driveways and landscaping and all other portions of the Project as necessary to keep same in good condition and repair, in a manner consistent with first class office buildings located in Nashville, Tennessee. In addition, Landlord shall perform all maintenance, repairs, replacements and improvements to the Project required by any governmental law, ordination, rule or regulation. Notwithstanding the foregoing (i) the cost of repairs, maintenance, or replacement of the roof, structural portions, and exterior walls (including the windows therein) of the Building, including the repair of damage caused by any leaks caused by Landlord’s failure to maintain the roof or exterior walls (including windows therein), shall be paid by Landlord and shall not be required a part of Operating Costs, (ii) maintenance, repair, and/or replacement of Permitted Alterations shall always be considered a part of Operating Costs, and (iii) Tenant shall pay on demand Landlord’s costs for any repairs necessitated by the acts or omissions of Tenant or Tenant’s agents, contractors, employees, visitors or invitees to keep the extent not covered by Landlord’s insurance. b. If Tenant is not satisfied with the level of service provided by any of Landlord’s vendors (for example, hvac, janitorial, landscape maintenance which are included within Operating Costs), Tenant shall notify Landlord. Landlord will thereafter work with Tenant in good faith to upgrade the level of services by rebidding the unsatisfactory vendor’s contract to another vendor reasonably acceptable to both Landlord and Tenant. c. As used above, “Building Systems” shall mean any plant, machinery, transformers, duct work, cable, wires, and other equipment and facilities, and any systems designed to supply heat, ventilation, air conditioning and humidity or any other services or utilities, or comprising or serving as any component or portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallselectrical, beamsgas, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electricalsteam, plumbing, heatingsprinkler, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year)communications, signs and other mechanical installation in good orderalarm, condition and repair at TENANT’S expense and will surrender security, or fire/life safety systems or equipment, any telecommunications system serving the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises Building and any improvements located thereon other mechanical, electrical, electronic, computer or other systems or equipment that serves the Building in good order whole or in part. Unless otherwise specifically agreed in writing, Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wiring and conditioncabling, except as expressly provided above LANDLORD nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that to the extent any such service is interrupted, curtailed or discontinued, Landlord shall have no obligation to repairor liability with respect thereto (unless such interruption or curtailment is a result of Landlord’s gross negligence or intentional misconduct), maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT it shall be the sole obligation of the same quality, design and class as the original workTenant at its expense to obtain substitute service.

Repairs. LANDLORD Section 11.01 Tenant, at its sole cost and expense, shall take good care of the following items (collectively, "Tenant Repair Items"): (a) the Premises, (b) Building Equipment located in the Premises which exclusively serves the Premises, (c) that portion of Building Equipment located in the Premises which serves the Premises as well as other portions of the Building (provided that Tenant shall not be responsible for the repair, maintenance and/or replacement of any elevators, elevators shafts, electrical risers, plumbing risers or other similar risers passing through the Premises, provided such repairs, maintenance and/or replacements do not arise out of the events set forth in clauses (i) through (iv) below), and (d) Tenant's Property and the Fixtures. Tenant, at its sole cost and expense shall make and be responsible for all repairs, replacements, interior or exterior, structural and otherwise, ordinary or extraordinary as and when needed to preserve the Building and Tenant Repair Items, the need for which arises out of (i) the installation, use, existence or operation of Improvements, Tenant's Property or Fixtures, (ii) the moving of Tenant's Property or Fixtures in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the terms of this Lease (except fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) pursuant to the provisions of Section 9.01, provided, however, that Landlord, at its option, may make any of the foregoing repairs (other than repairs to Tenant's Property) and in such event, Tenant shall pay to Landlord the actual reasonable cost thereof, as Additional Rent, on demand. In no event shall Tenant be required to make, be responsible for or pay for any repairs which are required as a result of the negligence of Landlord, its agents, contractors, subcontractors or employees and Landlord shall be responsible for all such repairs. Tenant, at its sole cost and expense, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly make, at its sole cost and expense, all repairs in or to the Premises for which it is responsible. If the Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, Tenant, at its sole cost and expense, shall make all necessary repairs to all windows and other glass in, on or about such space and put, keep and maintain all portions of the Premises and any sidewalks, curbs, entranceways, passageways and vaults adjoining and/or appurtenant to the Premises in clean and orderly condition, free of dirt, rubbish, snow, ice and other accumulations and unlawful obstructions. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article 10, and shall be at least equal in quality and class to the original work or installation. Notwithstanding the foregoing, Landlord's repair obligation set forth in Section 11.02 below shall include the repair, replacement and maintenance of the (A) HVAC Units (as hereinafter defined) located on each floor of the Premises for the first five (5) years of the Term and (B) boilers on the roof of the Building and the hotwater heaters located in the rest rooms on each floor of the Premises for the entire Term, provided that any such repairs replacements and/or maintenance do not arise out of the events set forth in clauses (i) through (iv) above. Landlord shall, at its sole cost and expense, keep in full force and effect during such five year period a maintenance contract for the HVAC Units. After the Section 11.02 Landlord shall, at its sole cost and expense, be responsible for making all repairs and replacements (to the extent not the responsibility of Tenant to repair or replace under Section 11.01 above) to the roof, foundation, footings, load-bearing columns, concrete slabs and load-bearing walls of the Building (including load bearing columns, concrete slabs, load bearing walls and the restrooms on each floor of the Premises), common areas, lobby, exterior walls and windows, Building Equipment (including all Building Equipment located in the Premises which are not the responsibility of Tenant to repair or replace under Section 11.01 above) in a manner consistent with an office building with retail stores in Lower Manhattan. Notwithstanding the foregoing, Landlord shall not be required to keep make any portion such repairs and replacements necessitated by (i) the acts or negligence of Tenant or any of its agents, employees, contractors, subcontractors, subtenants, licensees, concessionaires or (while in the Premises) invitees, (ii) Tenant's failure to comply with any provisions of this Lease, (iii) Tenant's failure to properly perform Tenant's Work, or (iv) Tenant's use of the Leased Premises roof as provided in proper repair. Any work on this Lease. Section 11.03 Tenant recognizes and acknowledges that the structural portions operation of the Leased Premises required for any reason will Building Equipment may cause vibration, noise, heat or cold which may be performed at transmitted throughout the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD Landlord shall have no obligation to repairendeavor to reduce such vibration, maintainnoise, alter heat or modify cold beyond what is prevalent in the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workBuilding.

Repairs. LANDLORD Section 6.01. Tenant shall not be required to keep any portion take good care of the Leased Demised Premises and the fixtures and appurtenances therein and all portions of the HVAC, mechanical, plumbing and electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in proper repairgood working order and condition, subject to the provisions of Article 10 hereof. Any work on All damage or injury to the Demised Premises or the Building or to any building equipment caused by Tenant moving property in or out of the Building or by installation or removal of personalty or resulting from negligence or conduct of Tenant, its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the reasonable satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner. Section 6.02. Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of the Building and to the structural portions of the Leased Premises Demised Premises, unless Tenant is required to make them under the provisions of Section 6.01, or unless required as a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the necessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason will be performed at of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the expense Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of TENANTthe Building or the Demised Premises, so long as Landlord shall make such repairs or changes in such manner not to unreasonably interfere with the conduct of Tenant's business operations in the Demised Premises. Section 6.03. Structural portions Tenant shall be defined as bearing walls, beams, roofs and not store or place any materials or other obstructions in the outside lobby or other public portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereofBuilding, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon on the commencement of sidewalk abutting the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workBuilding.

Repairs. LANDLORD shall not be required 7.1 Tenant shall, at its sole cost and expense, make such repairs to keep any portion the demised premises and the fixtures and appurtenances therein as are necessitated by the reckless or negligent acts or omissions of Tenant or by the use of the Leased Premises demised premises in proper repair. Any work on a manner contrary to the structural portions of the Leased Premises required purposes for any reason will be performed at the expense of TENANT. Structural portions shall be defined which same are leased to Tenant as bearing wallsset forth in Section 5.1, beams, roofs as and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises when needed to preserve them in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include working order and condition subject to normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured other casualty. When used All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in this paragraphor out of Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such 24 repairs, restoration or replacements, within ten (10) days after Landlord gives Tenant written notice of the necessity thereof, the term “repair” same may be made by Landlord at the expense of Tenant and such expense shall include replacements be collectible as additional rent and renewals when shall be paid by Tenant within thirty (30) days after rendition of a bill xxxrefor. The exterior walls of the Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord's architects, in their sole reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building. 7.3 Landlord shall exercise reasonable diligence in the making of any repairs, alterations, additions or improvements so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord shall, at its expense (subject to the provisions of Section 7.1 hereof and to reimbursement as set forth in Article 4 hereof) keep and maintain the Leased Premises Common Areas and any improvements located thereon the Building in good order condition and conditionrepair in accordance with the standards appropriate to a first class office building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except as expressly provided above LANDLORD shall have no obligation for those repairs for which Tenant is responsible pursuant to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term provisions of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD shall not be required to keep any portion (a) By taking possession of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions Premises, Tenant shall be defined deemed to have accepted the Premises as bearing wallsbeing in good, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good sanitary order, condition and repair and in the condition called for in this Lease. Tenant shall, at TENANT’S expense Tenant's sole cost and will surrender expense, keep the Leased Premises at the expiration of the term, and every part thereof in as good condition as when receivedand repair, excepting damage from casualty, condemnation and ordinary wear and tear excepted. Except to the extent Landlord is required to perform or pay for certain maintenance or repairs according to Sections 9(c) below, Tenant will, at Tenant's own expense and damage by fire or insured casualty. When used in this paragraphat all times during the Term, maintain and repair the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and Tenant's equipment, personal property and trade fixtures in the Premises, and any improvements located thereon mechanical, plumbing or electrical equipment that exclusively serves the Premises or is installed or operated to accommodate Tenant's special requirements (such as a supplementary air conditioning unit installed to cool a computer room in the Premises), in good order and repair and in a condition that complies with all applicable laws and regulations. Tenant will also be responsible for the cost of repairing all damage to the Premises, Building or common areas (or any equipment or fixtures in or serving the same) caused by Tenant or its assignees or subtenants, or any of their respective agents, employees, contractors or invitees. If Tenant fails to make such repairs in a timely manner, any such damage may be repaired by Landlord, in which case Tenant will pay as Additional Rent to Landlord the cost of such repairs, including an amount sufficient to reimburse Landlord for overhead and supervision, within ten (10) days after the date of Landlord's invoice. Alternatively, at Landlord's option, Tenant will promptly and adequately repair all such damage under the supervision and subject to the prior reasonable approval of Landlord. All work done by Tenant or its contractors (which contractors will be subject to Landlord's reasonable approval) will be done in a first-class workmanlike manner using only grades of materials at least equal in quality to standard materials currently used in the Building and will comply with all insurance requirements and all applicable laws and regulations. (b) Tenant shall, upon the expiration or earlier termination of the term hereof or any renewal or extension thereof, surrender the Premises to the Landlord in good condition, except damage from casualty, condemnation and ordinary wear and tear excepted. Except as expressly may be specifically provided above LANDLORD in this Lease or any addendum hereto, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, maintain, alter decorate or modify paint the Leased Premises or any part thereofthereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically set forth herein or in any addendum hereto. (c) Notwithstanding the provisions of Section 9(a) Landlord shall, at its sole cost and expense, repair and maintain and make any necessary replacements to the roof, roof membrane, roof covering, concrete slab, footings, foundation, exterior walls, parking areas, sidewalks, driveways, loading areas, exterior doors and windows, flooring (except for floor coverings), sprinklers and the structural portion of the Building, including the Building’s basic plumbing, air conditioning, heating and electrical systems, , unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Except as specifically provided in Section 20 hereof, there shall be no abatement of Rent and there shall be no liability of Landlord for any failure to make any repairs or to perform any maintenance, nor for any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right, under any law, statute, or any plumbingordinance now or hereafter in effect, heatingto make repairs at Landlord's expense. (d) Landlord shall timely clean, electricalmaintain, air conditioning or other mechanical installation thereinrepair, light, operate and insure the Common Areas, as needed. Upon the commencement Maintenance services shall include snow and ice removal and repair of the term of this Leaseparking lot, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating as necessary. Landlord shall maintain and air conditioning units or facilities within keep the Leased Premises. TENANT agrees to be solely responsible for Building and thereafter to Common Areas in good condition and repair and to maintain the structural portions costs of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT doing so shall be considered Direct Expenses in accordance with Section 4, unless such repairs are excluded from the definition of the same quality, design and class as the original workDirect Expenses hereunder.

Repairs. LANDLORD shall not 7.01. Tenant shall, at its sole cost and expense, be required to keep any portion responsible for the maintenance and repair of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs demised premises (including all bathrooms and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a yearother sanitary facilities located therein), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as expressly provided above LANDLORD to structural repairs, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to repairthe Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, maintainfixtures or other property, alter shall be repaired, restored or modify replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the Leased Premises original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any part thereofrepairs required to be made to the mechanical, or any plumbingelectrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be responsible for any existing violations of the current provisions of Legal Requirements, including the Americans with Disabilities Act. 7.02. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a xxxx therefor. 7.03. If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.04. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.05. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other mechanical installation therein. Upon the commencement parts of the term Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.06. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant’s business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.07. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, LANDLORD will assign Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to TENANT any original warranties Landlord and shall deliver to Landlord a copy of such contracts and all amendments thereto promptly after execution thereof. 7.08. Notwithstanding anything to the contrary provided in this Lease, if: (I) the demised premises are rendered untenantable in whole or guarantees obtained in part, for a period of ten (10) consecutive days, due to (a) the interruption of services as required by Article 21, (b) Landlord’s failure to make repairs as required by this Lease or (c) Landlord’s making of repairs, replacements or additions (other than those made with Tenant’s consent or caused by wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees), except if such untenantability results from manufacturers (i) Force Majeure Causes, subject to Article 34, or installers (ii) events caused by the wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees, and (II) Tenant promptly vacates, for heating and air conditioning units the full untenantability period, either the entire demised premises, if they are wholly untenantable, or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions entire untenantable part of the Leased Premises to demised premises, if less than all of the demised premises are untenantable, then, in that case, there shall be a proportionate abatement of basic annual rent from and after said tenth (10th) consecutive day (after Tenant shall have vacated either the entire demised premises, if they are wholly untenantable, or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable) and keep in force, continuing for the typical service contracts period of such companies providing untenantability. As a condition to Tenant’s entitlement to any such abatement under this Section 7.08, Tenant shall give Landlord on the first (1st) day the untenantability is claimed to have occurred a written notice describing in reasonable detail the circumstance causing such claimed untenantability. If Tenant breaches the immediately preceding sentence, then, any abatement to which Tenant may be entitled under this Section 7.08 shall not commence until such written notice is received by Landlord and all the other prerequisite conditions for Tenant’s entitlement to the inspection and servicing abatement have been fully satisfied. Furthermore, in no event shall Tenant be entitled to claim a constructive eviction from the demised premises unless Tenant shall first have notified Landlord in writing of the heating condition or conditions giving rise thereto, and air conditioning equipment. All repairsif the complaints be justified, and/or replacements made by TENANT unless Landlord shall be have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy such condition or conditions, subject to Force Majeure Causes and the same quality, design and class as the original workterms of Article 34.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenanfs expense, all necessary repairs to keep any portion the Leased Space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises in proper repairspace damaged or worn through normal occupancy, except for major mechanical systems or the roof (which shall be maintained by Landlord), subject to the obligations of the parties otherwise set forth In this Lease. Any work on Alterations and Improvements Tenant, at Tenant's expense, shall have the structural portions right, upon obtaining Landlord's written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at Space from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased Premises. TENANT will keep inside portions of space, and fasten the same to the Leased Premises in good repair includingSpace. All personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or placed or installed on the Leased space by Tenant thereafter, shall remain Tenanfs property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this LeaseLease provided that Tenant shall repair, LANDLORD will assign at Tenanfs expense, all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premisesspace caused by such removal. TENANT agrees Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased space,and all personal property taxes with respect to Xxxxxxxx's personalproperty, if any,on the Leased Space. Tenant shall be solely responsible for and thereafter paying all personalproperty taxes with respect to repair and to maintain the structural portions of Tenanfs personalproperty at the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workSpace.

Repairs. LANDLORD shall not be required to Tenant shall, at Tenant's own expense, keep any portion the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Leased Building in which the Premises are located, in proper repairgood order, repair and condition at all times during the Lease Term. Any work on In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the Leased Premises required for any reason will be performed at floors of the expense Building, the systems and equipment of TENANT. Structural portions shall be defined as bearing wallsthe Building, beams, roofs and the outside portions landscaping, walkways, driveways and parking areas of the Leased PremisesProject, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT will keep inside portions of the Leased Premises in good repair includingHEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, but not limited toSTATUTE, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workOR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. LANDLORD (a) Tenant shall not be required to keep any portion the Premises (including, without limitation, all Fixtures) in good condition and, upon expiration or earlier termination of the Leased Premises in proper repair. Any work on Term, shall, subject to the structural portions terms and conditions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsSection 5.03(d) herein, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at same to Landlord in the expiration of the term, in as good same condition as when receivedfirst occupied, excepting ordinary reasonable wear and tear and damage by fire or insured casualtyother casualty excepted. When used in this paragraphTenant's obligation shall include, without limitation, the term “repair” obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises or anywhere in the Building, subject to Section 8.03. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building's structural components or any areas outside the Premises and which is Tenant's obligation to perform shall include replacements be performed by Landlord at Tenant's expense (which expense shall be equal to Landlord's actual out-of-pocket costs, which shall be commercially reasonable). Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises or the Building, (b) Landlord shall at all times operate and renewals when necessary to maintain the Leased Building, including all Major Building Equipment servicing the Premises, in accordance with the standards that are customarily followed in the operation and maintenance of First-Class Office Buildings (as defined in the Xxxxxxxxx) (the "Standard"). (c) 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 to the Building or in the cleaning and any improvements located thereon in good order and conditionmaintenance thereof; provided, except as expressly provided above LANDLORD however, that Landlord shall have no obligation to repair, maintain, alter employ contractors or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning labor at so-called overtime or other mechanical installation therein. Upon premium pay rates or to incur any other overtime costs or expenses whatsoever, 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 commencement Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and thereafter to repair and to maintain the structural portions of the Leased Premises to incur any other overtime costs or on which TENANT has caused expenses in making any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT alterations, additions or improvements to the extent it is practicable to do so, and Tenant shall be of pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the same quality, design difference between the overtime or other premium pay and class as the original workstraight time pay.

Repairs. LANDLORD Tenant shall not be required put, keep, repair and maintain the Leased ------- Premises and the fixtures and equipment therein at all times in a good, properly functioning, safe and sanitary condition and state of repair, reasonable wear and tear excepted, free of debris and other similar obstructions. Tenant shall allow Landlord access to keep any portion of the Leased Premises during all reasonable hours upon twenty-four (24) hours notice, except in proper repairthe case of emergencies, to make repairs required to be made by Tenant which Tenant fails or refuses to make, and shall pay Landlord as additional rent the cost of such repairs made for Tenant by Landlord. Any work on Subject to Tenant's obligation to pay Operating Expenses pursuant to Section 5 of this Lease, Landlord shall: i) make all necessary repairs to the outer walls, roof, and structural portions elements of the Leased Premises required for any reason will be performed at Building, ii) keep the expense of TENANT. Structural portions shall be defined as bearing wallsplumbing, beamssewage, roofs heating, air conditioning, electrical and the outside portions ventilating systems of the Leased Premises. TENANT will keep inside portions of Building not serving the Leased Premises in good repair includingrepair, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear excepted, and damage by fire or insured casualtyiii) maintain and keep the common areas, grounds, walkways, driveways and parking areas in a neat and clean condition. When Tenant shall pay for electrical lamps and ballasts used in this paragraphthe Leased Premises. Any cost of repairs, modifications, alterations or improvements to the Building, the term “repair” Leased Premises or the Project which are occasioned by the negligence or default of Tenant, its officers, employees, agents or invitees, or by the requirements of law, ordinance or other governmental directive and which arise out of the nature of Tenant's use and occupancy of the Leased Premises or the installations of Tenant in the Leased Premises shall include replacements and renewals when necessary be paid solely by Tenant. Tenant will not suffer or permit any waste or injury to maintain the Leased Premises and any improvements located thereon in good order and conditionwill, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify at the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement expiration of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of surrender the same qualitywith all walls, design floor coverings and class other components thereof in the same order and condition as on the original workCommencement Date, ordinary wear and tear, subsequent alterations or improvements consented to by Landlord as provided in Section 15 of this Lease, and casualty damage covered by insurance, excepted.

Repairs. LANDLORD 7.01 Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and exclusively serving the same and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in substantially the same order and condition as existed on the Commencement Date, reasonable wear and tear, damage by fire or other casualty excepted. With respect to the Building systems exclusively serving the demised premises and provided the same are delivered in good condition, Tenant shall be responsible for the cost to (i) repair and maintenance of the Unit (as defined in Section 21.01 hereof) and Tenant’s internal air-distribution system to the point at which the same connects to the Building condenser water system, (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed by Landlord or by a contractor selected and approved by Landlord and the commercially reasonable cost shall be payable by Tenant as additional rent within fifteen (15) days after rendition by Landlord of any xxxx(s) pertaining thereto. Except as otherwise provided in Section 9.08 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by or resulting from the negligence or willful misconduct of, or alterations made by, Tenant, Tenant’s servants, employees, invitees or licensees, or caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.02 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.03 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be required transmitted to keep the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04 Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsor to fixtures, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire appurtenances or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part equipment thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to keep make any portion repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability, the necessity for which (i) Landlord is notified in writing by Tenant, and (ii) is not brought about by any act or neglect of Tenant, its agents, employees or contractors, licensees, or invitees. (b) Tenant covenants and agrees that it will take good care of the Leased Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in proper good condition and repair, except for normal wear and tear. Any work on the structural portions Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the Leased Premises required provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. Landlord shall not be liable to Tenant for damage to person or property caused by any reason will be performed latent defects in the Building or the Demised Premises, defects in the cooling, heating, electric, water, elevator or other apparatus or systems or by water discharged from sprinkler systems, if any, in the Building or the Demised Premises, nor for the theft, mysterious disappearance, or loss of the Building. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of TENANTLandlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have Landlord has no obligation and has made no promise to alter, remodel, improve, repair, maintain, alter decorate or modify paint the Leased Demised Premises or any part thereof, except as specifically and expressly herein set forth. (c) Tenant shall at its own cost and expense keep and maintain the Demised Premises and all parts thereof in good repair and tenantable condition and indemnify Landlord against any loss, damage, or expense arising by reason of any plumbingfailure of Tenant so to keep the Demised Premises in good repair and tenantable condition or due to any act or neglect of Tenant, heatingits agents, electricalemployees, air conditioning contractors, invitees, or licensees. If Tenant fails to perform, or cause to be performed, such maintenance and repairs, then at the option of Landlord, in its sole discretion, any such maintenance or repair may be performed or caused to be performed by Landlord and the cost and expense thereof shall be charged to Tenant, and Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Tenant shall not install X-ray machines or other mechanical installation thereinequipment which emits radiation in the Demised Premises without Landlord's approval, which approval shall not be unreasonably withheld. Upon Landlord's withholding of consent shall not be unreasonable if, by way of illustration and not limitation, adequate protection for the commencement safety of people is not installed in connection with such equipment. Tenant hereby accepts the risks of and all responsibility for any injury or damage which may result from the operation or failure of operation of any such X-ray equipment or other equipment which emits radiation. All equipment owned or operated by Tenant must be installed and protected in a manner satisfactory to Landlord and in compliance with all governmental regulations. Tenant will be obligated to obtain and maintain at its expense any permits, licenses or approvals required in connection with its use of the term Demised Premises or in connection with any equipment of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within Tenant in the Leased Demised Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT and clearing of stoppages from plumbing fixtures within the Demised Premises, as well as repair or replacement of special or non- standard electrical fixtures, lights and light bulbs within the Demised Premises (other than standard 2x4 lights), and the furnishing of toilet paper and paper towels to toilets and sinks located within the Demised Premises shall be at Tenant's expense. (d) Tenant agrees to conform to Landlord's signage program for the Building; however, all costs and expenses for any sign, sign installation, removal and repair shall be paid by Tenant. Tenant shall obtain the written approval of Landlord prior to placing and maintaining, or causing or permitting to be placed and maintained, any sign, advertising matter or other thing of any kind, on the exterior of the same qualityDemised Premises, design and class as or any decorating, lettering or advertising matter on any exterior door to the original workDemised Premises. Tenant shall not affix or attach anything to windows in the Demised Premises.

Repairs. LANDLORD shall not be required to Landlord will keep any portion the foundation, exterior walls and roof of the Leased Demised Premises (excepting any work done by Tenant and excepting any glass or doors, which are the responsibility of the Tenant) in proper repair. Any work on the structural portions , provided that in each case Tenant shall have given Landlord prior written notice of the Leased Premises required for any reason will be necessity of such repairs. The cost of such repairs performed at the expense of TENANT. Structural portions by Landlord shall be defined as bearing walls, beams, roofs and included in the outside portions Landlord’s operating cost of common facilities set forth in Pxxxxxxxx 0X of this Lease. Tenant will keep the interior of the Leased Demised Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, together with all fixtures and all electrical, plumbing, heatinghealing, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation equipment whether located within or on the roof of the Demised Premises, all doors, and all plate glass and door and window glass, in good order, condition order and proper repair at TENANT’S expense its own expense, using materials and labor of kind and quality equal to the original work, and will surrender the Leased Demised Premises at the expiration or earlier termination of the term, this Lease in as good condition as when received, excepting only deterioration caused by ordinary wear and tear and damage by fire or other casualty of the kind insured casualtyagainst in standard policies of fire insurance with extended coverage. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except Except as expressly provided above LANDLORD hereinabove provided. Landlord shall have no obligation to repair, maintain, replace alter or modify the Leased Demised Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation thereinwhether located within or on the roof of the Demised Premises. Upon Under no circumstances shall Landlord be obligated to repair, replace or maintain any plate glass or door or window glass. In furtherance of Tenant’s obligation to maintain, repair and replace heating, air conditioning and other mechanical equipment in or serving the commencement of Demised Premises. Tenant agrees to obtain and keep in full force during the term of this the Lease, LANDLORD will assign or any renewal thereof, a maintenance, repair and service contract on such equipment reasonably satisfactory to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within Landlord. Notwithstanding anything contained in this lease to the Leased Premisescontrary. TENANT Landlord agrees to be solely responsible for transfer to Tenant any and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused all manufacturers warranties if any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workHVAC system being installed in Tenant’s Demised Premises.

Repairs. LANDLORD shall not be required to keep any portion Commencing on the later of the Leased Premises in proper repair. Any work on the structural portions Commencement Date or Tenant’s occupancy of the Leased Premises, Landlord shall make all repairs necessary to maintain the plumbing, air conditioning, and electrical systems, windows, floors (excluding floor coverings), and all other items which do not constitute a part of the Premises required and are installed or furnished by Landlord, except repairs of; (i) Tenant’s trade fixtures and property; (ii) installations which Tenant was obligated to make; (iii) installations which were performed by Landlord or others at Tenant’s request or expense; or (iv) were part of Tenant’s Work. Landlord shall not, however, be obligated for any reason will of such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repairs are needed. In no event shall Landlord be performed at obligated under this Paragraph to repair any damage caused by any act, omission or negligence of the expense Tenant or its employees, agents, invitees, licensees, subtenants, contractors, subcontractors or assignees. Tenant shall take good care of TENANT. Structural portions shall be defined as bearing walls, beams, roofs the Premises and the outside portions of fixtures and appurtenances therein. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair and Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, including, but not limited to, injury or damage resulting from all electrical, plumbing, heating, air conditioning (which shall include normal replace or any of heating and air conditioning filters at least once a year), signs and other mechanical installation them moving in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration or out of the termBuilding or by installation or removal of furniture, fixtures or other property, which repairs and replacements shall be in as good condition as when receivedquality and class equal to the original, excepting ordinary wear and tear and damage by fire undamaged condition. If Tenant fails to make such repairs or insured casualty. When used in this paragraphreplacements, the term “repair” same may be made by Landlord in accordance with the provisions of Paragraph 24N hereof. Landlord shall include replacements and renewals when necessary not be liable by reason of any inconvenience, injury to, or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or the Land and Building or to any part thereof, appurtenances or any plumbing, heating, electrical, air conditioning or other mechanical installation equipment therein. Upon the commencement There shall be no abatement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts rent because of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT alterations, additions or improvements. Landlord covenants to make reasonable efforts to implement such repairs, alterations, additions or improvements in a timely and expeditious manner, and shall coordinate the timing of any such repairs, alterations, additions or improvements so as to not unreasonably interfere with Tenant’s business operations, but in no event shall Landlord be of the same quality, design and class as the original workrequired to perform such work at times other than during Normal Business Hours.

Repairs. LANDLORD 9.01 Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant (and except for fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated by this provision) or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition; provided, however, that Tenant shall not be required to keep make any such repairs which are the obligation of Landlord hereunder or which are necessitated by the act, omission or negligence of Landlord, its agents or employees. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and for which Landlord has not been and will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a xxxx therefor. Landlord, at its expense, shall effect all necessary maintenance and repairs to the roofs, foundations and structural portions of the demised premises, and all utilities serving the demised premises (including the sprinkler and HVAC systems), except if same is necessitated by the act, omission or negligence or Tenant, its agents or employees. The exterior walls of the Building, the portions of any window xxxxx outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 9.02 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord certifies that the floor of the demised premises will carry 100 pounds live load per square foot of floor space and 20 pounds for partitions per square foot of floor space. If Tenant shall desire a floor load in excess of that set forth above, Landlord agrees (provided Landlord's architects, in their sole discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 9.03 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 9.04 Except as otherwise 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof. Any work on the structural portions of the Leased Premises required for Landlord shall exercise reasonable diligence so as to minimize any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workinterference with Tenant's business operations.

Repairs. LANDLORD 9.01. Tenant shall not maintain and keep the Demised Premises in first-class order and repair and make all such repairs and replacements as may be necessary in order to maintain the Improvements in a condition suitable for the operation and conduct of Tenant's business therein, but excluding from Tenant's obligations such repairs and replacements made necessary by damages caused by fire and the perils covered by the usual policy of extended coverage insurance in effect in the area where the Demised Premises are located. Notwithstanding anything to the contrary contained herein, such obligation of Tenant shall include, without limitation, such current repairs, maintenance and replacements as are required to keep any portion of the Leased Demised Premises in proper first-class order and repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited towithout limitation, all electricalthe following: sidewalks and blacktopping, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year)systems and equipment, signs lighting and other mechanical installation in good orderelectrical systems and equipment, condition water, power, and repair at TENANT’S expense plumbing systems and will surrender the Leased Premises at the expiration of the termequipment, in roofs, walls, floors, ceilings, and windows, and also shall include, without limitation, periodic painting and general refurbishing so as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Demised Premises at all times in an attractive, clean and pleasing appearance. Tenant shall assign to Landlord all contractors' guarantees received by Tenant in connection with repairing the Demised Premises. 9.02. If the Demised Premises shall be damaged by fire, explosion, perils insured against by Landlord's standard fire and extended coverage insurance policy, casualty, or other cause or happening or if any lawful authority shall order demolition or removal of any structure covered by this Lease, so as-to render them, in Landlord's reasonable discretion, substantially unfit in their entirety for Tenant's proposed use, then this Lease, at Landlord's option, shall terminate and Tenant's obligation to pay rent shall cease, and any improvements located thereon unearned rent paid in good order advance shall be refunded to Tenant. If the Demised Premises shall be partially destroyed by fire, explosion, or perils insured against by Landlord's standard fire and conditionextended coverage insurance policy, except as expressly provided or if Landlord shall not have exercised the above LANDLORD option to terminate, then the Demised Premises shall be restored by Landlord and a just proportion of the basic rent specified shall abatx xxxil they shall have no obligation been restored and put in proper condition for Tenant's use and occupancy. 9.03. Tenant at its sole cost and expense shall comply with all laws, rules and regulations of any applicable governmental authority as related to repairTenant's use and occupancy of the Demised Premises, maintainor any part thereof and all orders, alter rules and regulations of the cognizant board of Fire Underwriters or modify any other body hereafter exercising similar functions, as related to Tenant's use and occupancy of the Leased Premises Demised Premises, or any part thereof. Tenant shall likewise observe and comply with the requirements of all policy of public liability, fire and other insurance at any time in force with respect to the Demised Premises. 9.04. If a defect in workmanship or any plumbingmaterials is discovered by Tenant which is covered by a contractor's warranty or guaranty received by Landlord and Landlord refuses to enforce such warranty or guaranty after written demand made by Tenant, heatingthen Landlord agrees, electricalupon written demand by Tenant, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will to assign to TENANT any original warranties Tenant all its right to enforce such warranty or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within guaranty to the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of extent only that the same quality, design and class as relates to the original workdefect in question.

Repairs. LANDLORD shall not 7.01. Tenant shall, at its sole cost and expense, be required to keep any portion responsible for the maintenance and repair of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs demised premises (including all bathrooms and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a yearother sanitary facilities located therein), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as expressly to structural repairs Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case, subject to Section 9.08, Tenant shall be so obligated). Tenant shall keep all glass in the demised premises, including windows (other than the cleaning of the exterior thereof which is to be performed by Landlord), doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Notwithstanding the foregoing, Landlord shall be obligated to repair any broken exterior windows unless such repairs are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be obligated to perform such repairs. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided above LANDLORD shall have no obligation that any repairs required to repairbe made to the mechanical, maintainelectrical, alter or modify the Leased Premises or any part thereof, or any plumbingsanitary, heating, electricalventilating, air air-conditioning or other mechanical installation thereinBuilding systems shall be performed only by Landlord. Upon If Tenant fails to commence and diligently prosecute the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts completion of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or restoration or replacements within ten (10) days after notice from Landlord that same are necessary, such repairs, restoration or replacements may be made by TENANT Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of the same quality, design and class as the original worka xxxx therefor.

Repairs. LANDLORD A. Landlord shall be responsible for making all repairs necessary to maintain the plumbing, the fire protection, sprinkler and security systems, ventilating, air conditioning and electric systems of the Building and those serving the Leased Premises; the elevators servicing the Building; the electric feeder lines carrying electricity to the distribution boxes servicing each floor of the Building(but not including the cost of maintenance and repair of the electric lines carrying electricity from the distribution box to the Leased Premises); external windows; and structural components of the floors (excluding carpet, linoleum, wood or other flooring installed by Tenant or Landlord). Landlord shall be responsible for maintaining any connections to the Building plumbing, electric and air conditioning systems, and for making all repairs to the meters installed for measuring utility consumption pursuant to Section 9E hereof. Landlord shall not be required obligated to keep commence any portion of such repairs within the Leased Premises (other than normal air conditioning maintenance) until after receipt of written notice from Tenant that such repair is needed. If any such repair is caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, Landlord shall have the right to make the repair at Tenant's sole cost and expense, provided that if the damage necessitating such repairs is covered by insurance carried by Landlord or Tenant, the proceeds of such insurance shall be made available by Landlord, or by Tenant, as the case may be, to cover the cost of such repairs and the rights of any party, and of its insurer, shall be subject to the provisions of Section 21D. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, ventilating, air conditioning, electric, fire protection or sprinkler system installed for the Tenant's benefit in proper repairthe Leased Premises, such as any special air extractor equipment, whether or not such system is tied into the standard Building systems, such maintenance, servicing, repair or replacement shall be made by Landlord, its agents, or contractors, or, if Landlord shall so determine, by engineers or contractors engaged by Tenant and approved by Landlord, but, in either event, at the sole expense of Tenant, unless the need for such repairs is caused solely by the negligence or willful misconduct of Landlord or Administrator, their contractors, agents or employees. Any repairs by Landlord for Tenant's account shall be performed by Administrator, or under Administrator's supervision and the cost of such repairs shall be at rates competitive in the San Jxxx market for work on of the structural portions same type. B. All replacement of lighting tubes, lamps, bulbs and ballasts required in the Leased Premises required for any reason will be performed done by Landlord at the expense of TENANT. Structural portions Tenant’s expense. C. Tenant shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of maintain the Leased Premises in good repair and the fixtures and appurtenances therein including, but not limited to, ceilings, partitions, doors, lighting fixtures, switches, floor coverings, alterations, additions and Improvements made by Tenant in good order and repair, in a neat and clean condition, at all electricaltimes, plumbingexcept that as set forth in Section 9A hereof, heating, air conditioning (which Administrator shall include normal replace of heating provide basic cleaning and extermination services to the Leased Premises. Landlord shall provide regular maintenance to and service the ventilating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender equipment servicing the Leased Premises at (for example, without limitation, regular filter changes and fan belt replacement). Except with regard to repair or replacement following a casualty or an eminent domain taking, or due to the expiration negligence or willful misconduct of the termAdministrator or the Landlord, or as specified in as good condition as when received, excepting ordinary wear and tear and damage by fire Sections 11A or insured casualty. When used in this paragraph11B above, the term “repair” Tenant shall include replacements be responsible for all maintenance, repair and renewals when necessary replacement of any kind and nature of the Leased Premises, at Tenant's sole expense. Except as specified in Section 11A or 11B and subject to maintain Section 21D, Tenant shall reimburse Landlord for all costs and expenses of repairing and replacing all damage or injury to the Leased Premises and any improvements located thereon in good order Building and conditionto fixtures and equipment caused by Tenant or its employees, except agents, invitees, licensees, subtenants, or contractors, or as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises result of all or any part thereofof them moving in or out of the Building or by installation or removal of furniture, or any plumbing, heating, electrical, air conditioning fixtures or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workproperty.

Repairs. LANDLORD 9.1 Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and shall promptly, at its sole cost and expense, make all repairs necessary to keep the demised premises in good working order and condition, including structural repairs when those are made necessary by the act, omission, or negligence of Tenant or its agents or employees (subject to Section 12.5 hereof). Except as provided in Section 8.6 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and for which Landlord has not been and will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord, at Landlord's expense, shall effect all necessary repairs in and to the demised premises which are not the obligation of Tenant hereunder. The exterior walls and roof of the Building, the windows, and the areas above any hung ceiling are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 9.2 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 9.3 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be required transmitted to keep the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators and other equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 9.4 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof provided Landlord exercises reasonable diligence so as to minimize any interference with Tenant's business operations and Tenant is not prevented from operating its business thereby. Any Tenant understands that work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include effected on business days during normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workbusiness hours.

Repairs. LANDLORD shall not be required 10.01 Subject to Section 10.02 below, Tenant shall, at all times and at its sole cost and expense, keep any portion all applicable parts of the Leased Premises in proper repair. Any work on (including without limitation the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsTenant Improvements and Tenant Alterations, beamswindows, roofs glass and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair plate glass, doors (including, but not limited towithout limitation, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating overhead and air conditioning filters at least once a yearroll up doors), signs exterior stairs, skylights, any special office entries, interior walls and other mechanical installation finish work, floors and floor coverings), interior and exterior, and all equipment and facilities within or serving the Premises, in good order, condition and repair at TENANT’S expense and will surrender regardless of whether the Leased Premises at the expiration portion of the termPremises requiring repairs, or the means of repairing same, are reasonably or readily accessible, and regardless of whether the need for such repairs or maintenance occurs as a result of Tenant’s use, any prior use, vandalism, acts of third parties, Force Majeure (as defined in as good condition as when receivedArticle 26 below) or the age of the Premises, excepting ordinary reasonable wear and tear and damage by fire or insured casualtyexcepted. When used in this paragraph, The standard for comparison of condition will be the term “repair” shall include replacements and renewals when necessary to maintain condition of the Leased Premises as of the original date of Landlord’s delivery of the Premises and any improvements located thereon in good order and conditionfailure to meet such standard shall create the need to repair. If Tenant does not perform required maintenance or repairs, except as expressly provided above LANDLORD Landlord shall have no obligation the right, without waiver of Default or of any other right or remedy, to repairperform such obligations of Tenant on Tenant’s behalf, maintainand Tenant will reimburse Landlord for any costs incurred, alter together with an administrative fee in an amount equal to 10% of the cost of the repairs, within five (5) days following Landlord demand. 10.02 Landlord shall perform the repair and maintenance of the roof, exterior walls, exterior areas and any other maintenance and repair of exterior, structural, and/or common elements, provided, Tenant shall reimburse Landlord for 100% of any such expense incurred by Landlord due to the act or modify omission of Tenant or any Tenant Entity. Tenant expressly waives the Leased Premises benefit of any statute or other legal right now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense, whether by deduction of rent or otherwise, or to terminate this Lease because of Landlord’s failure to keep the Property, or any part thereofthereof in good order, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating condition and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workrepair.

Repairs. LANDLORD shall not 7.01. Tenant shall, at its sole cost and expense, be required to keep any portion responsible for the maintenance and repair of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs demised premises (including all bathrooms and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a yearother sanitary facilities located therein), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as expressly provided above LANDLORD to structural repairs, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to repairthe Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, maintainfixtures or other property, alter shall be repaired, restored or modify replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the Leased Premises original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any part thereofrepairs required to be made to the mechanical, or any plumbingelectrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be responsible for any existing violations of the current provisions of Legal Requirements, including the Americans with Disabilities Act. 7.02. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a xxxx therefor. 7.03. If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.04. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.05. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other mechanical installation therein. Upon the commencement parts of the term Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.06. Except as otherwise specifically 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 making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant’s business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.07. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, LANDLORD will assign Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to TENANT any original warranties Landlord and shall deliver to Landlord a copy of such contracts and all amendments thereto promptly after execution thereof. 7.08. Notwithstanding anything to the contrary provided in this Lease, if: (I) the demised premises are rendered untenantable in whole or guarantees obtained in part, for a period of ten (10) consecutive days, due to (a) the interruption of services as required by Article 21, (b) Landlord’s failure to make repairs as required by this Lease or (c) Landlord’s making of repairs, replacements or additions (other than those made with Tenant’s consent or caused by wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees), except if such untenantability results from manufacturers (i) Force Majeure Causes, subject to Article 34, or installers (ii) events caused by the wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees, and (II) Tenant promptly vacates, for heating and air conditioning units the full untenantability period, either the entire demised premises, if they are wholly untenantable, or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions entire untenantable part of the Leased Premises to demised premises, if less than all of the demised premises are untenantable, then, in that case, there shall be a proportionate abatement of basic annual rent from and after said tenth (10th) consecutive day (after Tenant shall have vacated either the entire demised premises, if they are wholly untenantable, or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable) and keep in force, continuing for the typical service contracts period of such companies providing for the inspection and servicing of the heating and air conditioning equipmentuntenantability. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.As a condition to Tenant’s entitlement to any such abatement under this

Repairs. LANDLORD shall not be required to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions Tenant shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, financially responsible for all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of repairs necessitated during the term of this LeaseLease as a result of Tenant’ negligence. This includes backed up plumbing lines that are a result of tenant’s negligence, LANDLORD such as putting grease down sink drains, overfilling toilets with toilet tissue or children’s toys, any feminine hygiene product, string, rags, grease or rubbish of any description to enter into toilets or drainpipes. The Tenant is required to keep the Heat on in the winter months, including any holiday breaks at no less than 60 degrees. If the Landlord finds that the tenant has turned off heat during the winter months and this has resulted in damage to the building, the Tenant will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely full responsible for the repairs. Tenant is responsible for unclogging toilets. Tenant shall not make any repairs or improvements (this includes painting) to the home or apartment but shall notify Landlord who shall arrange for such repairs and thereafter then bill Tenant for the reasonable expense incurred thereby. Tenant shall immediately pay to repair Landlord the reasonable cost of any such repair. Tenant shall not make any alterations, repairs, or additions to the home or apartment, but shall notify Landlord who shall arrange for such repairs or adjustments and then bill tenants for the reasonable expense incurred thereby. Tenants shall immediately pay to maintain Landlord the structural portions reasonable cost of any such repair. Damages beyond normal wear and tear to walls or woodwork shall be deducted from tenant’s security deposit; this shall include any damage caused by hanging pictures or other uses of the Leased Premises to walls and woodwork. Driver nails larger than 1/16, screws, any type of adhesive or on which TENANT has caused any work to masking tape, or other equivalent items should not be done installed into walls or alteration madewoodwork. TENANT Tenant will obtain from reliable companies and keep in force, the typical service contracts of such companies providing be responsible for the inspection replacement of all light bulbs and servicing smoke detector batteries in the apartment for the duration of the heating lease. In addition, all light bulbs, smoke detector batteries, and air conditioning equipmentvenetian blinds must be in working order at the time of move out. All repairsIf the Tenant does not assume responsibility for the replacement of these items, and/or replacements made by TENANT shall Tenant will be of the same quality, design and class as the original work.charged. Initials

Repairs. LANDLORD shall not be required From and after the commencement of the Term, the Landlord shall, at his own cost and expense, make all repairs necessary to keep the structural support elements (which term shall include the footings and foundations, floor slab, structural columns, planking beams, girders and roof of the Building) in structurally good condition, order and repair, excepting only any damage resulting from any acts and any omissions of the Tenant or its agents, contractors and employees, from fire or other casualty and from eminent domain takings. The Landlord shall also make all repairs to portions of the Premises which are otherwise the responsibility of the Tenant to repair if the same require repair by reason of the failure of elements of the Premises which are the responsibility of the Landlord and if such failure was in no way attributable to the act or omission of the Tenant, its agents, employees or contractors. The party from time to time having the responsibility for repair of any portion of the Leased Premises in proper repair. Any work on shall have (and, to the structural extent necessary to effectuate this paragraph the Landlord hereby assigns to the Tenant) the benefit of all warranties and guarantees from manufacturers, suppliers and subcontractors whose products or services are or may be incorporated into the Premises; Landlord will separately assign to Tenant all such warranties and guaranties relating to portions of the Leased Premises required for any reason will be performed which Tenant has the responsibility for repair and at the expense request of TENANTthe Tenant, the Landlord will furnish the Tenant with original signed counterparts of any contracts for construction. Structural portions Any repairs or replacements to the roof, parking area and HVAC system which are capital in nature shall be defined as bearing walls, beams, roofs made by the Landlord and the outside portions cost shall be amortized over their useful life in accordance with generally accepted accounting principles at an interest rate of 8%. Tenant shall reimburse Landlord on a monthly basis as Additional Rent its pro rata share of such amortization of cost during its Term and any extension. The Tenant shall, at its own cost and expense, make all other non-structural repairs, exterior and interior, necessary to keep the Leased Premises. TENANT will keep inside portions of , including the Leased sidewalks, curbs, and driveways adjoining the Premises in good repair including, but not limited to, and all electrical, mechanical, sprinklers, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender building systems serving the Leased Premises at the expiration of the term, in as good condition as when receivedcondition, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except repair as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon same are at the commencement of the term Term or thereafter may be put, excepting only repairs which are the obligation of this Leasethe Landlord hereunder and damage resulting from any acts and omissions of the Landlord or its agents, LANDLORD will assign to TENANT any original warranties contractors and employees, from fire or guarantees obtained other casualty and from manufacturers or installers for heating eminent domain takings, and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for shall keep and thereafter to repair and to maintain the structural all portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection sidewalks and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of driveways adjoining the same qualityin a clean and orderly condition, design free of accumulations of dirt, rubbish, snow and class as the original workice.

Repairs. LANDLORD 12.01. Tenant shall not take good care of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs to the interior and exterior non-structural components of the Demised Premises in accordance with Article 6, to preserve them in good working order and condition. All damage or injury to the Demised Premises, and to its fixtures, glass, appurtenances, and equipment, caused by Tenant moving property in or out of the Building, or by installation or removal of furniture, fixtures, or other property, or resulting from fire, explosion, air-conditioning unit or system, short circuits, flow, or leakage of water, steam, illuminating gas, sewer gas, sewerage, or odors, or by frost, or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of Tenant, its servants, employees, agents, visitors, or licensees, shall be required repaired, restored, or replaced promptly by Tenant, at its sole cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, restorations, and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workmanlike manner. If Tenant fails to make such repairs, restorations, or replacements, same may be made by Landlord at expense of Tenant, after notice and opportunity to cure pursuant to Article 17, and all sums so spent and expenses incurred by Landlord shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a bxxx or statement therefor. 12.02. Tenant shall, at its expense, make all repairs and replacements (except Structural Portions and major components of the Utilities, which are the sole responsible and liability of the Landlord to repair, maintain and replace), and otherwise, necessary or desirable in order to keep any portion in good order and repair the exterior and interior, non-structural components of the Leased Demised Premises. 12.03. Tenant, at Tenant’s sole cost and expense, shall regularly monitor the Demised Premises in proper repair. Any work on for the structural portions presence of the Leased Premises required for mold, mold related conditions, or any reason will conditions that reasonably can be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsexpected to give rise to mold (“Mold Conditions”), beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electricalobserved or suspected instances of water damage, plumbingmold growth, heating, air conditioning (which shall include normal replace repeated complaints of heating and air conditioning filters at least once a year), signs and respiratory ailments by Tenant’s employees or other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration occupants of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereofDemised Premises, or any plumbingnotice from a governmental agency of complaints regarding the indoor air quality at the Demised Premises and shall promptly notify Landlord in writing if Tenants suspects mold or Mold Conditions to exist at the Demised Premises. In the event mold or Mold Conditions exist at the Demised Premises, heatingthen Tenant, electricalat Tenant’s sole cost and expense, air conditioning shall promptly ensure that mold remediation is conducted pursuant to applicable governmental laws, regulations or other mechanical installation therein. Upon the commencement guidelines and shall notify Landlord of the term of this Leaseactions Tenant is taking. Landlord has no liability to Tenant for mold or Mold Conditions, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within if any, existing in the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions Demised Premises as of the Leased Premises to Tenant Possession Date or on which TENANT has caused any work to that may develop or be done or alteration made. TENANT will obtain from reliable companies and keep in force, discovered throughout the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workLease term.

Repairs. LANDLORD shall not be required to The Landlord agrees that, at its own expense, it will keep any portion and maintain the Premises, including, without limiting the generality of the Leased Premises foregoing, the roof, exterior, foundation, fire protection system, structural integrity, all utility lines and connections, interior walls, windows and window glass, flooring, ceiling, fixtures and operational parts, paving, sidewalks, parking areas and landscaping, in proper repair. Any work a condition and repair similar to its condition and repair on the structural portions effective date hereof, ordinary wear and tear excepted. Except as otherwise provided in Sections 7 and 7.1 of this Lease and as set forth herein the Tenant shall take good care of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of fixtures in the Leased Premises. TENANT will Premises and shall keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition condition, and repair at TENANT’S the Tenant's expense during the Term, including the replacement of all interior broken glass and will surrender exterior glass broken by the Leased Premises at Tenant with glass of the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord for the cost thereof as additional rent. On the expiration of the termTerm or on earlier termination or cancellation of this Agreement, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as when receivedof the time of delivery to the Tenant, excepting ordinary subject to reasonable wear and tear tear. All injury to the Building or fixtures caused by moving of the Tenant in and out of the Building caused by the Tenant and any damage done by water, steam, electricity, fire or insured casualty. When used in this paragraph, other substances to the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter Building or modify the Leased Premises or any part thereoffixtures, or any plumbing, heating, electrical, air conditioning or to the property of other mechanical installation therein. Upon tenants in the commencement Building caused by the Tenant may be repaired by the Landlord at the expense of the term Tenant, and the cost thereof shall become immediately due and payable by the Tenant as additional rent upon the delivery of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts a statement of such companies providing for costs by the inspection and servicing of Landlord to the heating and air conditioning equipment. All repairsTenant, and/or replacements made by TENANT shall be of or mailing the same qualitysame, design and class as postage prepaid, to the original workTenant at its last known address.

Repairs. LANDLORD During the Lease term, Tenant shall not be required make, at Tenant's expense, all necessary repairs to keep any portion the Leased space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises space damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in proper repairthis Lease. Any work on Tenant, at Tenant's expense, shall have the structural portions right, upon obtaining Landlord's written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises required for any reason will be performed at space from time to time as Tenant may deem desirable, provided the expense of TENANTsame are made in a workmanlike manner and utilizing good quality materials. Structural portions Tenant shall be defined as bearing wallshave the right to place and install personal property, beamstrade fixtures, roofs equipment and the outside portions of other temporary installations in and upon the Leased Premisesspace, and fasten the same to the premises. TENANT will keep inside portions of the Leased Premises in good repair includingAll personal property, but not limited toequipment, all electricalmachinery, plumbingtrade fixtures and temporary installations, heating, air conditioning (which shall include normal replace of heating and air conditioning filters whether acquired by Tenant at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the Lease term or placed or installed on the Leased space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this LeaseLease provided that Tenant shall repair, LANDLORD will assign at Tenant's expense, all damage to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premisesspace caused by such removal. TENANT agrees Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased space, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased space. Tenant shall be solely responsible for and thereafter paying all personal property taxes with respect to repair and to maintain the structural portions of Tenant's personal property at the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workspace.

Repairs. LANDLORD (a) Tenant shall not be required pay Tenant’s Proportionate Share of all structural and non-structural repairs and maintenance in and to the Premises, which Landlord determines are reasonably necessary or desirable in order to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and conditionrepair. Tenant shall take good care of the Premises and Demised Premises and the fixtures and appurtenances therein. All damage or injury to the Premises and Demised Premises and to such fixtures and appurtenances, except as expressly provided above LANDLORD shall have no obligation or to repairthe Building, maintainor to its fixtures, alter or modify appurtenances and equipment, caused by Tenant’s moving property in and out of the Leased Building, the Premises or any part thereofthe Demised Premises, or any plumbingby installation or removal of fixtures, heating, electrical, air conditioning furniture or other mechanical installation thereinproperty, or from any other cause, shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense. Upon All repairs, restorations and replacements shall be in quality and class equal to the commencement original work or installations. If Tenant fails to make such repairs, restorations or replacements, the same may be made by Landlord, at Tenant’s expense, and the amounts spent by Landlord (together with interest thereon at the per annum rate of ten (10%) percent, or if such rate be illegal then at the term highest permissible rate, from the date of Landlord’s expenditure through the date of Tenant’s payment in full) shall be collectible as additional rent, to be paid by Tenant within fifteen (15) days after rendition of a xxxx and invoices from any contractor utilized by Landlord (if any). Notwithstanding anything to the contrary contained in Section 10.01(a), Tenant shall not be responsible for any structural repairs (i) necessitated by damage or condition that existed prior to the date of this Lease, LANDLORD or (ii) requested solely by any other tenant of the Premises, unless said damage has been caused or increased by the Tenant. (b) There shall be no allowance to Tenant for a diminution of rental value, and no liability on Landlord’s part, by reason of inconvenience, annoyance or injury to Tenant’s business arising from the making of repairs, alteration, additions or improvements in or to the Demised Premises or the Premises, or to the fixtures, appurtenances or equipment thereof, by Landlord, Tenant or others. Landlord will assign use commercially reasonable efforts to TENANT not interrupt Tenant’s use and enjoyment of the Demised Premises when making such repairs, alterations, additions or improvements, but the obligation to use commercially reasonable efforts shall not require Landlord to employ overtime labor or pay any original warranties premium or guarantees obtained from manufacturers surcharge for labor or installers for heating materials. (c) Business machines and air conditioning units mechanical equipment belonging to Tenant which cause vibration, noise, cold or facilities within heat that may be transmitted to the Leased Premises. TENANT agrees Building’s structure, or to any leased space therein, to such a degree as to be solely responsible for and thereafter objectionable to repair and Landlord or to maintain any other tenant or occupant at the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in forcePremises, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be placed and maintained by Tenant, at its sole expense, in settings of the same qualitycork, design rubber or spring-type vibration eliminators or other means sufficient to absorb and class as the original workprevent such vibration, noise, cold or heat.

Repairs. LANDLORD Except as otherwise provided in Article VII, except as resulting from Tenant’s negligence or misuse (or the negligence or misuse of Tenant’s employees, agents, contractors, licensees or invitees), except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, or any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and damage, Landlord shall maintain, at its expense, the structural integrity of the Building, including but not limited to the roof, exterior walls, and windows and skylights. Landlord shall, at Tenant’s expense apportioned pursuant to Section 4.2, also be required responsible for (i) all exterior maintenance, repairs and replacements necessary to keep any portion in good condition and working order all Common Areas of the Leased Premises in proper repair. Any work Park, and the trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the structural portions of Lot or elsewhere in the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPark, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, including but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs lighting and other mechanical installation fixtures and equipment serving such parking areas, driveways and walkways, and (ii) providing the services and performing the maintenance work set forth in Section 4.2 and Article VII hereof, and (iii) performing necessary repairs to maintain the watertight integrity of the roof, windows and skylights (exclusive of costs associated with replacing all or a portion of the roofing). Landlord shall also maintain, repair and replace, in a timely manner, the HVAC equipment in the Building, such that it shall be in good orderoperation condition throughout the Term and any contemplated extension herein provided, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary reasonable wear and tear excepted, and damage by fire or insured casualtyin connection therewith, Landlord shall warrant the useful life of any such equipment throughout the Term and shall perform all necessary repairs and replacements to maintain the watertight integrity of the Building, including but not limited to the roof, exterior wall, windows and skylights. When used Landlord shall, in this paragraphall instances regardless of the party responsible for payment, the term “repair” shall include make all of such repairs and replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon foregoing in good condition and working order and conditionin compliance with all laws and all costs and expenses therefor shall be chargeable to Tenant subject to, and pursuant to, the provisions of Section 4.2 (including electricity for the HVAC units), except that Landlord shall be responsible for the replacement of the roof, structure, and foundation of the Building , all at Landlord’s sole cost and expense (except if the same is necessitated due to Tenant’s negligence or misuse as aforesaid, or in Section 6.1.15 to the contrary). All other repairs and maintenance, except as expressly specifically otherwise provided above LANDLORD for herein, shall be the responsibility of Tenant on a proportional basis based on the Tenant’s Share in the Building. In the event that Tenant gives notice to Landlord of a condition which Tenant believes requires Landlord’s repairs or a condition which, if left uncorrected, will necessitate Landlord’s repair, then, in accordance with the terms of this Section 5.1.3, Landlord shall respond promptly to investigate such condition, and, if such repairs are Landlord’s obligation hereunder, Landlord shall commence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice as soon as reasonably possible of any condition known to Tenant which might require, or if left uncorrected will necessitate Landlord’s repair pursuant to this Section 5.1.3. Tenant shall have no obligation the right to repairrequire, maintainat reasonable times and with reasonable notice, alter or modify a representative of Landlord to inspect the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon for repairs which may be the commencement responsibility of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.Landlord;

Repairs. LANDLORD shall not be required 7.01. Tenant shall, at its sole cost and expense, make such repairs to keep any portion the Demised Premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the Leased Demised Premises in proper repaira manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition except to the extent the need for repairs is directly caused by Landlord's gross negligence or willful misconduct. Any work on Except as otherwise provided in this Lease, all damage or injury to the structural portions Demised Premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Leased Premises required Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class substantially equal to the original work or installations. If Tenant fails to make any repairs in and to the Building and the facilities and systems thereof for any reason will which Tenant is responsible within the applicable notice and cure periods, if any, same may be performed made by Landlord at the expense of TENANT. Structural portions Tenant and such expense shall be defined collectible as bearing wallsadditional rent and shall be paid by Tenant within ten (10) days after rendition of a bill therefor. Landlord may, beamsat its option, roofs before commencing any suxx xork or at any time thereafter, require Tenant to furnish to Landlord such security, in form and amount as Landlord reasonably shall deem necessary to assure the payment for such work by Tenant. The exterior walls of the Building, the portions of any window sills outside the windows and the outside portions windows are not part of the Leased Premises. TENANT will keep inside portions premisxx xxmised by this Lease and Landlord reserves all rights to such parts of the Leased Premises in good repair includingBuilding and, but not limited tounless same is the responsibility of Tenant pursuant to any provision of this Lease, all electricalLandlord shall maintain same, plumbingas well as base-building HVAC, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration structural elements of the termBuilding, in as good condition as when receivedBuilding systems and Building common areas, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except in all such cases to the extent same affect Tenant's use or enjoyment of the Demised Premises. 7.02. Tenant shall not place a load upon any floor of the Demised Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as expressly provided above LANDLORD to be objectionable to Landlord or to any other tenant in the Building shall have be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and Demised Premises. Landlord shall be under no obligation to repairendeavor to reduce such vibration, maintainnoise, alter heat or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement cold beyond what is customary in current good building practice for buildings of the term of same type as the Building. 7.04. Except as otherwise specifically provided in this Lease, LANDLORD will assign there shall be no allowance to TENANT 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 making of any original warranties repairs, alterations, additions or guarantees obtained from manufacturers improvements in or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions any portion of the Leased Building or the Demised Premises or in or to fixtures, appurtenances or on which TENANT has caused equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any work interference with Tenant's business operations, but shall not be required to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of perform the same quality, design and class as the original workon an overtime or premium pay basis.

Repairs. LANDLORD 12.1 Tenant shall not take good care of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition (except to the extent such repair is required due to Landlord's negligence or willful misconduct). All damage or injury to the Demised Premises, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or to the Building or to its fixtures, glass, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or resulting from fire, explosion, air-conditioning unit or system, short circuits, flow or leakage of water, steam, illuminating gas, sewer gas, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any other kind or nature whatsoever due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees, shall be required repaired, restored or replaced promptly by Tenant at its sole cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workmanlike manner. If Tenant fails to make such repairs, restorations or replacements, same may be made by Landlord at expense of Tenant and all sums so spent and expenses incurred by Landlord shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a xxxx or statement therefor. 12.2 Landlord shall, at its expense, make all repairs and replacements, structural and otherwise, necessary or desirable in order to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify repair the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement exterior of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating Building and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural public portions of the Leased Premises to or on Building the need for which TENANT has caused any work Landlord may have knowledge (including the public halls and stairways, plumbing, wiring and other Building equipment for the general supply of water, heat, air-conditioning, gas and electricity) except repairs hereinabove provided to be done or alteration mademade by Tenant. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing Tenant agrees to notify Landlord of the heating necessity of repairs of which Tenant may have knowledge, for which Landlord may be responsible under the provisions of the preceding sentence. Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and air conditioning equipment. All occupancy of the Demised Premises in making such repairs, and/or replacements made by TENANT shall be of the same qualitywithout, design and class as the original workhowever, being obligated to employ overtime labor or to incur any extraordinary expense in connection therewith.

Repairs. LANDLORD shall not be required to keep any portion A. Landlord will keep: (a) the roof, structure, columns, exterior walls and exterior windows, foundation, interior load-bearing walls and demising walls and floors, in sound, watertight condition and good state of repair; and (b) the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallselevators, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair all Building systems and facilities including, but not limited to, all the base building electrical, plumbingwater, heatinggas, sewer, life safety, mechanical and HVAC (including the Premises' air handling equipment, but excluding separate package air-conditioning (which shall include normal replace of heating and air conditioning filters at least once a year)systems specially installed by or for Tenant for Tenant's sole use, signs and other mechanical installation if any) supplied to the Premises in good orderoperating condition, maintenance and repair; and (c) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. The Landlord will also keep the public portions of the Building, toilets and Common Areas in clean, sightly, good operating condition and repair as well as any Building systems which penetrate into or pass through the Premises or upon which the Premises are dependent. Landlord agrees, at TENANT’S expense its expense, upon request of Tenant, to remedy any latent defects in Landlord's Work. All repairs, replacements and will surrender restorations made by Landlord shall be equal in quality and class to the Leased originals thereof and shall be completed in compliance with applicable law. The Landlord covenants that any repairs or replacements (as the case may be) required by the terms of this Lease to be made by Landlord shall be commenced and completed expeditiously. All repair obligations of Landlord hereunder with respect to the Project, other than structural repairs and except as expressly set forth in Exhibit "D" hereof, shall be deemed a component of Operating Costs. B. Tenant shall not suffer any damage, waste or deterioration to occur to the Premises at and shall maintain the expiration interior non-structural portions of the termPremises and the fixtures and appurtenances therein in good and sightly condition, and shall make all repairs necessary to keep them in as good working order and condition as (including structural repairs when receivedthose are necessitated by the negligence or willful misconduct of Tenant or its agents, excepting employees or invitees) ordinary wear and tear and damage Acts of God excepted, and subject to the provisions of Sections 17and 18 hereof. All repairs, replacements and restorations made by fire Tenant shall be equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. The Tenant covenants that any repairs or insured casualtyreplacements (as the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously. When used in this paragraphThe exterior walls of the Building, the term “repair” windows and the portions of all window xxxxx outside same are not part of the Premises and Landlord hereby reserves all rights to such parts of the Building (subject to the terms and provisions of this Lease). Landlord shall include replacements assign to Tenant all guaranties, warranties and renewals when necessary service agreements and any other items relating to any and all parts of the Premises for which Tenant bears any responsibility during the Term. C. Landlord agrees that it shall during the Term of this Lease; to maintain the Leased Building, the Common Areas and the Project in a safe, good and clean condition. Landlord shall be responsible for remedying or repairing any work performed by Landlord at the Premises or the Project to the extent such work was not constructed in accordance with all applicable governmental laws, codes and any improvements located thereon in good order ordinances. D. Landlord covenants and conditionagrees, except as expressly provided above LANDLORD shall have no obligation at its expense without reimbursement or contribution by Tenant, to repairkeep, maintain, alter and replace, if necessary, all Common Areas (including, without limitation, access to the Building and Premises) and structural components of the Building so as to maintain compliance of same with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. (the "Act"), as amended from time to time, and all rules and regulations promulgated to further the purpose of and to enforce the Act (the "ADA"). E. Landlord covenants and agrees, at its expense without reimbursement or modify contribution by Tenant, to keep, maintain, alter and replace, if necessary, the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning equipment (other than any package units installed by Tenant) so as to maintain compliance of same with regard to the use of chlorofluorocarbons ("CFCs") under all laws, rules, regulations and orders now or other mechanical installation therein. Upon hereafter in effect (the commencement "Laws") including, without limiting the generality of the term of this Leaseforegoing, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within all Laws issued under the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions authority of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, Clean Air Act Amendment of 1990 (the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work"Act").

Repairs. LANDLORD Section 1. Tenant throughout the term of this Lease, at its sole cost and expense, shall not be required to keep any portion take good care of the Leased Premises PREMISES and keep same in proper repair. Any work on good, tenantable order and condition, and shall promptly at Tenant's own cost and expense, make all necessary repairs thereto and replacements thereof, including the structural portions repair and replacement of (a) all windows and plate glass in the Leased Premises required for any reason will be performed at PREMISES, (b) all the expense of TENANT. Structural portions shall be defined as bearing wallsfloors whether finished or sub-floors, beamsand (c) the heating, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electricalair conditioning, plumbing, electrical, water, sewer, and other utility service systems serving the PREMISES, except repairs and replacements necessitated by damage by fire or other insured casualty or condemnation (which shall be governed by the provisions of Article 15 and 16 of this Lease) and further excepting therefrom those items Landlord is expressly obligated to repair as provided for herein by specific warranties of the Landlord in this Article 6. Tenant shall maintain all equipment which is part of the PREMISES in good and operable condition, except for ordinary wear and tear, and unavoidable casualties. Landlord hereby warrants that the HVAC System on the first and second floors of the Premises shall be in good working order at the commencement of the lease per the specifications contained within exhibit "A" and hereby warrants same for the first year of the lease including payment of all costs associated with necessary repairs and replacement of same. Landlord further warrants that it shall be responsible for any roof repairs aggregating more than $10,000.00 in any year of the lease for the first five years of this lease. Tenant shall notify Landlord of the contractors it is utilizing to perform the work and, if the costs of repairs will obligate Landlord to incur costs as provided for above in this subparagraph, Landlord shall have the option to hire contractors of its choice to perform the repairs. Section 2. All repairs required to be made by Tenant to the mechanical, electrical, heating, ventilating, air conditioning (which or other systems of the PREMISES shall include normal replace of heating be performed in a good and air conditioning filters workmanlike manner, shall be at least once equal in quality, utility and usefulness to the condition at the commencement of this Lease, shall be of a year)first-class, signs modern character and other mechanical installation shall not diminish the overall value of the PREMISES. All such repairs, replacements and renewals in connection with the PREMISES shall, immediately upon the expiration or earlier termination of the term hereof, be and become the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of the term hereof. Upon the expiration or earlier termination of the term hereof, Tenant shall surrender the PREMISES to Landlord in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the termrepair, in as good condition as when received, excepting except for ordinary wear and tear tear, and unavoidable casualties. Landlord shall not be responsible to Tenant or any other party whatsoever for any loss of or damage to property, or injury to persons occurring in or about the PREMISES by fire reason of any existing or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and future condition, defect, matter or thing in the PREMISES, except as expressly provided above LANDLORD shall have no obligation to repairthe extent occasioned by misconduct or negligence of Landlord, maintainits servants, alter agents or modify the Leased Premises or any part thereofemployees, or any plumbingmortgagee, heating, electrical, air conditioning and not covered by applicable policies of insurance required to be maintained by Tenant pursuant to this Lease. In the event that Tenant shall fail or other mechanical installation therein. Upon neglect to make any necessary repairs as and to the commencement extent required of the term of Tenant pursuant to this Lease, LANDLORD will assign then Landlord or its agents may, without any obligation so to TENANT any original warranties do, after thirty (30) days notice to Tenant and upon Tenant's failure to cure the same within said thirty (30) days, enter the PREMISES and make said repairs at the cost and expense of Tenant, and in case of Tenant's failure to pay therefor, the said cost and expense shall be added to the next month's rent together with interest at twelve percent (12%) per annum (or guarantees obtained from manufacturers or installers the maximum amount permitted by law, whichever shall be less), as Additional Rent and shall be due and payable as such. Section 3. Tenant shall be responsible for heating repairs and air conditioning units or facilities within maintenance for all exterior and interior areas of the Leased Premises, grounds and building maintenance, snow removal, trash removal and maintenance of one (1) entrance way sign at the entrance to the Premises. TENANT agrees With respect to the snow removal, Tenant acknowledges that it shall be solely responsible for and thereafter to repair and to maintain the structural portions removal of the Leased Premises snow from the intersection of Perimeter Road and its access-way to or on which TENANT has caused any work the Premises. Tenant shall also be permitted to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing receive a proportionate amount of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be costs of snow removal from the owners of the same quality, design adjoining hotel property to the extent that the removal is related to the portion of the access road utilized by the hotel and class as the original workits guests.

Repairs. LANDLORD Tenant shall, at its own expense, from and after the Commencement Date, repair, replace and maintain in good and tenantable condition the Premises and every part thereof (except that portion of the Premises to be maintained or replaced by Landlord as herein provided and items under warranty) and including without limitation, the utility meters, pipes and conduits contained in the Premises, all systems and all fixtures exclusively serving the Premises and other equipment therein, including any equipment or other items installed by Tenant which are part of said systems, the storefronts, all signs, locks and closing devices, and all window sash, casement or frames, door and door frames, floor coverings, and all such items of repair, maintenance, alteration and improvement as may at any time or from time to time be required by any governmental agency having jurisdiction thereof and that are the responsibility of Tenant under this Lease. Maintenance of all glass, both exterior and interior, is the sole responsibility of Tenant, and any glass broken shall be promptly replaced by Tenant. Tenant shall maintain the water, sewer and other utility connections from the point of entry into the Premises. In no event shall Tenant be responsible to repair any damage to the Premises caused by Landlord, its agents, contractors, employees or invitees. All such damage shall be promptly repaired by Landlord at its sole cost and expense. Tenant shall also repair any damage to any area of the Premises or the Building caused by Tenant's installation of Tenant's Improvements and shall be responsible for the maintenance, repair and replacement of any structural elements of the Building which are added to the Building as part of Tenant's Improvements or later alterations, and the repair and replacement of those elements shall not be required to keep any portion the responsibility of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of Landlord under this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, in good and sanitary order, condition and repair, normal wear and tear excepted. Tenant will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good order and repair normal wear and tear excepted and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the Premises. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease considering normal wear and tear and all repairs will be made by a licensed and bonded contractor approved by Landlord which shall not be unreasonably withheld or delayed. 13.02 Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. Landlord reserves the right to keep make any portion such repairs not made or maintained in good condition by Tenant normal wear and tear excepted and Tenant shall reimburse Landlord for all such costs upon demand. 13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as requested in writing, Tenant shall be in default of this Lease. 13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for the maintenance service of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason HVAC which will be performed furnished to the Landlord upon request. If Tenant fails to obtain and maintain such a maintenance service contract Landlord shall have the right to obtain such a maintenance service contract at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workTenant.

Repairs. LANDLORD (a) Landlord shall keep the Common Areas of the Building and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not be required constituting a portion of any tenant's premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment's normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, the Building or the Project. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in proper a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair. Any work on , by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited towithout limitation, all electricallavatory, plumbingshower, heatingtoilet, air conditioning (which shall include normal replace of wash basin and kitchen facilities, and supplemental heating and air conditioning filters at least once a year), signs and other mechanical installation systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration time of Landlord's delivery of the termPremises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, in as good condition as when receivedremodeling, excepting ordinary wear alteration and tear and damage painting required by fire or insured casualtyTenant during the Lease Term. When used in this paragraphTenant shall pay for the cost of any repairs to the Premises, the term “repair” shall include replacements and renewals when Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part the Project by Tenant. If Tenant fails to make such repairs or replacements within thirty (30) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. . (c) Upon the commencement of the term expiration or earlier termination of this Lease, LANDLORD will assign Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring from the Premises, shall repair all reasonable damage caused by such removal. In addition to TENANT all other rights Landlord may have, in the event Tenant does not so remove any original warranties such fixtures, furnishings or guarantees obtained from manufacturers or installers personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense, appropriate the same for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairsitself, and/or replacements made by TENANT shall be of sell the same quality, design and class as the original workin its discretion.

Repairs. LANDLORD Landlord shall not be required to keep any portion maintain the Common Areas and the exterior ------- walls, roof and foundation of the Leased Premises building(s) in proper repair. Any work on the structural portions Project and the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the building(s), the cost of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions which shall be defined included in the Base Rent. Except as bearing wallsset forth herein, beamsTenant shall, roofs at its expense, keep the Premises and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises every part thereof, in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair and, if required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises, all repairs and replacements otherwise the responsibility of Landlord. Tenant shall be responsible for repairing any and all damage to the Project caused by Tenant including, without limitation, the following: the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at TENANT’S expense its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and will surrender elsewhere in or adjacent to the Leased Premises at (except for exterior glass which, subject to reimbursement as provided in Section 3.2 and except as provided in the second sentence of this Section 11 shall be repaired by Landlord). Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the termTerm. Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Project with respect to the premises occupied by them, in which event the cost thereof shall be at Landlord's option either billed directly to and paid by Tenant as good condition additional rental or included in any additional rents charged. Except as when receivedaforesaid, excepting ordinary wear and tear and damage by fire in the event that, at the request of Tenant, Landlord performs any maintenance, repairs or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairsPremises which is the obligation of Tenant hereunder, and/or replacements made by TENANT then Tenant shall be of the same quality, design and class as the original workpay Landlord directly therefor.

Repairs. LANDLORD 10.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor coverings; (b) interior partitions; (c) doors (including, without limitation, overhead and roll up doors); (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for th e exclusive benefit of Tenant; (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving the Premises; and (g) except as set forth in Exhibit B, Tenant Improvements and Tenant Alterations. The standard for comparison of condition will be the condition of the Premises as of the original date of Landlord’s delivery of the Premises and failure to meet such standard shall create the need to repair, ordinary wear and tear excepted. If Tenant does not perform required maintenance or repairs after ten (10) days’ written notice from Landlord (or such lesser period given the emergency), Landlord shall have the right but not the obligation, without waiver of Default or of any other right or remedy, to keep perform such obligations of Tenant on Tenant’s behalf, and Tenant will reimburse Landlord for any costs incurred, together with an administrative charge in an amount equal to 7% of the cost of the repairs, i mmediately upon demand 10.02 Subject to the provisions of Section 1.04, Section 10.01, Article 15 (Damage or Destruction) and Article 19 (Condemnation), Landlord at all times during the Lease Term and subsequent renewal periods shall maintain and promptly and expeditiously undertake and manage all necessary or customary repairs to, and the maintenance of (a) the structural elements of the Building; (b) the mechanical, electrical, plumbing and fire/life safety systems serving the Building and the Premises in general (but not serving the Premises solely); (c) the Common Areas, including but not limited to the stairwells and the parking areas; (d) the roof of the Building; (e) the exterior windows and the atrium windows of the Building; and (f) the elevators serving the Building. Any damage caused by or repairs necessitated by any negligence or act of Tenant or any Tenant Entity may be repaired by Landlord at Landlord’s option and Tenant’s expense, subject to the provisions of Section 11.09. Landlord’s liability with respect to any defects, repairs, or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of repairs, alterations or improvements in or to any portion of the Leased Premises Premises, the Building or the Common Areas or to fixtures, appurtenances or equipment in proper repairthe Building or the Common Areas, except as provided in Section 8.02 and Article 15. Any work on Tenant expressly waives the structural portions benefit of any statute or other legal right now or hereafter in effect which would otherwise afford Tenant the Leased Premises required for right to make repairs at Landlord’s expense, whethe r by deduction of rent or otherwise, or to terminate this Lease because of Landlord’s failure to keep the Property, or any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation part thereof in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD (a) Tenant shall not be required take good care of the Premises and the fixtures and appurtenances therein including, without limitation the doors and entrances, floor coverings, interior walls, columns and partitions; together with all systems and equipment exclusively serving the Premises including without limitation, the lighting, plumbing and sewage facilities, sprinkler system and sprinkler heads and any utility facilities from the point of entry into the Premises and at its sole cost and expense make all repairs thereto as and when needed to keep preserve them in good working order and condition. All damage or injury to the Premises and to its fixtures, glass, appurtenances and equipment or to any other portion of the Leased Premises Land or Building, caused by Tenant moving property in proper repairor out of the Building or by installation or removal of furniture, fixtures or other property, or resulting from fire, explosion, short circuits, flow or leakage of water, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause or any other kind of nature, whatsoever, which is due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the reasonable satisfaction of Landlord. Any work on All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original installations and shall be done in a good and workmanlike manner. (b) Landlord shall, subject to Section 4(a), make all repairs and replacements, the need for which Landlord shall have knowledge, structural and otherwise, necessary in order to keep in good order and repair the roof, the foundation, structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsBuilding, beams, roofs exterior and the outside public portions of the Leased Premises. TENANT will keep inside portions of Building, including the Leased Premises in good repair including, but not limited to, all electricalpublic halls and stairways, plumbing, heatingwiring and other Building equipment for the general supply of water, heat, air conditioning (which shall include normal replace of heating conditioning, gas and air conditioning filters at least once a year)electricity and HVAC equipment servicing the Premises, signs and all other mechanical installation in good orderbase building systems and related equipment, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration including elevators. Xxxxxx agrees to notify Landlord of the term, in as good condition as when received, excepting ordinary wear necessity for any repairs of which Xxxxxx may have knowledge and tear and damage by fire or insured casualty. When used in this paragraph, for which Landlord may be responsible under the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement provisions of the term of this Lease, LANDLORD will assign to TENANT preceding sentence. (c) Tenant shall not place a load upon any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions floor of the Leased Premises which exceeds the load per square foot which such floor was designed to or on carry and which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made is allowed by TENANT shall be of the same quality, design and class as the original worklaw.

Repairs. LANDLORD Landlord shall maintain and repair the public portions of the Building, both exterior and interior to keep the same in first class condition. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant’s sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted and except that Tenant shall not be required to keep make any repairs to any building systems or areas outside the Premises unless the same are required due to damage thereto caused by the Tenant. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters 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 the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant’s subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the satisfaction of Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days written notice to proceed with due diligence to make repairs required to be made by Tenant hereunder or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. 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 repairs, alterations, additions or improvements in or to any portion of the Leased Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises in proper repairbe or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. Any work on the structural portions 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 sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Leased Premises required are temporarily closed, darkened or bricked-up for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair whatsoever including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereofLandlord’s own acts, or any plumbingof such windows are permanently closed, heatingdarkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property by Landlord or others, electrical, air conditioning or Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefore nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction provided such obstruction to the windows is not due to Landlord voluntarily allowing such obstruction for reasons other mechanical installation therein. Upon than the commencement safety of the term of this Lease, LANDLORD will assign Building or to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workcomply with Law.

Repairs. LANDLORD Landlord shall not be required make all necessary repairs and replacements to keep any portion of the building in which the Leased Premises in proper repair. Any work on are located, and to the structural portions of common areas, heating, air conditioning and electrical systems located therein, and Landlord shall also make all repairs to the Leased Premises which are structural ill nature or required for any reason will be performed at the expense due to fire, casualty, or other act of TENANT. Structural portions God; provided, however, that Tenant shall be defined obligated to make all repairs and replacements in its Leased Premises or to the building and/or the common area arising from its act, neglect or default. Except as bearing wallsprovided above, beams, roofs and the outside portions of the Leased Premises. TENANT will Tenant shall keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintainand Tenant shall, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement upon expiration of the term of this Lease, LANDLORD will assign yield and deliver up the Leased Premises in like condition as when taken, reasonable use and wear thereof and repairs required to TENANT be made by Landlord excepted. Tenant shall commit no act of waste. and shall conform to all governmental or departmental laws. orders or regulations. In the event the Landlord shall deem It necessary, or be required by any original warranties governmental authority to repair, alter, remove, reconstruct or guarantees obtained improve any part of the leased premise or of the building in which the Leased Premises are located (unless the same result from manufacturers Tenant's act, neglect, default or installers for heating mode of operation in which event Tenant shall make all such repairs, alterations and air conditioning units improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs. alterations or facilities within Improvements cause any Interference with Tenant's use of the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain , such interference shall not relieve Tenant from the structural portions performance of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workits obligations hereunder.

Repairs. LANDLORD 6.1. Subject to Section 13 below, Tenant shall not be required to keep any portion maintain the Premises, including the interior and exterior of the Leased Premises in proper repair. Any work building, windows, doors, sprinkler system, wiring, plumbing, pipes, conduits and other utilities which are easily accessible from the interior of the building on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beamslandscaping, roofs parking areas, walkways and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises driveways, in good repair includingand condition, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary reasonable wear and tear and damage by fire or insured casualtycasualty excepted, and will so deliver the Premises to Landlord at the termination of this Lease. When used in this paragraphTenant shall be responsible for normal maintenance, repair and servicing of the roof and heating, ventilating, and air conditioning system (the "HVAC") and, subject to potential, partial reimbursement as described below, the term “repair” shall include replacements replacement thereof (and renewals when necessary to maintain of major components thereof). In the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter event Tenant replaces the roof or modify the Leased Premises HVAC (or any part major components thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of ) during the term of this Lease, LANDLORD will assign to TENANT any original warranties then at the expiration or guarantees obtained from manufacturers or installers earlier termination of the Term, Landlord shall reimburse Tenant, in cash, for heating and air conditioning units or facilities within the Leased Premisesthen remaining unamortized portion of the cost of such replacement. TENANT agrees to be solely responsible for and thereafter Tenant shall have no obligation to repair any damage or defects caused by any intentional act or negligence of Landlord, its agents or contractors or which may be caused by or result from any repairs, alterations, replacements or other improvements or installations made by Landlord, its agents or contractors. Any such repairs effected by Tenant shall be reimbursed by Landlord within fifteen (15) days following billing from Tenant. 6.2. Tenant agrees that it will make all repairs and all alterations required by any laws, ordinances or regulations of any public authorities to bring the Premises into conformity with all governmental codes. Landlord shall, at its sole cost and expense, maintain and repair the foundation, floor slab, and other structural portions of the Leased Premises to Premises. Landlord shall repair any damage or on which TENANT has defects caused by the intentional act or negligence of Landlord, its agents or contractors, or by any previous Landlord work to be done or alteration madeimproperly. TENANT will obtain from reliable companies and keep in force, the typical service contracts Tenant shall give Landlord notice of such companies providing for repairs as may be required under the inspection terms of this Section, and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT Landlord shall be of complete the same quality, design and class as the original workwith reasonable diligence.

Repairs. LANDLORD shall not be required to keep any portion of (a) By entry hereunder, Tenant accepts the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation being in good order, condition and repair at TENANT’S expense repair. Tenant shall, when and will surrender if needed or whenever reasonably requested by Landlord to do so, maintain and make repairs to the Leased Premises at and every part thereof, to keep, maintain and preserve the expiration of the term, Premises in as good condition as when receivedfirst class condition, excepting ordinary wear and tear. Tenant shall upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord in the same condition received, ordinary wear and tear and damage by fire or insured casualtyexcepted. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD Landlord shall have no obligation to alter, remodel, improve, repair, maintain, alter decorate or modify paint the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon thereof and the commencement parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the term of this LeasePremises except as specifically herein set forth. (b) Anything contained in the Subsection above to the contrary notwithstanding, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to Landlord shall repair and to maintain the structural portions of the Leased Building, including the roof, exterior walls, foundation, exterior light bulbs and globes, exterior landscaping and heating, ventilating, air-conditioning systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or the omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall maintain and repair at its sole cost and expense, all Premises facilities, installed by Tenant or on behalf of Tenant or existing in the Premises at the time of the delivery of possession of the Premises to or on which TENANT has caused any work to be done or alteration madeTenant by Landlord. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing The provisions of the heating preceding sentence of this Subsection shall not apply to the HVAC systems provided by Landlord to Tenant, which maintenance and air conditioning equipment. All repairs, and/or replacements made by TENANT repair shall be the responsibility of the same quality, design and class as the original workLandlord.

Repairs. LANDLORD (a) Tenant shall take good care of the Demised Premises and the fixtures, appurtenances and equipment therein (collectively, "Fixtures"), and any supplemental HVAC system installed by Tenant, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. All damage or injury to the Demised Premises and to its Fixtures which is caused by or results from (i) moving Tenant's property in or out of the Building, or (ii) the installation or removal of Tenant's furniture, Fixtures or other property, or (iii) the carelessness, omission, neglect, negligence, or improper conduct of Tenant or its employees, contractors, agents, licensees or invitees, shall be repaired, restored or replaced promptly by Tenant at its expense to the reasonable satisfaction of Landlord. Such repair, restoration and replacement shall be in quality and class equal to the original work or installation. If Tenant fails to promptly make any such repair, restoration or replacement, then the repair, restoration and replacement may be made by Landlord at the expense of Tenant (and Landlord shall provide appropriate back up therefor). (b) Neither the exterior walls of the Building nor the windows and the exterior areas created by the Building set backs are part of the Demised Premises and Landlord reserves all rights to those walls, windows and setbacks, including the right to enter and temporarily store window washing and other supplies and equipment on the setback areas. 11.2 Landlord, as part of Expenses to the extent provided for in Section 3.1 (d) hereof, will perform all necessary repairs, replacements and maintenance of (i) the Building systems and Building structural components, including the foundation, floor slabs, roof, walls and utility lines outside of the stub locations within the Demised Premises, (ii) all utility lines, pipes, ducts, conduits and the like in the Building which run through the Demised Premises and service all parts of the Building other than the Demised Premises and all work required to keep the Demised Premises watertight (for example, the roof, gutters and downspouts), and (iii) all parking areas at the Building. Landlord will, in general, operate and maintain the Building as a first class building in Fairfield County. Landlord will commence repairs within a reasonable period of time after it is notified of the necessity of such repairs and shall diligently prosecute such repairs to completion. Notwithstanding the above, Landlord shall not be obligated to pay, as part of Expenses, and Tenant shall pay to Landlord the entire cost of all maintenance, service and repairs performed by Landlord with respect to the Building systems that are required to keep repair damage or injury due to the carelessness, omission, neglect, negligence or improper conduct of Tenant, its employees, contractors, agents, licensees or invitees. 11.3 There shall be no allowance to Tenant for diminution of rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance, interruption or injury to business arising from the making or failing to make by Landlord of any repairs, alterations, additions or improvements in or to any portion of the Leased Building or the Demised Premises or in or to fixtures, appurtenances or equipment thereof, provided that in making any repairs, replacement and maintenance, Landlord shall exercise all reasonable efforts to minimize inconvenience to Tenant in connection therewith and no action taken by Landlord under this provision shall permanently impede access to, reduce the size or otherwise diminish the utility of the Demised Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsmaterial respect, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and including any improvements located thereon in good order and condition, except as expressly services provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workthereto.

Repairs. LANDLORD Landlord shall, at Landlord's sole cost and expense (but which may be included in Operating Expenses to the extent permitted hereunder), keep and maintain in good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all structural components and elements of the Project, lobbies, stairs, elevators (including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all facilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air conditioning, life safety and elevators) required to be provided by Landlord pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord or its contractors only, and, subject to Section 6.7, in the case of any damage to such components or systems caused by Tenant or Tenant's agents, employees, construction contractors, or cleaning contractors, shall be paid for by Tenant in an amount equal to Landlord's costs plus seven percent (7%) for overhead, which shall be payable within thirty (30) days after demand. Notwithstanding anything to the contrary contained in this Section 5.2.1, Landlord shall not be required to keep make any portion improvements to or repairs of any kind or character to the leasehold improvements within the Leased Premises in proper repair. Any work on during the structural portions Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the extent they have been damaged as a result of the Leased Premises required negligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for any reason will normal maintenance; provided, however, non-Building standard leasehold improvements shall, at Tenant's written request, be performed maintained, repaired or replaced by Landlord at the expense of TENANT. Structural portions Tenant's expense, at a cost equal to Landlord's costs plus seven percent (7%) overhead, which shall be defined payable within thirty (30) days after demand. Landlord shall, as bearing wallsa part of Operating Expenses, beams, roofs and replace the outside portions of flooring in the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender elevators serving the Leased Premises at least every three (3) years during the expiration of the termTerm, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees such replacement flooring to be solely responsible for of a quality in keeping with a first-class office building located in the Greenway Plaza and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep Galleria areas in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workHouston.

Repairs. LANDLORD 9.1. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant (except for fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated by this provision) or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and for which Landlord has not been or will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 9.2. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord certifies that the floor of the demised premises will carry fifty (50) pounds live load per square foot of floor space and twenty (20) pounds for partitions per square foot of floor space. If Tenant shall desire a floor load in excess of that set forth above, Landlord agrees (provided Landlord's architects, in their reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 9.3. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators and air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for first class office buildings on Park Avenue between 46th and 57th Streets in the Borough of Manhattan or required by law. 9.4. Except as otherwise provided in this Lease, there shall be no allowance to keep 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 making of any repairs, alterations, additions or improvements in or to any portion of the Leased Premises Building or the demised premises or in proper repairor to fixtures, appurtenances or equipment thereof. Any work on Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations. 9.5. Landlord shall (i) keep the structural portions steps, entrance walks, sidewalks and curbs adjoining the Building reasonably free of ice, snow, refuse, rubbish and unlawful obstruction, (ii) keep and maintain the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsBuilding and its fixtures, beamsappurtenances, roofs systems and the outside portions of facilities, serving and/or in the Leased Premises. TENANT will keep inside portions of the Leased Premises demised premises, in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good working order, condition and repair at TENANT’S expense repair, (iii) promptly make all repairs and will surrender the Leased Premises at the expiration of the termreplacements, in as good condition as when receivedstructural or otherwise, excepting ordinary wear and tear and damage by fire necessary or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary desirable to maintain the Leased Premises and any improvements located thereon keep in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify repair the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement interior and exterior of the term Building, and (iv) if any of Tenant's property shall be damaged in any way as a result of the negligence of (including the improper installation of any of Tenant's property by) Landlord, its employees or agents, repair the property so damaged to good condition; except, as to clauses (ii) and (iii), those repairs which Tenant is expressly obligated to make pursuant to other provisions of this Lease. 9.6. Whenever Landlord shall make any repairs, LANDLORD will assign to TENANT any original warranties alterations, additions or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT improvements, it agrees to use reasonable efforts to the extent practicable to do such work in such a manner as not materially to interfere with Tenant's use and enjoyment of the demised premises. Landlord shall use its best efforts to complete such repairs in a timely manner and if such repairs materially interfere with Tenant's business operations in the demised premises Landlord shall use overtime labor to make such repairs provided the repairs are not necessitated or hindered by the acts or omissions of Tenant. Tenant shall cooperate with Landlord by transferring, wherever practicable, activities from the area where repairs are to be solely responsible for and thereafter made to repair and to maintain the structural other portions of the Leased Premises demised premises so as to or on which TENANT has caused any work permit the repairs to be done or alteration mademade as expeditiously as practicable. TENANT Tenant recognizes that emergency repairs may be required and in such instances Tenant will obtain from reliable companies permit Landlord all reasonable and keep in force, necessary access to the typical service contracts of demised premises to make such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Repairs. LANDLORD Tenant shall not be required to at all times keep any portion the leased premises, all of Tenant's leasehold improvements, including maintenance of walls and entrances, all glass and window moldings and all partitions, floors, fixtures, equipment and appurtenances thereof (including lighting, light bulbs and ballasts), heating and plumbing fixtures, heating and air conditioning systems which are located in or about the leased premises in good order, condition, replacement and repair. Structural portions of the Leased Premises in proper repairbuilding shall be the responsibility of Landlord. Any work on For purposes of this Article, structural portions of the building shall include the outer walls, roof, foundation and supporting members (bearing walls) of the building structure of which the leased premises constitute a part. Landlord represents and warrants that, as of the date of mutual execution of this Lease, to the best of Landlord's knowledge the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs building are sound and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, that existing plumbing, heating, air conditioning (which electrical and mechanical systems in the building are in working condition. Landlord shall include normal replace of heating use commercially reasonable efforts to minimize disturbance to Tenant's business operations in performing any structural repairs to the building, and all such repairs shall be made by Landlord in a good, workmanlike manner. Tenant shall secure maintenance contracts or other similar contracts for all heating, venting and air conditioning filters at least once systems constituting a yearpart of the leased premises in order to assure Tenant's performance of such obligations pursuant to this Lease. In the alternative, Tenant may utilize qualified in-house personnel to effectuate any necessary repairs and/or maintenance of the aforesaid. If Tenant refuses or neglects to reasonably maintain, replace or repair the leased premises as required hereunder as soon as reasonably possible after written demand, Landlord may , after prior written notice to Tenant (except in the case of an emergency), signs make such repairs or replacements or provide for such maintenance without liability to Tenant, for any loss or damage that may accrue to Tenant's merchandise, trade fixtures, fixtures, leasehold improvements or other property or to Tenant's business. The cost to Tenant shall be Landlord's cost plus 10% for overhead and other mechanical installation in good ordersaid cost shall be payable as additional rent, condition upon presentation of a bill from Landlord. Landlord represents and repair at TENANT’S expense and will surrender the Leased Premises at the expiration warrants that, to xxx best of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraphits knowledge, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and conditionexisting mechanical, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heatingsprinkler, electrical, air conditioning or other mechanical installation therein. Upon the commencement plumbing and fire safety systems of the term building are in proper working order as of the date of mutual execution of this LeaseLease by Landlord and Tenant and that the leased premises complies with the American with Disabilities Act and all applicable Environmental Laws. Tenant has inspected the leased premises and is thoroughly acquainted with its condition and agrees (subject to Landlord's representation and warranty set forth in the prior sentence) to take Tenant leasehold the same in an "AS-IS" condition and Tenant shall be responsible and complete any improvements at Tenant's cost and expense. Any contractors used by Tenant must be reasonably approved in advance by Landlord in writing. Landlord hereby approves McGough Construction as general contractor for Tenant's improvements; xxxxxded, LANDLORD will assign that Landlord hereby reserves the right to TENANT any original warranties approve the planned improvements to the leased premises proposed by Tenant. Except as expressly set forth in this Article 6, Landlord has made no representation or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within promises with respect to the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions physical condition of the Leased Premises leased premises or any other matter relating thereto and Tenant acknowledges that it has not relied upon statements of Landlord as to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing condition of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class leased premises except as the original workset forth above.

Repairs. LANDLORD 9.1 Tenant shall not be required to keep any portion of the Leased Premises in proper repair. Any work on (including the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating life safety, ventilation and air conditioning filters at least once a yearsystems, the roof membrane, the elevator cabs and equipment (including shafts), signs the Leasehold Improvements, the Premises Improvements and any Alterations whether or not installed by or for Tenant) that are not the obligation of Landlord to maintain hereunder in good order and in a safe, neat and clean condition, subject to reasonable wear and tear and the terms of Articles 15 and 16 below. Notwithstanding the foregoing, Landlord agrees, if requested by Tenant, to assign to Tenant (without recourse or, if not assignable, to make good faith diligent efforts to enforce on Tenant’s behalf, provided Landlord shall not be required to incur out of pocket costs) any warranties and other mechanical installation rights Landlord may have against any third party related to elements of the Premises that Tenant is required to maintain hereunder while reserving to itself the right to enforce such warranties and rights following the termination of this Lease and with respect to those elements that Landlord is required to maintain hereunder. Tenant hereby indemnifies and holds Landlord harmless from any cost, damage or loss due to Tenant’s acts or omissions with respect to such warranties and rights. Notwithstanding anything to the contrary contained herein, in the event that any of the roof membrane, window seals and glass systems, core building heating, ventilation and air conditioning system, supplemental heating, ventilation and air conditioning systems existing as of the Effective Date, the elevator systems, core building electrical service system, or core building plumbing system servicing the Premises or the Project (collectively, the “Core Building Systems”) require replacement, rather than repair and maintenance (other than as a result of improper maintenance, misuse or abuse by Tenant), upon Tenant’s request therefor, Landlord shall replace such Core Building System and the cost of such replacement shall be an Operating Cost, subject to the terms set forth in the definition of Operating Costs with respect to such Core Building Systems. All maintenance and repairs made by Tenant shall be performed in a good orderand workmanlike manner and in accordance with the alteration provisions of Article 10. In addition, condition except as provided in Sections 9.2, 9.3 and repair at TENANT’S 9.4, Tenant shall, at, its expense and will surrender pursuant to the Leased terms and conditions of this Lease, promptly and adequately repair all damage to the Premises at the expiration and replace or repair all damaged, broken, or worn elements of the termPremises that are not Landlord’s obligation to maintain pursuant to Sections 9.2, in as good condition as when received9.3 and 9.4 below, excepting ordinary wear and tear and damage by fire or insured casualtysubject to the terms of Articles 15 and 16 below. When used in this paragraphNotwithstanding anything to the contrary contained herein, the term “repair” shall include replacements and renewals when necessary at Landlord’s option, if Tenant fails to commence to maintain the Leased Premises or make repairs and replacements as required under this Section 9.1 within thirty (30) days following written notice to Tenant from Landlord (except in the case of an emergency, when no such notice shall be required) and thereafter diligently and continuously complete such maintenance, repairs or replacements, Landlord may deliver a second notice to Tenant, which notice shall be captioned in all capital letters “FAILURE TO RESPOND MAY RESULT IN LANDLORD COMMENCING REPAIRS”. If Tenant fails to commence such repairs within five (5) Business Days following such a second notice, Landlord may, but need not, perform such maintenance or make such repairs and replacements, and Tenant shall pay Landlord the cost Landlord incurred in connection therewith, within thirty (30) days after Landlord’s written demand. 9.2 Subject to the provisions of Article 15 and Article 16, Landlord shall maintain, repair and replace, at its sole cost and expense, and not as an Operating Cost, the structural elements of the Project consisting of the foundations, roof structures, column beams, load bearing and exterior walls and structural elements of the Building and the foundations, column beams, load bearing walls and structural elements of the Underground Parking Areas and any future multi-floor parking structure on the Project. Except as set forth in the immediately preceding sentence and subject to the limitations set forth in the definitions concerning capital improvements located thereon and structural elements, in addition to Landlord’s obligations with respect to Core Building Systems as set forth in Section 9.1 above, Landlord shall maintain and repair the Common Areas of the Project, the cost of which shall be reimbursed as an Operating Cost. 9.3 Landlord agrees to deliver the Premises to Tenant on the Commencement Date in a “broom clean” condition with Landlord’s Work Substantially Completed (and all materials and debris resulting from Landlord’s Work removed from the Premises), with the Core Building Systems in good working order and conditionrepair and with the Premises watertight (the “Delivery Condition”). Tenant shall inform Landlord in writing of all failures of the Delivery Condition discovered by Tenant promptly following discovery thereof. Any claim based on a failure of a Delivery Condition must be asserted in a written notice by Tenant to Landlord given before the one hundred eightieth (180th) day following the Commencement Date hereof (the “Warranty Date”), except and, if not asserted in writing before the Warranty Date, from and after the Warranty Date such claim shall be void and of no force or effect. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord’s sole liability with respect to any failure of a Delivery Condition shall be (i) to cause the Premises to be placed in the Delivery Condition, or (ii) for the cost thereof pursuant to the next proceeding sentence. If Landlord fails to commence correcting any failure of a Delivery Condition within thirty (30) days after receipt of notice from Tenant given on or before the Warranty Date, Tenant shall have the right, but not the obligation, to perform such work and charge Landlord the reasonable cost therefore, which Landlord shall pay within thirty (30) days of receipt of the invoice. Except as expressly provided above LANDLORD set forth herein, Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 9.4 Landlord represents and warrants to Tenant that if based upon current interpretations of Requirements as of the Commencement Date, the Premises (exclusive of furniture and equipment) fail to comply with Requirements, including, without limitation, the Americans with Disabilities Act (the “ADA”), Landlord will be solely responsible, at its cost, and not as an Operating Cost, to correct such violation of the Requirements. Notwithstanding the foregoing, Tenant shall have be responsible for the cost of compliance with Requirements triggered by Tenant’s particular use of the Premises, Tenant’s construction or alteration thereof, Tenant’s breach of this Lease or future interpretations of or changes to Requirements to the extent that such compliance would not otherwise be Landlord’s obligation under the terms of Sections 9.2 or 9.3 above; provided, in no event shall Tenant be responsible for any alterations to the Premises that are Landlord’s obligation to repairperform under the terms of Section 9.2 above. Tenant shall inform Landlord in writing of all breaches of Requirements that are Landlord’s obligation to correct that are discovered by Tenant promptly following discovery thereof. Notwithstanding anything to the contrary contained herein, maintain, alter or modify the Leased Premises or Tenant acknowledges and agrees that Landlord shall not be liable for any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement damages incurred by Tenant due to a failure of the term Premises to comply with Requirements as the Requirements are interpreted as of the date of this Lease. 9.5 Landlord shall, LANDLORD will assign to TENANT any original warranties at Landlord’s sole cost and expense, perform, or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees cause to be solely responsible for performed, the work (“Landlord’s Work”) as provided in the plans to be prepared by Landlord and thereafter submitted to repair and to maintain approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. The parties hereto agree that the structural portions basic scope of the Leased Premises Landlord’s Work is as set forth on Exhibit H, and that both parties agree to such scope of work. Landlord’s plans and all design and construction of Landlord’s Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards. Tenant shall review and approve each set of plans for Landlord’s Work (which may be presented separately for each element) within three (3) days of Landlord’s submission thereof. If Tenant does not respond to said plans within such three (3) day period, Tenant’s approval shall be deemed given. If Landlord is required to resubmit any plans as the result of Tenant’s review, Tenant shall indicate its acceptance or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing rejection of the heating and air conditioning equipmentrevised plans within two (2) days following receipt by Tenant. All repairsIf Tenant does not respond to the revised plans within such two (2) day period, and/or replacements made by TENANT Tenant’s approval shall be of the same quality, design and class as the original workdeemed given to said revised plans.

Repairs. LANDLORD Tenant agrees that except as otherwise provided in this Article, it will perform all necessary nonstructural interior repairs to the Premises, including repair or replacement of damaged or broken doors and windows and routine maintenance of the heating, ventilating, air-conditioning systems ("HVAC"), plumbing, gas, electrical and similar systems which are located in and service exclusively the Premises. Tenant shall service and maintain the HVAC by retaining a qualified contractor under a service agreement with a minimum of four (4) inspection and maintenance visits per year. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not be required to make any repairs which are the responsibility of Landlord pursuant to this Article or elsewhere under this Lease. Subject to the provisions and authority afforded Landlord under Article 27 herein, Landlord, at its sole cost and expense, shall make all structural repairs to the Premises, whether interior or exterior, keep any portion the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Leased Premises in proper repairincluding without limitation the roof, roof membranes, walls (including the removal of efflorescence, if any), foundations, gutters, parking and drive areas, fire sprinkler system, utility lines from the point of connection to the Premises to the main line, and downspouts. Any work on the structural portions Landlord shall make all necessary replacements of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electricalobsolete or unrepairable HVAC, plumbing, heatinggas, air conditioning electrical and other similar systems (and components thereof) which service all or any part of the Premises, and shall include make any repairs to the Premises necessitated by any neglect, fault or default of Landlord, its agents, employees or contractors. Further, Landlord shall indemnify, defend and hold Tenant harmless from all actual loss, damage, costs, expenses or claims (exclusive of consequential, special or punitive damages, including, without limitation, lost profits) arising or resulting from Landlord's failure to fulfill its repair obligations under this Lease. in performing its obligations under this Article or elsewhere under this Lease, Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant's normal replace of heating business operations. If Landlord fails to undertake and air conditioning filters at least once complete to Tenant's reasonable satisfaction the 11 repairs required under this Article or elsewhere under this Lease within thirty (30) days after written notice from Tenant (provided, however, that Landlord shall not be deemed in default if such repair cannot be completed within such thirty (30) day period and Landlord commences curing such default within such thirty (30) day period and thereafter diligently pursues such cure to completion within a yearreasonable time not to exceed sixty (60) days), signs then upon five (5) days' prior written notice, Tenant shall have the right to make such repairs on behalf of Landlord and to deduct the cost thereof, plus ten percent (10%) of such cost to cover its overhead and administrative costs, from the Rent otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Landlord agrees that in the event of an emergency which necessitates immediate maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired or replaced by Landlord, and Tenant is unable to contact Landlord and advise it of such emergency condition Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Landlord agrees to reimburse Tenant for the cost of such repairs, within thirty (30) days of written demand. If Landlord does not so reimburse Tenant, then Tenant may deduct such amount from the Rent otherwise payable hereunder. If at any time during the Lease Term any governmental agency or other mechanical installation authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to Tenant's particular use of or operations within the Premises, all such modifications or repairs shall be at Tenant's sole cost and expense. If during the Lease Term any governmental agency or other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to buildings or structures similar to the one occupied by Tenant, or apply generally to retail businesses or operations (as compared with Tenant's particular business operation), then all such modifications or repairs shall be at Landlord's sole cost and expense. If Landlord does not make such modifications or repairs, then Tenant may make such modifications or repairs upon five (5) days' written prior written notice and deduct the amount expended therefor, plus ten percent (10%) of such amount for its overhead and administrative costs, from the Rent otherwise payable hereunder, Notwithstanding anything in good orderthis Lease to the contrary, condition in the event of any failure of Landlord to comply with the provisions of this Article or elsewhere in this Lease, and repair at TENANT’S expense such failure materially and will surrender substantially interferes with Tenant's ability to conduct its regular and customary business in the Leased Premises at or materially and substantially impedes or materially and substantially impairs ingress to or egress from the Premises or the visibility of Tenant's storefront or blue wedge or use of the Common Areas for more than forty-eight (48) hours, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to Landlord unless, prior to the expiration of such period, Landlord has cured such default and/or Tenant shall have the term, right to proportionately abate Rent undxx xxis Lease during such period of impairment in as good condition as when received, excepting ordinary wear and tear and damage by fire the amount which is greater of (i) the corresponding time during which Tenant is deprived due to Landlord's failure to comply with the provisions of this Article or insured casualty. When used those elsewhere in this paragraphLease or (ii) an amount equal to the decrease in sales, if any, during such period of impairment over sales for the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement equivalent period of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workprior year.

Repairs. LANDLORD Landlord shall, at Landlord's sole cost and expense (but which may be included in Operating Expenses to the extent permitted hereunder), keep and maintain in good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all structural components and elements of the Project, lobbies, stairs, elevators (including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all facilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air-conditioning, life safety and elevators) required to be provided by Landlord, pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord or its contractors only, and, subject to Section 6.7, in the case of any damage to such components or systems caused by Tenant or Tenant's agents, employees, construction contractors, or cleaning contractors, shall be paid for by Tenant in an amount equal to Landlord's costs plus seven percent (7%) for overhead, which shall be payable within thirty (30) days after demand. Notwithstanding anything to the contrary contained in this Section 5.2.1, Landlord shall not be required to keep make any portion improvements to or repairs of any kind or character to the leasehold improvements within the Leased Premises in proper repair. Any work on during the structural portions Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the extent they have been damaged as a result of the Leased Premises required negligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for any reason will normal maintenance; provide however, non-Building standard leasehold improvements shall, at Tenant's written request, be performed maintained, repaired or replaced, by Landlord at the expense of TENANT. Structural portions Tenants expense, at a cost equal to Landlord's costs plus seven percent (7%) overhead, which shall be defined payable within thirty (30) days after demand. Landlord shall, as bearing wallsa part of Operating Expenses, beams, roofs and replace the outside portions of flooring in the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender elevators serving the Leased Premises at least every three (3) years during the expiration of the termTerm, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees such replacement flooring to be solely responsible for of a quality in keeping with a first-class office building located in the Greenway Plaza and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep Galleria areas in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original workHouston.

Repairs. LANDLORD (a) Landlord shall keep the Common Areas of the Building and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not be required constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, the Building or the Project. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in proper a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair. Any work on , by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be defined as bearing wallsPremises, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited towithout limitation, all electricallavatory, plumbingshower, heatingtoilet, air conditioning (which shall include normal replace of wash basin and kitchen facilities, and supplemental heating and air conditioning filters at least once a year), signs and other mechanical installation systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration time of Landlord’s delivery of the termPremises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, in as good condition as when receivedremodeling, excepting ordinary wear alteration and tear and damage painting required by fire or insured casualtyTenant during the Lease Term. When used in this paragraphTenant shall pay for the cost of any repairs to the Premises, the term “repair” shall include replacements and renewals when Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. . (c) Upon the commencement of the term expiration or earlier termination of this Lease, LANDLORD will assign Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Prior to TENANT any original warranties the expiration or guarantees obtained earlier termination of this Lease, Tenant shall remove from manufacturers or installers for heating the Premises (i) all trade fixtures, furnishings and air conditioning units or facilities within other personal property of Tenant, except as otherwise set forth in Paragraph 4(b) of this Lease, and (ii) all computer and phone cabling and wiring from the Leased Premises. TENANT agrees to be solely responsible for , and thereafter to Tenant shall repair all damage caused by such removal, and to maintain shall restore the structural portions of the Leased Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or on personal property, Tenant shall be deemed to have abandoned the same, in which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in forcecase Landlord may store the same at Tenant’s expense, appropriate the typical service contracts of such companies providing same for the inspection and servicing of the heating and air conditioning equipment. All repairsitself, and/or replacements made by TENANT shall be of sell the same quality, design and class as the original workin its discretion.

Repairs. LANDLORD (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to keep make any portion repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability, the necessity for which (i) Landlord is notified in writing by Tenant, and (ii) is not brought about by any act or neglect of Tenant, its agents, employees or contractors, licensees, or invitees. (b) Tenant covenants and agrees that it will take good care of the Leased Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in proper good condition and repair, except for normal wear and tear. Any work on the structural portions Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the Leased provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. Landlord shall not be liable to Tenant for damage to person or property caused by any latent defects in the Building or the Demised Premises, defects in the cooling, heating, electric, water, elevator or other apparatus or systems or by water discharged from sprinkler systems, if any, in the Building or the Demised Premises, nor for the theft, mysterious disappearance, or loss of any property of Tenant or Tenant's agents, employees, contractors, licensees, or invitees, whether from the Demised Premises required for or any reason will be performed part of the Building. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of TENANTLandlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have Landlord has no obligation and has made no promise to alter, remodel, improve, repair, maintain, alter decorate or modify paint the Leased Demised Premises or any part thereof, except as specifically and expressly herein set forth. (c) Tenant shall at its own cost and expense keep and maintain the Demised Premises and all parts thereof in good repair and tenantable condition and indemnify Landlord against any loss, damage, or expense arising by reason of any plumbingfailure of Tenant so to keep the Demised Premises in good repair and tenantable condition or due to any act or neglect of Tenant, heatingits agents, electricalemployees, air conditioning contractors, invitees, or licensees. If Tenant fails to perform, or cause to be performed, such maintenance and repairs, then at the option of Landlord, in its sole discretion, any such maintenance or repair may be performed or caused to be performed by Landlord and the cost and expense thereof shall be charged to Tenant, and Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Tenant shall not install X-ray machines or other mechanical installation thereinequipment which emits radiation in the Demised Premises without Landlord's approval, which approval shall not be unreasonably withheld. Upon Landlord's withholding of consent shall not be unreasonable if, by way of illustration and not limitation, adequate protection for the commencement safety of people is not installed in connection with such equipment. Tenant hereby accepts the risks of and all responsibility for any injury or damage which may result from the operation or failure of operation of any such X-ray equipment or other equipment which emits radiation. All equipment owned or operated by Tenant must be installed and protected in a manner satisfactory to Landlord and in compliance with all governmental regulations. Tenant will be obligated to obtain and maintain at its expense any permits, licenses or approvals required in connection with its use of the term Demised Premises or in connection with any equipment of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within Tenant in the Leased Demised Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT and clearing of stoppages from plumbing fixtures within the Demised Premises, as well as repair or replacement of special or non-standard electrical fixtures, lights and light bulbs within the Demised Premises (other than standard 2x4 lights), and the furnishing of toilet paper and paper towels to toilets and sinks located within the Demised Premises shall be at Tenant's expense. (d) Tenant agrees to conform to Landlord's signage program for the Building; however, all costs and expenses for any sign, sign installation, removal and repair shall be paid by Tenant. Tenant shall obtain the written approval of Landlord prior to placing and maintaining, or causing or permitting to be placed and maintained, any sign, advertising matter or other thing of any kind, on the exterior of the same qualityDemised Premises, design and class as or any decorating, lettering or advertising matter on any exterior door to the original workDemised Premises. Tenant shall not affix or attach anything to windows in the Demised Premises.

Repairs. LANDLORD 13.01 Tenant shall, at its sole expense, keep and maintain the Project and every part thereof (except such items as Landlord agrees to repair as provided in Section 13.05 below), including interior and exterior windows, skylights, doors, plate glass, any store fronts, the roof, parking area, landscaping, building exterior, and the interior of the Premises, in good and sanitary order, condition and repair. Tenant will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good order and repair and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the Premises. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord. 13.02 Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Lease Term, any alteration, addition or change to the Premises is required by legal authorities, subject to the provisions of Section 7.02 above, Tenant, at its sole expense, shall promptly make the same. Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand. 13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as provided in writing, Tenant shall be in default of this Lease. 13.04 Tenant shall, at its own expense, within thirty (30) days of the Lease Commencement Date, contract with a vendor acceptable to Landlord for the maintenance service of the HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such a maintenance service contract Landlord shall have the right to obtain such a maintenance service contract at the expense of Tenant. 13.05 Landlord shall keep and maintain the structural soundness of the roof, foundations, and exterior walls of the Premises in good repair, except that Landlord shall not be responsible for any repairs or maintenance provided herein caused by Tenant's misuse of the Project, Tenant's or Tenant's agents', employees', invitees', licensees', or contractors' negligence or intentional misconduct not covered by insurance maintained by Landlord on the Project, or the failure of Tenant to perform or observe any conditions or agreements contained in this Lease. Landlord shall not be required to keep commence any portion repairs and shall not have any liability or responsibility therefor, except upon notice of the Leased Premises need therefor from Tenant and a reasonable opportunity to complete the same. All repair costs by Landlord under this Section 13.05 shall be considered part of the Operating Costs of the Project as specified in proper repairparagraph 5.02A above. Any work Landlord agrees to exercise commercially reasonable efforts to conduct such repairs as promptly as possible after receiving notice from Tenant in a manner which will not unreasonably and materially interfere with Tenant's occupancy of, or the conduct of Tenant's business from, the Premises. 13.06 In the event Landlord or Tenant (the "Determining Party") has determined that the other party (the "Maintaining Party") has not made the repairs or complied with their maintenance obligations specified in Sections 13.02 and 13.05, respectively, the Determining Party shall thereafter notify the Maintaining Party in writing. If the Maintaining Party disagrees with the Determining Party's determination, Landlord and Tenant agree to negotiate in good faith in an attempt to resolve the dispute. In the event Landlord and Tenant have not resolved the dispute within thirty (30) days after the Maintaining Party's receipt of the Determining Party's notice, then either party may submit the dispute to binding arbitration. The dispute shall be resolved by a sole arbitrator, whose decision shall be final and binding on the structural portions parties. The parties shall select the arbitrator by mutual agreement or, if the parties fail to agree upon an arbitrator within ten (10) days from the date of the Leased Premises required for any reason will be performed at election to arbitrate, the expense of TENANT. Structural portions arbitrator shall be defined as bearing walls, beams, roofs and selected by the outside portions American Arbitration Association. The Commercial Arbitration Rules of the Leased Premises. TENANT will keep inside portions American Arbitration Association shall govern the arbitration, including selection of the Leased Premises in good repair including, but arbitrator if the parties cannot limited to, all electrical, plumbing, heating, air conditioning (which agree upon the arbitrator. The parties shall include normal replace of heating each bear their own costs associated with the arbitration and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender shall share equally the Leased Premises at the expiration cost of the termarbitrator. In the event that either party fails to comply with the terms of the arbitrator's final decision, either party may petition a court of competent jurisdiction to enter a judgment upon the arbitrator's final decision. The arbitration shall be held in as good condition as when receivedReno, excepting ordinary wear and tear and damage by fire or insured casualtyNevada. When used Nothing in this paragraph, the term “repair” Section 13.06 shall include replacements be construed to preclude any party from seeking injunctive relief or exercising any of its other rights and renewals when necessary remedies pursuant to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for the inspection and servicing of the heating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.