Common use of Roof Work Clause in Contracts

Roof Work. In the event any portion of the Tenant Improvements are to be performed on the roof of the Building (“Roof Work”), Tenant must first obtain Landlord shall written approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld. The installation of any Roof Work shall be performed by Landlord’s designated contractor(s), and any Roof Work related to roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all at Tenant’s sole cost and expense. Tenant shall not do or permit anything which would void any warranty of the roof. Tenant shall not be permitted to have access to the roof of the Building without a representative of Landlord present. Tenant shall also be responsible, at Tenant’s sole cost and expense, for the purchase, installation, maintenance, repair, replacement and removal of the Roof Work and Tenant shall at all times, at Tenant’s sole cost and expense, maintain the Roof Work in good condition and repair utilizing Landlord’s designated contractor(s). If any utilities or services are required for the operation of the Roof Work , all such utilities and services shall be arranged by Tenant (subject to Landlord’s prior written approval thereof) and shall be at Tenant’s sole cost and expense. All costs and expenses of whatever nature under this Section 7 shall be borne by Tenant at it’s sole cost and expense. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by the Roof Work and/or Tenant’s installation, operation, service, maintenance or removal thereof. In the event any provisions of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Premises (as defined in the Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as needed. · All truck doors and dock levelers should be serviced and placed in good operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). This would include the necessary (a) replacement of any dented truck door panels, broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the HVAC system. · All holes in the sheet rock walls shall be repaired prior to move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the result of misuse. · Facilities shall be returned in a clean condition, including, but not limited to, the cleaning of the coffee bar, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or breakage shall be replaced. All windows shall be clean. · Tenant shall provide keys for all locks on the Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms to code. Bare wires and dangerous installations shall be corrected to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, the water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the building. · All signs in front of building and on glass entry door and rear door shall be removed. 1. Tenant shall have the option (“Renewal Option”) to renew this Lease for two (2) consecutive terms of five (5) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that Base Rent during each Renewal Term shall be equal to Fair Market Rent (as defined in Section 2 below). Tenant shall deliver written notice to Landlord of Tenant’s election to exercise the Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twelve (12) months, prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver the Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Option.

Roof Work. In If, during the event any portion Lease Term, Landlord needs to perform maintenance work to Landlord’s equipment on the roof of the Tenant Improvements are to be performed on Building or repair or replace the roof of the Building (“Roof Work”), Tenant must first obtain agrees to cooperate and work with Landlord shall written approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld. The installation of any Roof Work shall be performed by Landlord’s designated contractor(s), and any Roof Work related to roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all (at Tenant’s sole cost and expenseexpense to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expense) to achieve said Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s intention to perform said work; except in the case of emergency Roof Work, in which case Landlord shall not do or permit anything which would void give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any warranty portion of the roof. Tenant shall not be permitted to have access to the roof Rooftop Equipment, or Tenant’s installation of the Building without a representative of Landlord present. Tenant shall also be responsibletemporary equipment, in each case at TenantLandlord’s sole cost and expenseexpense unless such Roof Work is due solely to Tenant’s Rooftop Equipment. All Roof Work will be performed in such a manner as to refrain from interference or disturbance with Tenant’s use of the Leased Premises (other than the potential disruption of use of Rooftop Equipment as described in this paragraph). Moreover, if a temporary relocation of the Rooftop Equipment is required to accommodate the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the purchase, installation, maintenance, repair, replacement and removal relocation portion of the Roof Work and Tenant shall at all times, at Tenant’s sole cost and expense, maintain Rooftop Equipment that will not impede the Roof Work in good condition Work. Notwithstanding the foregoing, Landlord does not warrant and repair utilizing represent that an alternative location will be available, and, consequently, Landlord’s designated contractor(s). If any utilities or services are required for the operation of the Roof Work , all obligation to provide such utilities and services shall be arranged by Tenant (alternative location is subject to Landlord’s prior written approval thereof) and the availability of such space. Under no circumstances shall Landlord be at Tenant’s sole cost and expense. All costs and expenses of whatever nature under this Section 7 shall be borne by liable to Tenant at it’s sole cost and expense. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by the Roof Work and/or Tenant’s installation, operation, service, maintenance or removal thereof. In the event any provisions of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], consequential damages as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Premises (as defined in the Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as needed. · All truck doors and dock levelers should be serviced and placed in good operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). This would include the necessary (a) replacement of any dented truck door panels, broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the HVAC system. · All holes in the sheet rock walls shall be repaired prior to move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the result of misuse. · Facilities shall be returned in a clean conditionsuch relocation, including, but not limited to, loss of business income or opportunity. Notwithstanding the cleaning of the coffee barforegoing, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or breakage shall be replaced. All windows shall be clean. · Tenant shall provide keys for all locks on move the Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms Rooftop Equipment back to code. Bare wires and dangerous installations shall be corrected its original location after the Roof Work is completed unless the parties agree to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, utilize the water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the building. · All signs in front of building and on glass entry door and rear door shall be removedrelocated area permanently. 1. Tenant shall have the option (“Renewal Option”) to renew this Lease for two (2) consecutive terms of five (5) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that Base Rent during each Renewal Term shall be equal to Fair Market Rent (as defined in Section 2 below). Tenant shall deliver written notice to Landlord of Tenant’s election to exercise the Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twelve (12) months, prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver the Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Option.

Roof Work. In If, during the event any portion Lease Term, Landlord needs to perform maintenance work to Landlord’s equipment on the roof of the Tenant Improvements are to be performed on Building or repair or replace the roof of the Building (“Roof Work”), Tenant must first obtain agrees to cooperate and work with Landlord shall written approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld. The installation of any Roof Work shall be performed by Landlord’s designated contractor(s), and any Roof Work related to roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all (at Tenant’s sole cost and expenseexpense to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expense) to achieve said Roof Work. Xxxxxxxx agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s intention to perform said work; except in the case of emergency Roof Work, in which case Landlord shall not do or permit anything which would void give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any warranty portion of the roof. Tenant shall not be permitted to have access to the roof Rooftop Equipment, or Tenant’s installation of the Building without a representative of Landlord present. Tenant shall also be responsibletemporary equipment, in each case at TenantLandlord’s sole cost and expenseexpense unless such Roof Work is due solely to Tenant’s Rooftop Equipment. All Roof Work will be performed in such a manner as to refrain from interference or disturbance with Xxxxxx’s use of the Leased Premises (other than the potential disruption of use of Rooftop Equipment as described in this paragraph). Moreover, if a temporary relocation of the Rooftop Equipment is required to accommodate the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the purchase, installation, maintenance, repair, replacement and removal relocation portion of the Roof Work and Tenant shall at all times, at Tenant’s sole cost and expense, maintain Rooftop Equipment that will not impede the Roof Work in good condition Work. Notwithstanding the foregoing, Landlord does not warrant and repair utilizing represent that an alternative location will be available, and, consequently, Landlord’s designated contractor(s). If any utilities or services are required for the operation of the Roof Work , all obligation to provide such utilities and services shall be arranged by Tenant (alternative location is subject to Landlord’s prior written approval thereof) and the availability of such space. Under no circumstances shall Landlord be at Tenant’s sole cost and expense. All costs and expenses of whatever nature under this Section 7 shall be borne by liable to Tenant at it’s sole cost and expense. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by the Roof Work and/or Tenant’s installation, operation, service, maintenance or removal thereof. In the event any provisions of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], consequential damages as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Premises (as defined in the Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as needed. · All truck doors and dock levelers should be serviced and placed in good operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). This would include the necessary (a) replacement of any dented truck door panels, broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the HVAC system. · All holes in the sheet rock walls shall be repaired prior to move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the result of misuse. · Facilities shall be returned in a clean conditionsuch relocation, including, but not limited to, loss of business income or opportunity. Notwithstanding the cleaning of the coffee barforegoing, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or breakage shall be replaced. All windows shall be clean. · Tenant shall provide keys for all locks on move the Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms Rooftop Equipment back to code. Bare wires and dangerous installations shall be corrected its original location after the Roof Work is completed unless the parties agree to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, utilize the water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the building. · All signs in front of building and on glass entry door and rear door shall be removedrelocated area permanently. 1. Tenant shall have the option (“Renewal Option”) to renew this Lease for two (2) consecutive terms of five (5) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that Base Rent during each Renewal Term shall be equal to Fair Market Rent (as defined in Section 2 below). Tenant shall deliver written notice to Landlord of Tenant’s election to exercise the Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twelve (12) months, prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver the Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Option.

Roof Work. In the event any portion of the Tenant Improvements are to be performed on Landlord shall replace, when Landlord deems necessary, the roof of the Building Premises, including the roof membrane (“the "Roof Work”), Tenant must first obtain ") according to plans and specifications and using materials selected by Landlord shall written approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld. The installation of any Roof Work shall be performed by at Landlord’s designated contractor(s), and any Roof Work related to roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all at Tenant’s 's sole cost and expense. The Roof Work will be conducted in the Premises while Tenant shall not do or permit anything which would void any warranty is in occupancy thereof and paying rent under the Amended Lease. Tenant agrees to cooperate with Landlord and to make the Premises reasonably available to Landlord and its contractors for the performance of the roofRoof Work. Tenant shall not be permitted to have access to acknowledges that some interruptions and/or interference with Tenant's business may occur during the roof course of the Building without Roof Work, but agrees that no interruptions or inconveniences to Tenant or its business suffered as a representative of Landlord present. Tenant shall also be responsible, at Tenant’s sole cost and expense, for the purchase, installation, maintenance, repair, replacement and removal result of the Roof Work shall constitute an eviction of Tenant from the Premises, whether constructive or otherwise, and Tenant shall at all times, at Tenant’s sole cost and expense, maintain in no event be excused from paying the Monthly Rent and/or additional rent that it is scheduled to pay pursuant to the terms of the Amended Lease. Landlord may or may not perform the Roof Work in good condition and repair utilizing Landlord’s designated contractor(s)during normal business hours. If any utilities or services are required for Tenant requires that the operation Roof Work be performed after Tenant's business hours, Tenant shall pay to Landlord the additional costs, if any, to perform the Roof Work after business hours. Landlord and Tenant shall cooperate and cause their respective employees, agents and contractors to cooperate with the other during said period to expedite completion of the Roof Work , all such utilities and services shall be arranged as well as to minimize any interference with Tenant's business operations in the Premises. Such cooperation by Tenant (subject to Landlord’s prior written approval thereof) shall include, without limitation, moving, packing, and/or other temporary relocation of furniture and shall be fixtures within the Premises at Tenant’s sole cost and 's expense. All costs and expenses of whatever nature under this Section 7 Landlord shall be borne by Tenant at it’s sole cost and expense. Notwithstanding anything use commercially reasonable efforts to the contrary contained in this Lease, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by complete the Roof Work according to the schedule attached hereto as Exhibit "A" (the "Schedule"), subject to extension for any delay beyond the reasonable control of Landlord and/or any Tenant’s installation-related delays; provided, operationhowever, service, maintenance or removal thereof. In the event any provisions of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. Dear [Name of Contact Person at Tenant]: This letter shall confirm Tenant acknowledges and agrees that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Premises (as defined dates in the Lease); (ii) the Lease is in full force Schedule are estimates, and effect; (iii) that Landlord is shall not be deemed in default under the Lease; and (iv) possession of the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as needed. · All truck doors and dock levelers should be serviced and placed in good operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). This would include the necessary (a) replacement of any dented truck door panels, broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the HVAC system. · All holes in the sheet rock walls shall be repaired prior to move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the result of misuse. · Facilities shall be returned in a clean condition, including, but not limited to, the cleaning of the coffee bar, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or breakage shall be replaced. All windows shall be clean. · Tenant shall provide keys for all locks on the Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms to code. Bare wires and dangerous installations shall be corrected to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, the water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the building. · All signs in front of building and on glass entry door and rear door shall be removed. 1. Tenant shall have the option (“Renewal Option”) to renew this Lease for two (2) consecutive terms of five (5) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Amended Lease, except that Base Rent during each Renewal Term nor shall Tenant be equal entitled to Fair Market Rent (as defined in Section 2 below). Tenant shall deliver written notice to any damages and/or any abatement of rent, if Landlord of Tenant’s election to exercise does not complete the Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twelve (12) months, prior Roof Work according to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver the Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal OptionSchedule.

Roof Work. In the event any portion of the (a) Tenant Improvements are desires to be performed install, at Tenant's cost and expense, on the roof of the Building certain equipment(the "Roof Equipment") more particularly shown on the drawings referred to on Exhibit C (“the "Engineering Plans") and located as shown on the Architectural Plans (as hereinafter defined). Landlord hereby approves Tenant's installation of the Roof Work”)Equipment subject to Tenant obtaining all applicable governmental approvals and permits in connection with said installation and further subject to Tenant's compliance with the provisions of this paragraph. In consideration of Landlord's consent to the installation of the Roof Equipment, Tenant must first has agreed to modify the Building (the "Improvements") in accordance with the architectural plans attached hereto as Exhibit D or any modification agreed to by Landlord's architect (the "Architectural Plans"). Tenant's right to install the Roof Equipment is expressly subject to Tenant's completion of the Improvements, at Tenant's cost and expense. It shall be Tenant's responsibility to obtain all applicable governmental approvals of the Architectural Plans. Landlord shall written will not unreasonably withhold its consent to any modifications to the Architectural Plans if said modifications are required by any governmental authority and provided that said modifications are approved by Landlord's architect which approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld, conditioned or delayed. The installation Tenant's installa- tion of any the Roof Work Equipment and construction of the Improvements (collectively, the "Roof Work") shall be performed by completed in full satisfaction of the conditions set forth in paragraph 11 (c) of the Lease. Landlord shall arrange for Landlord’s designated contractor(s)'s architect to attend municipal approval meetings and prepare reasonably required presentation materials, and any Roof Work at no cost to Tenant, related to roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all at Tenant’s sole cost and expense. Architectural Plans. (b) In the event that Tenant shall not do or permit anything which would void any warranty of the roof. Tenant shall not be permitted is unable to have access to the roof of the Building without a representative of Landlord present. Tenant shall also be responsible, at Tenant’s sole cost and expense, obtain required governmental approvals for the purchase, installation, maintenance, repair, replacement and removal performance of the Roof Work solely as a result of Landlord's failure to comply with the requirements under Landlord's site plan approvals, Tenant shall, within ten (10) days of becoming aware of such unsatisfied or open requirement, notify Landlord in writing ("Tenant's Condition Notice") specifying the unsatisfied or open requirements and shall provide Landlord with copies of all correspondence or other materials received by Tenant in connection with said unsatisfied or open requirements. Landlord shall at all times, at within seven (7) business days of receipt of Tenant’s sole cost and expense, maintain 's Condition Notice notify to Tenant in writing ("Landlord's Notice")as to whether it shall satisfy the Roof Work in good condition and repair utilizing Landlord’s designated contractor(s)conditions or contest the validity or imposition of the Conditions. If any utilities or services are required for Landlord does not send Landlord's Notice Landlord shall be deemed to be contesting the operation validity of the Roof Work condition. If Landlord notifies Tenant that Landlord intends to satisfy the requirements, all such utilities and services Landlord shall be arranged by Tenant so satisfy the open requirement within thirty (subject to 30) days after Landlord’s prior written approval thereof) and shall be at 's receipt of Tenant’s sole cost and expense. All costs and expenses of whatever nature under this Section 7 shall be borne by Tenant at it’s sole cost and expense. Notwithstanding anything to the contrary contained in this Lease's Condition Notice, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by the Roof Work and/or Tenant’s installation, operation, service, maintenance or removal thereofas weather permits. In the event any provisions Landlord does not satisfy the requirement within (30) days of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name receipt of Tenant]'s condition Notice, as Tenantthen in such event, hereby acknowledges the following: (i) Tenant is in possession of the Premises (as defined in the Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as needed. · All truck doors and dock levelers should be serviced and placed in good operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). This would include the necessary (a) replacement of any dented truck door panels, broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the HVAC system. · All holes in the sheet rock walls shall be repaired prior to move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the result of misuse. · Facilities shall be returned in a clean condition, including, but not limited to, the cleaning of the coffee bar, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or breakage shall be replaced. All windows shall be clean. · Tenant shall provide keys for all locks on the Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms to code. Bare wires and dangerous installations shall be corrected to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, the water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the building. · All signs in front of building and on glass entry door and rear door shall be removed. 1. Tenant shall have the option (“Renewal Option”) right to renew this Lease for two (2) consecutive terms of five (5) years each (eachcomplete the work required to satisfy the open conditions. If Tenant elects to so complete the work, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that Base Rent during each Renewal Term shall be equal to Fair Market Rent (as defined in Section 2 below). Tenant shall deliver must send written notice (the "Work Election Notice") to Landlord of Tenant’s its election to exercise complete the Renewal Option work on or before the date which is forty-five (“Renewal 45) days after Landlord's receipt of Tenant's Condition Notice”) not less than nine (9) months, nor more than twelve (12) months, prior to the expiration date time being of the original Term or essence, otherwise Tenant waive its right to perform the then-current Renewal Termwork. Upon delivery of the Work Election Notice, as applicable; and if Tenant fails to timely deliver the Renewal work shall no longer be deemed Landlord's responsibility. In the event Landlord elected in Landlord's Notice to Landlordperform the work to satisfy the conditions and failed to so satisfy the conditions within thirty (30) days after its receipt of Tenant's Condition Notice and Tenant then completes the work to satisfy the condition, then Landlord shall reimburse Tenant for the reasonable cost of the work performed within thirty (30) days of Landlord's receipt of a notice from Tenant which details the work performed, the cost of the work paid for by Tenant (together with the receipts and invoices) and proof that the open condition(s) to which the work related have been satisfied ("Tenant's Work and Cost Notice"). In the event Landlord shall fail to reimburse Tenant within said thirty (30) day period Tenant may obtain reimbursement of said reasonable costs by deducting said sum from the fixed rent next becoming due under the Lease. In the event Landlord elected in Landlord's Notice to contest the applicability or validity of the condition and Landlord does not clearly establish that the requirements were otherwise satisfied or waived within thirty (30) days of Landlord's receipt of Tenant's Condition Notice, then, in such event, Tenant shall automatically have the right to complete the work allegedly required to satisfy the open condition. If Tenant elects to so complete the work, Tenant must send to Landlord a Work Election Notice on or before the date which is forty-five (45) days after Landlord's receipt of Tenant's Condition Notice, time being of the essence, otherwise Tenant waives its right to perform the work. Upon delivery of the Work Election Notice, the work shall no longer be deemed Landlord's responsibility. If Landlord elects to contest in Landlord's Notice, Landlord shall promptly bring a lawsuit and shall diligently and with continuity prosecute the lawsuit in order to contest the applicability or validity of the condition. In the event a court of competent jurisdiction rules, that the alleged condition was valid and applicable, Landlord shall within thirty (30) days after such determination, reimburse Tenant for the reasonable cost of the work performed by Tenant to satisfy the condition. In the event Landlord shall fail to reimburse Tenant within said thirty (30) day period, Tenant may obtain reimbursement of said reasonable costs by deducting said sum from fixed rent next becoming due under the Lease. If Landlord contests the reasonableness of the amounts paid by Tenant, in any of the above cases, Landlord shall be obligated to reimburse Tenant (as provided above) only for the uncontested amount. The balance shall be reimbursed by Landlord to Tenant only upon the order of a Court of competent jurisdiction. Landlord agrees that site plan conditions which have irrevocably waived been previously bonded by Landlord (provided said bonds have not been released) are conditions for which Landlord acknowledges responsibility. This paragraph 5(b) shall be of no force or effect upon Tenant's receipt of a building permit for the Roof Work. Tenant will diligently pursue planning board approval and relinquished building permit issuance for the Renewal OptionRoof Work.