Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. Except as otherwise set forth in this Lease, Tenant, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain.

Tenant Repairs. Except as otherwise set forth in this Leasefor those items for which Landlord is responsible by virtue of Section 4.02 below, TenantTenant shall, at its own cost and expense, shall promptly make clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all repairs interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and ▇▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of every kind all electrical, plumbing, interior and natureexterior heating, whether foreseen or unforeseenventilating, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) equipment and systems that serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other mechanical fixtures and building systems serving equipment inside the Premises whether or not they were initially installed at Landlord’s expense. All repairs, maintenance and/or replacements made by Tenant shall be maintained subject to Landlord’s prior written approval, which will not be unreasonably withheld provided that the same are at Tenant’s expense pursuant least equal in quality and class to maintenance service contracts entered into by Tenantthe original work and/or fixtures and equipment. The scope of services and contractors under such maintenance contracts Landlord shall be reasonably approved by Landlord. In have the event that Tenant is required to replace any HVAC unit during the term of this Leaseright, then the cost of such unit shall be amortized over at its useful life as determined in accordance with generally accepted accounting principlesoption, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform on behalf of Tenant any repair or replacement for which it is responsible approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be due within thirty (30) days after receipt of written notice from Landlord demand. In furtherance of the above, Tenant, at its sole cost and expense, will obtain, and maintain throughout the Term, a quarterly maintenance, repair and service contract on the HVAC system serving the Premises (the “Service Contract”), said Service Contract to do so, Landlord may perform be on such work terms and with such company as shall be reimbursed approved by Tenant within Landlord. Within thirty (30) days after written demand thereforfollowing the Commencement Date, Tenant will provide Landlord with a copy of the above-referenced Service Contract. Subject During the Term Tenant will provide Landlord with copies of all annual renewals or replacements of the Service Contract prior to the Restoration expiration of the initial or then-current Service Contract. Such Service Contract must fully comply with the requirements set forth in this Section 4,01. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and Condemnation Paragraphsshall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Property shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash. The lighting, mechanical systems, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part HVAC system serving the Premises will be in good working order as of the Premises Commencement Date such that results from damage caused by TenantTenant can obtain a commercially reasonable Service Contract at a reasonable cost. In addition, its agentsduring the first (1’) year of the Term, contractors, Landlord shall make any repairs or invitees and any repair that benefits only the Premises. If any present or future improvements replacements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to HVAC system serving the Premises, which repairs and replacements are not necessitated by an act or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights omission of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as . Tenant shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding responsible for the foregoingreplacement of any HVAC systems, Tenant shall not as necessary, except that, if necessary, the Landlord will be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainresponsible for replacing the 7.5 ton tsetse unit installed in 1983.

Tenant Repairs. Except as otherwise set forth in this Leasefor those items for which Landlord is responsible by virtue of Section 4.02 below, TenantTenant shall, at its own cost and expense, shall promptly make clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation all repairs plate glass, lighting and replacements of every kind other fixtures and natureequipment inside the Premises whether or not they were initially installed at Landlord's expense, whether foreseen or unforeseenand any HVAC, which may be required to be made upon or in connection with electrical and mechanical systems that service the Premises, so as to keep them in good operating condition and Landlord shall not be required in compliance with the requirements from time to make any repairtime of all governmental authorities having jurisdiction. All repairs, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, maintenance and/or replacements made by Tenant shall repair or replace, be subject to Landlord’s direction 's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and supervision, any damage class to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, original work and/or fixtures and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlordequipment. In the event that Tenant is required fails to replace make any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Termsnecessary repairs, Landlord shallshall have the right, upon the termination of this Leaseat its option, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails after providing written notice to Tenant, to perform on behalf of Tenant any repair or replacement for which it is responsible approved by Landlord and one hundred five percent (105%) of the reasonable cost and expense incurred shall be due within thirty (30) days after receipt of written notice from demand. Landlord and Tenant agree that the Landlord will obtain a reasonable and customary maintenance, repair and service contract on the HVAC system serving the Premises, the cost of which shall be billed to do soTenant and shall be deemed to be Additional Rent. The parties agree that, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject notwithstanding any provision of this Lease to the Restoration contrary, Tenant's obligation to pay for the maintenance, repair and Condemnation Paragraphsreplacement of the Building-standard systems (which includes the HVAC, sprinkler, electrical and any other applicable provisions of this Lease, Tenant plumbing systems) serving the Premises shall bear be limited to: (i) the full cost of any repair or replacement maintaining and making minor repairs to any part the Building-standard systems serving the Premises; (ii) the cost of the Premises afore-mentioned service contract on the HVAC system; (iii) Tenant's Share of any such costs that results from damage caused by Tenant, its agents, contractors, are included in Operating Expenses; and (iv) the first $4,000.00 per year of the cost of major repairs or invitees and any repair that benefits only the cost of replacing such Building-standard systems serving the Premises. If any present or future improvements Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises are made or authorized to be made by Tenantanywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, its agents stored or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained maintained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request or the Project shall be at the sole risk of Landlord, Tenant, . Tenant agrees at its sole cost and expenseexpense to comply with all present and future laws regarding the collection, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoingsorting, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easementsseparation and recycling of waste products, licenses or similar rights as may be necessary to permit such encroachments to remaingarbage, refuse and trash.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, provided that Tenant shall not be obligated to make any material capital improvements required by such laws, ordinances, orders, rules and regulations, (nor shall Landlord have such obligation). For purposes of this clause, a "material capital improvement" shall mean any capital improvement or series of capital improvements within any calendar year, costing in excess of $1,500.00. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and aft such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principles, as reasonably determined by Landlord, quality and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject class to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentoriginal work. Notwithstanding the foregoing, Tenant shall not be responsible for major non-recurring repairs of or replacements to the HVAC system, except where caused by Tenant's failure to properly utilize, maintain and secure said system; Tenant, however, shall pay the amortization (utilizing the amortization method for capital expenditures described in Section 2.3) of the costs of such major repairs or replacements performed after the five (5) year anniversary of the Commencement Date. For purposes of this paragraph, "major repairs or replacement of the HVAC system" shall mean expenditures for major repairs to or replacement of compressors or exchangers. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to remove Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such encroachments if repairs upon presentation to Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainof bill therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its Tenant’s own expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with keep the Premises, and Landlord shall not be required to make any repairincluding all improvements, whether foreseen or unforeseenfixtures, or to maintain any of the Premises in any way. In additionfurnishings, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heatingheating, ventilation (including exhaust) and air conditioning (“HVAC”) ), and systems and other mechanical equipment therein (including, without limitation, plumbing fixtures and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under equipment such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Leaseas dishwashers, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlordgarbage disposals, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsinsta-hot dispensers), and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part floor of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to Building on which the Premises are subjectlocated, then in good order, repair and condition as soon as reasonably possible after written request received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable 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; provided however, that, at its Landlord’s option, or if Tenant fails to make such repairs, (after notice from Landlord and a reasonable opportunity to do so) 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 expense, shall take other costs or expenses arising from Landlord’s involvement with such action as shall be necessary to remove such encroachments or end such violation or impairmentrepairs and replacements forthwith upon being billed for same. Notwithstanding the foregoingWithout limitation, Tenant shall not be required responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises (to remove any the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainsystems.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Landlord shall install new replacement heating, ventilation and air conditioning equipment and shall assign all warranties to Tenant. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and locks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainbill ▇▇▇refor.

Tenant Repairs. Except as otherwise set forth in this Lease, At Tenant, at its ’s sole cost and expense, whether or not Tenant is in occupancy of all of the Buildings, Tenant shall promptly maintain and keep all of the Buildings on the Premises and the adjoining sidewalks, curbs and common areas and any alterations or improvements thereto, if any, clean and in good condition and repair, normal wear and tear excepted, free of accumulations of dirt, rubbish, snow and ice, and Tenant shall make all repairs and replacements of every kind replacements, structural and naturenon-structural, whether ordinary and extraordinary, foreseen or and unforeseen, which may and shall perform all maintenance, necessary to (a) maintain the Premises and any sidewalks, curbs and common areas in good condition and repair, and (b) cause the Premises to comply with all Requirements and Applicable Laws. When used in this Section 5.2, the term “repairs” shall include all necessary additions, alterations, improvements, replacements, renewals and substitutions. Subject to the terms of Section 26.2, Tenant shall be required entitled to reimbursement for any such repairs that are of a capital nature (as reasonably determined by Tenant, subject to approval by Landlord in its reasonable discretion) as CapEx Work from the existing CapEx Reserve Funds. All repairs made by or at the direction of Tenant shall be equal or greater in quality and class to the original work and shall be made upon or in connection compliance with the Premises, all Requirements and Applicable Laws. Landlord shall not be required to make furnish any repair, whether foreseen services or unforeseen, facilities or to maintain or make any repairs or alterations to the Premises, and Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Premises in any wayand all costs and expenses incidental thereto, including adequate security for each of the Buildings, whether or not Tenant is then occupying each of the Buildings. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to have the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained roofs inspected annually at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost deliver copies of any repair or replacement inspection and maintenance reports to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the PremisesLandlord upon receipt. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, TenantTenant shall, at its sole cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentrepair, replace and maintain the roof in good condition and repair. Notwithstanding the foregoingforegoing standard of maintaining the Premises in good condition and repair, if the Requirements or any Applicable Law mandate a higher standard to be implemented, or if any higher standard if required by a Mortgagee, then Tenant shall, at Tenant’s expense, be obligated to cause the Premises to comply with such higher standard. In performing the obligations set forth in this Section, Tenant shall not be required permitted to remove any such encroachments if cause the Operating Subtenant that occupies the portion of the Premises covered by the applicable Operating Sublease to perform the obligations of Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainon behalf of Tenant.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, provided that Tenant shall not be obligated to make any material capital improvements required by such laws, ordinances, orders, rules and regulations, (nor shall Landlord have such obligation). For purposes of this clause, a "material capital improvement" shall mean any capital improvement or series of capital improvements within any calendar year, costing in excess of $1,500.00. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principles, as reasonably determined by Landlord, quality and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject class to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentoriginal work. Notwithstanding the foregoing, Tenant shall not be responsible for major non-recurring repairs of or replacements to the HVAC system, except where caused by Tenant's failure to properly utilize, maintain and secure said system; Tenant, however, shall pay the amortization (utilizing the amortization method for capital expenditures described in Section 2.3) of the costs of such major repairs or replacements performed after the five (5) year anniversary of the Commencement Date. For purposes of this paragraph, "major repairs or replacement of the HVAC system" shall mean expenditures for major repairs to or replacement of compressors or exchangers. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to remove Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such encroachments if repairs upon presentation to Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainof ▇▇▇▇ therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after written notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant’s merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant’s business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Lease, upon completion thereof. Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainb▇▇▇ therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with times throughout the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term Term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and good condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures that solely serve the Premises and equipment, fixtures, motors and machinery solely serving the Premises, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principlesquality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, as reasonably determined by Landlordfree of accumulation of dirt, rubbish, snow and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of terminationice. If Tenant fails fails, refuses or neglects to perform any maintain or repair or replacement for which it is responsible within the Premises as required in this Lease after no less than thirty (30) days after receipt of written notice from Landlord to do soshall have been given Tenant, in accordance with this Lease, Landlord may perform make such work and be reimbursed repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by Tenant within thirty (30) days after written demand therefor. Subject reason thereof, except for Landlord’s gross negligence or willful misconduct to the Restoration and Condemnation Paragraphsextent affected by Section 7.4 below, and any other applicable provisions of this Lease, upon completion thereof Tenant shall bear the full cost pay to Landlord all costs plus five percent (5%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain▇▇▇▇ therefor.

Tenant Repairs. No representations, except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises, and the acceptance of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that the Premises are as of the Term Commencement Date in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs to all improvements within the Premises, whether constructed by or at the direction of Landlord or Tenant, in order to preserve the Premises in good working order and condition; provided that Tenant shall not make any repairs in or to the walls, ceilings, flooring or electrical or telephone/communication closets, or any other similar major repairs (“Major Repairs”) without Landlord’s prior written approval, which approval shall not be unreasonably withheld. At Landlord’s option, Landlord may elect to make the necessary Major Repairs. Tenant shall reimburse Landlord, upon demand, for the cost of all Major Repairs and, subject to the provisions of Sections 12.1 and 13.1, for the cost of any and all structural repairs or replacements necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Landlord shall not be liable for, and there shall be no abatement of rent with respect to, any injury to or interference with Tenant’s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises or the Common Facilities or in or to the fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord’s expense under the provisions of Sections 1932(1), 1941 and 1942 of the California Civil Code, and instead, all improvements, repairs and/or maintenance expenses incurred in connection with the Premises shall be at the expense of Tenant, and shall be considered as part of the consideration for leasing the Premises. Except as otherwise set forth in this LeaseSection 12.1, all damage or injury done to the Premises by Tenant or by any person who may be in or upon the Premises with Tenant, ’s consent or at its expenseTenant’s invitation, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused paid for by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon at the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of surrender the Premises that results from damage caused to Landlord in as good condition and repair as when accepted by Tenant, its agents, contractorsreasonable wear and tear excepted and otherwise in accordance with Article 25. Landlord shall have no obligation to repaint the Premises, or invitees and perform any repair that benefits only the Premises. If any present or future other improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to during the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainTerm.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, at its sole expense, keep and maintain the cost Premises in a clean, safe, and sanitary condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant’s merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant’s business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentb▇▇▇ therefore. Notwithstanding the foregoing, provided Tenant has engaged in a consistent, professional maintenance contract for the HVAC equipment serving the Premises, then Tenant shall not be required at lease termination to remove replace any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainHVAC equipment serving the Premises.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, provided that Tenant shall not be obligated to make any material capital improvements required by such laws, ordinances, orders, rules and regulations, (nor shall Landlord have such obligation). For purposes of this clause, a material capital improvement shall mean any capital improvement or series of capital improvements within any calendar year, costing in excess of $1,500.00. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term repairs shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principles, as reasonably determined by Landlord, quality and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject class to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentoriginal work. Notwithstanding the foregoing, Tenant shall not be responsible for major non-recurring repairs of or replacements to the HVAC system, except where caused by Tenant's failure to properly utilize, maintain and secure said system- Tenant, however, shall pay the amortization (utilizing the amortization method for capital expenditures described in Section 2.3) of the costs of such major repairs or replacements performed after the five (5) year anniversary of the Commencement Date. For purposes of this paragraph, major repairs or replacement of the HVAC system shall mean expenditures for major repairs to or replacement of compressors or exchangers. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to remove Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such encroachments if repairs upon presentation to Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainof bill therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, Tenant, at its Tenant's expense, shall promptly provide for storage disposal of all biomedical and hazardous materials and waste delivered, generated from or stored within the Leased Premises, all in strict compliance with all Federal, State and local rules, regulations, laws, ordinances and guidelines. Tenant shall not suffer any damage, waste or deterioration to occur to the Leased Premises and shall maintain the interior non-structural portions of the Leased Premises and the fixtures and appurtenances therein in good repair and clean and sightly condition, and shall make all repairs necessary to keep them in good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of Tenant or its agents, employees, invitees, licensees or visitors) ordinary wear and tear and Acts of God excepted, and subject to the provisions of Articles 8 and 11 hereof. All repairs, replacements and restorations made by Tenant shall be equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of every kind and nature, whether foreseen or unforeseen, which may be required this Lease to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, by Tenant shall repair or replacebe commenced and completed expeditiously; provided, subject to Landlord’s direction and supervisionhowever, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair make the repairs or replacement for which it is responsible replacements, in an emergency promptly after notice, or otherwise fails to make the repairs or replacements within thirty (30) days after receipt notice or in the event that such repair or replacement is of written notice from Landlord to do so, Landlord may perform such work and a nature as cannot with diligent effort be reimbursed by Tenant cured within said thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Leaseday period, Tenant shall bear the full cost of any repair have failed to commence to cure within said period or replacement failed to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements diligently prosecute remedial efforts to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subjectcompletion within a reasonable time thereafter, then as soon as reasonably possible after written request of Landlord, TenantLandlord may, at its option, make the repairs or replacements, and the cost and expense, shall take of such action as repairs or replacements shall be necessary charged to remove such encroachments or end such violation or impairment. Notwithstanding Tenant as Additional Rent and shall become payable by Tenant with the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainpayment of the rent next due hereunder.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe and sanitary condition in compliance with all applicable laws, codes, ordinances, rules and regulations, except as may otherwise be provided in Sections 5.1 and 5.2 hereof. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises in a clean and orderly condition, free of accumulation of dirt and rubbish. Tenant acknowledges that Tenant may, but shall not be obligated to, from time to time, remove ice and/or snow from the entry areas serving the Premises, to supplement the snow and ice removal to be provided by Landlord pursuant to Section 5.1. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear pay to Landlord all costs plus ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of ▇▇▇▇ therefor. Landlord warrants the full cost of any repair or replacement to any part condition of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only HVAC equipment during the Premises. If any present or future improvements to first year of the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainlease term.

Tenant Repairs. Except Tenant, during the Term of this Lease and any extension thereof, agrees to keep in good order and repair all interior portions of the Premises (including overhead doors, docks contained within the Premises and the electric operators thereof,), except such repairs as otherwise set forth in under this Lease Landlord is required to make and except repairs which are made necessary because of faulty construction and except repairs which are the obligation of Landlord under Paragraph 16 of this Lease, . Tenant shall also provide ordinary maintenance for the plumbing and light fixtures (within the Premises) and shall replace any interior glass (not part of the outside walls) which may be damaged or broken with glass of the same quality. Tenant, at its expenseTenant’s cost, shall promptly make all repairs will be responsible for trash removal, janitorial and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with security for the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant cost and expense, but subject to maintenance service contracts entered into the following paragraph 12(c)) maintain and repair (but not insure) the items listed in Exhibit D and Exhibit E as the Landlord Equipment Inventory that are being utilized by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term Term of this Lease, then the cost of such unit . Tenant shall be amortized over its useful life as determined solely responsible for repair, maintenance and replacement of Tenant’s Equipment Inventory (including, without limitation, HVAC equipment previously installed by Tenant and which in accordance with generally accepted accounting principles, as reasonably determined the future may be installed by Landlord, Tenant) and if such useful life extends beyond Tenant’s Furniture. During the full term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlordrenewal, Tenant, at its Tenant’s sole cost and expense, shall take such action as obtain and keep in force, an annual maintenance contract (the “Maintenance Contract”) for service and routine maintenance of the HVAC systems and facilities serving the Premises. The Maintenance Contract shall be necessary with a company reasonable acceptable to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainLandlord.

Tenant Repairs. Except as otherwise set forth in this Lease, Tenant, at its Tenant’s expense, shall promptly provide for storage disposal of all biomedical and hazardous materials and waste delivered, generated from or stored within the Leased Premises, all in strict compliance with all Federal, State and local rules, regulations, laws, ordinances and guidelines. Tenant shall not suffer any damage, waste or deterioration to occur to the Leased Premises and shall maintain the interior non-structural portions of the Leased Premises and the fixtures and appurtenances therein in good repair and clean and sightly condition, and shall make all repairs necessary to keep them in good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of Tenant or its agents, employees, invitees, licensees or visitors) ordinary wear and tear and Acts of God excepted, and subject to the provisions of Articles 8 and 10 hereof. All repairs, replacements and restorations made by Tenant shall be equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of every kind and nature, whether foreseen or unforeseen, which may be required this Lease to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, by Tenant shall repair or replacebe commenced and completed expeditiously; provided, subject to Landlord’s direction and supervisionhowever, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair make the repairs or replacement for which it is responsible replacements, in an emergency promptly after notice, or otherwise fails to make the repairs or replacements within thirty (30) days after receipt notice or in the event that such repair or replacement is of written notice from Landlord to do so, Landlord may perform such work and a nature as cannot with diligent effort be reimbursed by Tenant cured within said thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Leaseday period, Tenant shall bear the full cost of any repair have failed to commence to cure within said period or replacement failed to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements diligently prosecute remedial efforts to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subjectcompletion within a reasonable time thereafter, then as soon as reasonably possible after written request of Landlord, TenantLandlord may, at its option, make the repairs or replacements, and the cost and expense, shall take of such action as repairs or replacements shall be necessary charged to remove such encroachments or end such violation or impairment. Notwithstanding Tenant as Additional Rent and shall become payable by Tenant with the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainpayment of the rent next due hereunder.

Tenant Repairs. Except No representations, except as otherwise set forth in this Leasecontained herein, Tenant, at its expense, have been made to the Tenant respecting the condition of the Premises. The Tenant shall promptly take good care of the Premises and shall make all repairs as and when the Landlord deems necessary, acting reasonably, in order to preserve the Premises in good order and in good and tenantable condition. In addition, the Tenant shall reimburse the Landlord, upon demand, for the cost of any and all structural repairs or replacements necessitated or occasioned by the acts, omissions or gross negligence of every kind and naturethe Tenant or any person claiming through or under the Tenant, whether foreseen or unforeseenany of their servants, which may be required to be made upon employees, contractors, agents, visitors or in connection with licensees, or by the Premises, and use or occupancy of the Premises by the Tenant or any such person. The Landlord shall not be required liable for, and there shall be no abatement of Rent or other amounts payable hereunder with respect to, any injury to or interference with the Tenant's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, the Common Areas or the Building or in or to the fixtures, appurtenances or equipment therein. The Tenant hereby waives all right to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed repairs at the Tenant’s Landlord's expense by contractors approved by Landlordand instead, or at Landlord’s optionall improvements, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving and/or maintenance expenses incurred on the Premises shall be maintained at the expense of the Tenant’s expense pursuant to maintenance service contracts entered into by Tenant, and shall be considered as part of the consideration for leasing the Premises. The scope Tenant shall save harmless and indemnify the Landlord from and against all loss, costs, expenses, damages, claims, causes of services action and contractors under such maintenance contracts shall actions of whatsoever nature resulting from any damage or injury done to the Building or any part thereof by the Tenant or any person who may be reasonably approved by Landlordin or upon the Building with the Tenant's consent or at the Tenant's invitation. In On the event that Tenant is required to replace any HVAC unit during the term expiration or earlier termination of this LeaseLease the Tenant shall surrender the Premises to the Landlord which, then the cost after removal of such unit shall be amortized over its useful life as determined any Alterations required in accordance with generally accepted accounting principles, the terms hereof (but only those so required) shall be in as reasonably determined by Landlord, good condition and if such useful life extends beyond in as good a state of repair as at the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part commencement of the Premises that results from damage caused by TenantTerm, its agents, contractors, or invitees reasonable wear and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remaintear excepted.

Tenant Repairs. Except as otherwise set forth in Tenant agrees that during the full term of this LeaseLease or any renewal thereof, Tenantit will, at its own expense, keep the interior of the Leased Premises in good condition and shall promptly make all repairs not let the Leased Premises and replacements equipment, fall out of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premisesrepair, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to that it will maintain any of the Leased Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenantequipment, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereundermake repairs promptly as they become necessary. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term At commencement of this Lease, then Landlord shall supply the Leased Premises with the required lamps, bulbs, ballasts, and starters, but replacements thereof shall be at Tenant's expense. Interior maintenance shall be deemed to include, but shall not be limited to, repairs or replacements required for windows, doors, floors, interior walls, ceilings, painting and decorating, and repairs to heating, air conditioning, plumbing and electrical fixtures, and equipment. Tenant shall change the filters in the ventilation system on regular intervals. Notwithstanding, any other provisions of this Subparagraph 16(a), Tenant shall not be obliged to: (i) make such repairs as are necessitated by fire or other perils provided for by extended coverage clauses (whether or not caused by the active or passive negligence of the Tenant) for which damage or loss insurance is carried by the Landlord; or (ii) pay more than $1,500 toward the cost of such unit any single replacement, except for damages caused by Tenant's negligence or willful misconduct, for which Tenant shall pay the entire cost. Landlord covenants and agrees that all equipment on the Leased Premises shall be amortized over its useful life as determined in good working order on the Commencement Date and for a period of eighteen (18) months thereafter, except for damage, repairs, or replacements incurred or necessitated due to Tenant's failure to maintain such equipment and systems in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term terms of this Lease Agreement or resulting from Tenant's extraordinary use of the Leased Premises. Tenant shall at all times after the commencement of Tenant's business operations at the Demised Premises maintain, at Tenant's sole cost and all Extension Termsexpense, a service contract with a reputable heating, ventilating and air conditioning service and repair firm approved by Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs provision of such HVAC unit upon service and repairs to the date of termination. If Tenant fails to perform any repair Demised Premises, which shall provide that such contract may not be canceled, materially changed or replacement for which it is responsible within not renewed without at least thirty (30) days after receipt of advance written notice from to Landlord to do so, at the address and in the manner set forth in Section 25 hereof. A copy of such contract shall be deposited with Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject promptly upon commencement of Tenant's obligation to the Restoration and Condemnation Paragraphsprocure same, and any other applicable provisions a copy of this Lease, Tenant shall bear the full cost of any repair or each replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as thereof shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remaindeposited with Landlord promptly upon Tenant's execution of same.

Tenant Repairs. Except as otherwise set forth (a) Tenant will keep the Premises and every part thereof neat and clean, and will maintain the same (including without limitation any HVAC equipment or systems located within the Premises, or located elsewhere on the Property to the extent such HVAC equipment or systems serve the Premises) in good order, condition and repair, excepting only those repairs for which Landlord is responsible under the terms of this Lease, Tenant, at its expense, shall promptly make all repairs reasonable wear and replacements tear of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen damage by fire or unforeseen, other casualty or to maintain any as a consequence of the exercise of the power of eminent domain; and Tenant shall surrender the Premises to Landlord, upon the expiration or earlier termination of the Term, in any waysuch condition. In additionWithout limitation, Tenant shall, at Tenant's expense, comply with, and cause the Premises to comply with, all laws, codes and ordinances from time to time in effect and all directions, rules and regulations of governmental agencies having jurisdiction, and the standards recommended by the local Board of Fire Underwriters applicable to Tenant's use and occupancy of the Premises, and shall, at Tenant's expense, timely obtain all permits, licenses and the like required thereby. Subject to SECTION 11.6 regarding waiver of subrogation, Tenant shall repair or replace, subject to Landlord’s direction be responsible for the cost of repairs and supervision, any replacements which may be made necessary by reason of damage to the Site Building caused by any act or neglect of Tenant, or its Agents, invitees or independent contractors (including any assignees claiming by, through, damage by fire or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning other casualty arising therefrom). (“HVAC”b) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that If Tenant is required to repair, replace or maintain any HVAC unit during portion of the term Building pursuant to the provisions of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to commence to perform any repair such act, upon not less than ten (10) days' prior written notice, or replacement for which it is responsible fails to complete such act so commenced within thirty (30) days after receipt (except that no notice shall be required in the event of written notice from Landlord to do soan emergency), Landlord may perform such work and be reimbursed by Tenant within thirty act (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant but shall not be required to remove do so), and the provisions of SECTION 15.4 ("REMEDYING DEFAULTS") shall be applicable to the costs thereof. Landlord shall not be responsible to Tenant for any loss or damage whatsoever that may accrue to Tenant's stock or business by reason of Landlord's performing such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainacts.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. den used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainbill therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks the replacement of all broken glass, trash and snow removal, landscaping, and pest control, as required under the circumstances. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and parking areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after at least ten (10) days written notice shall have been given Tenant, except in the event of an emergency in which no notice shall be required, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Lease, upon completion thereof Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain▇▇▇▇ therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainbill therefor.

Tenant Repairs. Except as otherwise set forth Tenant shall not suffer any damage, waste or deterioration to occur to the Leased Premises and shall maintain the interior non-structural portions of the Leased Premises and the fixtures and appurtenances therein in this Leasegood and sightly condition, Tenant, at its expense, and shall promptly make all repairs necessary to keep them in good working order and replacements condition (including structural repairs when those are necessitated by the negligence or willful misconduct of every kind Tenant or its agents, employees, invitees, licensees or visitors) ordinary wear and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premisestear and Acts of God excepted, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction the provisions of Articles 8 and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder11 hereof. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term For purposes of this Lease, then the cost ordinary wear and tear shall not include any environmental contamination in violation of such unit any Environmental Law. All repairs, replacements and restorations made by Tenant shall be amortized over its useful life equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as determined in accordance with generally accepted accounting principles, as reasonably determined the case may be) required by Landlord, and if such useful life extends beyond the term terms of this Lease to be made by Tenant shall be commenced and all Extension Termscompleted expeditiously; provided, Landlord shallhowever, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If if Tenant fails to perform any repair make the repairs or replacement for which it is responsible replacements, in an emergency promptly after notice, or otherwise fails to make the repairs or replacements within thirty (30) days after receipt notice or in the event that such repair or replacement is of written notice from Landlord to do so, Landlord may perform such work and a nature as cannot with diligent effort be reimbursed by Tenant cured within said thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Leaseday period, Tenant shall bear the full cost of any repair have failed to commence to cure within said period or replacement failed to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements diligently prosecute remedial efforts to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subjectcompletion within a reasonable time thereafter, then as soon as reasonably possible after written request of Landlord, TenantLandlord may, at its option, make the repairs or replacements, and the cost and expense, shall take of such action as repairs or replacements shall be necessary charged to remove such encroachments or end such violation or impairment. Notwithstanding Tenant as Additional Rent and shall become payable by Tenant with the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainpayment of the rent next due hereunder.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principlesthis Lease. Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, as reasonably determined fixtures or other property or to Tenant's business by Landlordreason thereof, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of terminationcompletion thereof. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainbill therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance repair and replacement if necessary, of all heating, ventilation, air conditioning lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the premises as determined required in this lease after notice shall have been given Tenant in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement ▇▇▇▇ therefor. Landlord agrees to any part assign all applicable warranties on equipment to Tenant upon completion of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remaintenant improvements.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion such thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making repairs such upon presentation to Tenant of any repair or replacement ▇▇▇▇ therefor. Landlord agrees to any part assign all applicable warranties on equipment to Tenant upon completion of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remaintenant improvements.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after ten (10) days written notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant’s merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant’s business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain▇▇▇▇ therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Except as provided in Section 5.1 above, Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include, if applicable, replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant and provided such failure shall continue beyond any applicable cure period, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain▇▇▇▇ therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain▇▇▇▇ therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to the maintenance of the roof (except for any repairs covered by warranty contract with roof installers) parking and common areas, doors, corridors as well as the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform make such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsrepairs, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises▇▇▇▇ therefor. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not only be required to remove any such encroachments if Tenant has or obtains such easementsmaintain existing dock door shelters so as to keep them in their current condition, licenses or similar rights as may be necessary to permit such encroachments to remainnormal wear and tear excepted.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its sole cost and expense, shall promptly make maintain, repair and replace all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any other parts of the Premises in any waygood repair and condition, including, but not limited to, heating, ventilating and air conditioning systems, down spouts, fire sprinkler system, dock bumpers, lawn maintenance, pest control and extermination, trash pick up and removal, and painting the building and exterior doors. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, pay for any damage to the Site caused by any act or omission of Tenant or Tenant's agents, employees, invitees, licensees or visitors. If the Premises are in a multi-occu-pancy building or project, Landlord reserves the right to perform, on behalf of Tenant, any assignees claiming bylawn maintenance, through, or under Tenant, any subtenants claiming by, through, or under Tenant, painting and any of their respective agents, contractors, employees trash pick-up and invitees, except removal; ▇▇▇▇▇▇ agrees to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by pay Landlord, or at Landlord’s optionas Additional Rent, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope ▇▇▇▇▇▇'s pro-rata share of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit services within ten (10) days from receipt of Landlord's invoice, or Landlord may by monthly invoice direct Tenant to prepay the estimated costs for the current calendar year, and such amount shall be amortized over adjusted annually. If the Premises are served by railroad, ▇▇▇▇▇▇ agrees, if requested by the railroad, to enter into a joint maintenance agreement with the railroad and bear its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond pro-rata share of the term cost of this Lease and all Extension Terms, Landlord shall, upon maintaining the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of terminationrailroad spur. If Tenant fails to perform any repair make the repairs or replacements, the cost of such repairs and replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord shall be charged to do so, Landlord may perform such work tenant as Additional Rent and be reimbursed shall become due and payable by Tenant within thirty ten (3010) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request receipt of Landlord, Tenant, at its cost 's invoice. Costs incurred under this section are the total responsibility of Tenant and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall do not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainconstitute Operating Expenses under section2.2.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, ice and snow in accumulations of less than one (1) inch. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainbill ▇▇▇refor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term " r I epaires " shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, 'refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain▇▇▇▇ therefor.