Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. (i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it will, at its expense, keep and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), the interior of the demised premises and every part thereof, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Tenant agrees thatExcept as otherwise set forth in this Lease, from and after the commencement date of the term of this lease and until the end of the term, it willTenant, at its expense, keep shall promptly make all repairs and maintain in good orderreplacements of every kind and nature, condition and repair (whether extraordinary, foreseen or unforeseen), the interior of the demised premises and every part thereof, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere required to be made upon or in connection with the building Premises, and Landlord shall not be required to make any repair, whether foreseen or on the land)unforeseen, interior plumbing up or to the exterior walls maintain any of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided Premises in paragraph 49th belowany way. In addition, Tenant shall make all repairs repair or replace, subject to Landlord’s direction and replacements of supervision, any kind and nature necessitated damage to the Site caused by any act or neglect of Tenant, its any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, its servantsemployees and invitees, agents except to the extent covered by insurance hereunder. Any repair or employees. Tenant replacement shall maintain service contracts with be performed at the Tenant’s expense by contractors approved by Landlord for 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 maintenance of the heating Lease Term. Heating, ventilation and air condition conditioning (“HVAC”) systems throughout 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 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 shall provide if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord with copies shall, upon the termination of all this Lease, reimburse Tenant for the unamortized costs of such contracts. (ii) HVAC unit upon the date of termination. If Tenant does not maintain 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 elements 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 provided in this Articlesoon 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 Landlord mayforegoing, but Tenant shall not be obligated torequired to remove any such encroachments if Tenant has or obtains such easements, after not less than five (5) days additional notice (except in the case of emergency) make the licenses or similar rights as may be necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of to permit such reimbursement shall be considered additional rent upon the failure of the Tenant encroachments to reimburse Landlord within five (5) days of demand thereofremain.

Tenant Repairs. (i) Except for those items for which Landlord is responsible by virtue of Section 4.02 below, Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willshall, at its own cost and expense, keep clean, repair, maintain and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), replace the interior of the demised premises Premises and every part thereofany improvements, equipment and fixtures therein, including but not limited towithout limitation, all 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 xxxxx; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all electrical, plumbing, interior and exterior heating, ventilation ventilating, and air conditioning (“HVAC”) equipment located 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 fixtures and equipment inside the Premises whether or servicing not they were initially installed at Landlord’s expense. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord’s prior written approval, which will not be unreasonably withheld provided that the demised premises (including the air conditioner compressor, lines same are at least equal in quality and ducts which may be located elsewhere in the building or on the land), interior plumbing up class to the exterior walls original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of the demised premises, including changes Tenant any repair or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors replacement approved by Landlord for the maintenance and one hundred ten percent (110%) of the heating cost and air condition systems expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant, at its sole cost and expense, will obtain, and maintain throughout the term Term, a quarterly maintenance, repair and service contract on the HVAC system serving the Premises (the “Service Contract”), said Service Contract to be on such terms and with such company as shall be approved by Landlord. Within thirty (30) days following the Commencement Date, Tenant will provide Landlord with a copy of this lease and shall the above-referenced Service Contract. During the Term Tenant will provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain annual renewals or repair such elements as provided replacements of the Service Contract prior to the expiration of the initial or then-current Service Contract. Such Service Contract must fully comply with the requirements set forth in this ArticleSection 4,01. 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 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 the HVAC system serving the Premises will be in good working order as of the Commencement Date such that Tenant can obtain a commercially reasonable Service Contract at a reasonable cost. In addition, during the first (1’) year of the Term, Landlord shall make any repairs or replacements to the HVAC system serving the Premises, which repairs and replacements are not necessitated by an act or omission of Tenant. Tenant shall be responsible for the replacement of any HVAC systems, as necessary, except that, if necessary, the Landlord may, but shall not will be obligated to, after not less than five (5) days additional notice (except responsible for replacing the 7.5 ton tsetse unit installed in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof1983.

Tenant Repairs. (i) Tenant agrees thatshall, from and after the commencement date of at all times throughout the term of this lease Lease, including renewals and until the end of the termextensions, it will, and at its sole expense, keep and maintain the Premises in good ordera clean, safe, sanitary and first class condition and repair (whether extraordinaryin compliance with all applicable laws, foreseen or unforeseen)codes, the interior of the demised premises ordinances, rules and every part thereofregulations, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, that Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but 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 repairs made by the Tenant shall be equal in quality and class to the original 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 not less than the five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense 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 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 reimburse pay to Landlord promptly all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon request presentation to Tenant of bill therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Except for those items for which Landlord is responsible by virtue of Section 4.02 below, Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willshall, at its own cost and expense, keep clean, repair, maintain and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), replace the interior of the demised premises Premises and every part thereofany improvements, equipment and fixtures therein, including but not limited to, without limitation all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's expense, and any HVAC, electrical and mechanical systems that service the Premises, so as to keep them in good operating condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction. All repairs, maintenance and/or replacements for made by Tenant shall be subject to Landlord's prior written approval, which Landlord is responsible, as herein expressly will not be unreasonably withheld provided that the same are at least equal in paragraph 49th belowquality and class to the original work and/or fixtures and equipment. In additionthe event that Tenant fails to make any necessary repairs, Landlord shall have the right, at its option, after providing written notice to Tenant, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred five percent (105%) of the reasonable cost and expense incurred shall make all be due within thirty (30) days of 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 Tenant and shall be deemed to be Additional Rent. The parties agree that, notwithstanding any provision of this Lease to the contrary, Tenant's obligation to pay for the maintenance, repair and replacement of the Building-standard systems (which includes the HVAC, sprinkler, electrical and plumbing systems) serving the Premises shall be limited to: (i) the cost of maintaining and making minor repairs and replacements to the Building-standard systems serving the Premises; (ii) the cost of the afore-mentioned service contract on the HVAC system; (iii) Tenant's Share of any kind such costs that are included in Operating Expenses; and nature necessitated by any act (iv) the first $4,000.00 per year of the cost of major repairs or neglect the cost of Tenant, its contractors, its servants, agents or employeesreplacing such Building-standard systems serving the Premises. Tenant shall maintain service contracts with contractors approved by Landlord promptly place all of its refuse in the trash receptacles provided for the maintenance of the heating and air condition systems throughout the term of this lease purpose and shall provide Landlord with copies not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of all such contracts. (ii) If Tenant does not maintain kept, stored or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except maintained in the case of emergency) make Premises or the necessary repair or cure the defective condition Project 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 the Tenant waste products, garbage, refuse and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereoftrash.

Tenant Repairs. (i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willshall, at its Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and maintain air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and condition as received (ordinary wear and repair (whether extraordinary, foreseen or unforeseen), tear and casualty damage excepted) at all times during the interior of the demised premises and every part thereof, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th belowLease Term. In addition, Tenant shall make 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 repairs damage to the Premises and replacements of any kind replace or repair all damaged, broken, or worn fixtures and nature necessitated appurtenances, except for damage caused by any act ordinary wear and tear or neglect beyond the reasonable control of Tenant; provided however, its contractorsthat, its servantsat Landlord’s option, agents or employees. if Tenant shall maintain service contracts with contractors approved by fails to make such repairs (after notice from Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Articlea reasonable opportunity to do so), the Landlord may, but need not, make such repairs and replacements, and Tenant shall not be obligated topay Landlord the cost thereof, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense including a percentage of the Tenant and cost thereof (to be uniformly established for the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon Building and/or the failure of the Tenant Project) sufficient to reimburse Landlord within five (5) days for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC 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 demand thereofsuch systems.

Tenant Repairs. (i) Tenant agrees that, from and after that during the commencement date of the full term of this lease and until the end of the termLease or any renewal thereof, it will, at its own expense, keep and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), the interior of the demised premises Leased Premises in good condition and every part thereofshall not let the Leased Premises and equipment, including fall out of repair, and that it will maintain the Leased Premises and equipment, and make repairs promptly as they become necessary. At commencement of this Lease, 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, all 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 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 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 the 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 expense, a service contract with a reputable heating, ventilating and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines service and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors repair firm approved by Landlord for the maintenance provision of such service and repairs to the heating and air condition systems throughout the term of this lease and Demised Premises, which shall provide Landlord with copies of all that such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall contract may not be obligated tocanceled, after materially changed or not less than five renewed without at least thirty (530) days additional advance written notice (except to Landlord at the address and in the case manner set forth in Section 25 hereof. A copy of emergency) make the necessary repair or cure the defective condition at the expense such contract shall be deposited with Landlord by Tenant promptly upon commencement of the Tenant Tenant's obligation to procure same, and the Tenant a copy of each replacement thereof shall reimburse be deposited with Landlord promptly upon request therefor. The amount Tenant's execution of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereofsame.

Tenant Repairs. (i) Tenant agrees thatshall, from and after the commencement date of at all times throughout the term of this lease Lease, including renewals and until the end of the term, it will, extensions and at its sole expense, keep and maintain the Premises in good ordera clean, safe, sanitary condition and repair (whether extraordinaryin compliance with all applicable laws, foreseen or unforeseen)codes, the interior of the demised premises ordinances, rules and every part thereof, including but not limited to, all regulations. Landlord shall install new replacement heating, ventilation and air conditioning equipment located in or servicing and shall assign all warranties to Tenant. Tenant's obligations hereunder shall include, but not be limited to, the demised premises (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 air conditioner compressorregular painting thereof, lines all exterior entrances, windows, doors and ducts which may 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 repairs made by the Tenant shall be located elsewhere equal in the building or on the land), interior plumbing up quality and class to the exterior walls original work. The Tenant shall keep and maintain all portions of the demised premisesPremises and the sidewalk and areas adjoining the same in a clean and orderly condition, including changes free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or additions neglects to maintain or repair the sprinkler system and interior electrical repairsPremises 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 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 plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In additionupon completion thereof, Tenant shall make pay to Landlord all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved costs plus ten percent (10%) for overhead incurred by Landlord for the maintenance in making such repairs upon presentation to Tenant of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contractsbill xxxrefor. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willshall, at its own cost and expense, keep clean, repair, maintain and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), replace the interior of the demised premises Premises and every part thereofany improvements, equipment and fixtures therein, including but not limited towithout limitation, all 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 sxxxx; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all interior electrical, interior plumbing, interior and exterior heating, ventilation ventilating, and air conditioning equipment located 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 fixtures and equipment inside the Premises whether or servicing not they were initially installed at Landlord's expense. Landlord warrants that the demised premises HVAC system shall be in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred ten percent (including 110%) of the air conditioner compressorcost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, lines Tenant will obtain a maintenance, repair and ducts which may be located elsewhere in the building or service contract on the land), interior plumbing up to the exterior walls HVAC system of the demised premisesPremises, including changes or additions said contract to the sprinkler system be on such terms and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, with such company as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated be reasonably approved by any act or neglect of Tenant, its contractors, its servants, agents or employeesLandlord. Tenant shall maintain service contracts with contractors approved by Landlord promptly place all of its refuse in the trash receptacles provided for the maintenance of the heating and air condition systems throughout the term of this lease purpose and shall provide Landlord with copies not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of all such contracts. (ii) If Tenant does not maintain kept, stored or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except maintained in the case of emergency) make Premises or the necessary repair or cure the defective condition Project 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 the Tenant waste products, garbage, refuse and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereoftrash.

Tenant Repairs. (i) Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willshall, at its own cost and expense, keep clean, repair, maintain and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), replace the interior of the demised premises Premises and every part thereofany improvements, equipment and fixtures therein, including but not limited towithout limitation, all 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 xxxxx; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all electrical, plumbing, interior and exterior heating, ventilation ventilating, and air conditioning equipment located and systems that exclusively 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 fixtures and equipment inside the Premises whether or servicing not they were initially installed at Landlord’s expense. All repairs, maintenance and/or replacements made by Tenant shall be at least equal in quality and class to the demised premises original work and/or fixtures and equipment. All repairs, maintenance and/or replacements made by Tenant that impact the roof or any structural elements of the Building must be approved by Landlord prior to any work being commenced. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement required to be done by Tenant that will impact the roof, the Building structure or that may impact the value of the Building and one hundred five percent (including 105%) of the air conditioner compressorcost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, lines Tenant will obtain, and ducts which may be located elsewhere in maintain throughout the building or Term, a quarterly maintenance, repair and service contract on the land)HVAC system serving the Premises, interior plumbing up said contract to be on such terms and with such company as shall be reasonably approved by Landlord. The service contract shall include all services recommended by the exterior walls of equipment manufacturer within the demised premises, including changes or additions operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty days following the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employeesCommencement Date. Tenant shall maintain service contracts promptly place all of its refuse in the trash receptacles provided for this purpose and shall 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 Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with contractors approved by Landlord for all present and future laws regarding the maintenance collection, sorting, separation and recycling of waste products, garbage, refuse and trash. Notwithstanding the foregoing, as of the heating Commencement Date, Landlord represents and air condition systems throughout warrants that the term HVAC system serving the Premises will be in good operating condition, as evidenced by a certificate of this lease and shall provide Landlord with copies of all such contractsinspection provided by Landlord’s HVAC contractor. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (ia) Tenant agrees that, from and after the commencement date Except for portions of the term Premises that Landlord is required to maintain, repair and replace under Section 9.01(a), Section 9.01(b) or the other terms of this lease and until the end of the termLease, it willincluding, at its expense, keep and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), the interior of the demised premises and every part thereof, including but not limited to, work that is Landlord’s responsibility under any warranty set forth herein, Tenant shall perform all heatingrepairs and maintenance required to keep the Premises in a reasonably good and clean condition and in working order and otherwise in compliance with the Incentive Agreements (including, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressorbut not limited to, interior walls, windows, Mechanical Systems, interior lighting, parking lot lights, parking areas, access drives, sidewalks, exterior utility lines and ducts which may be located elsewhere in the building or on the landfacilities, landscaping, storm water drainage, detention and/or retention facilities, and signage), interior plumbing up to the exterior walls of the demised premisesexcluding ordinary wear and tear, including changes damage caused by fire, casualty or additions to the sprinkler system and interior electrical repairsany Taking, and plate glass, excluding those repairs utility lines and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th belowfacilities to be maintained by any utility company. In addition, Tenant shall make all be responsible for (i) performing normal preventative maintenance to the roof of the Building substantially in accordance with the applicable manufacturer’s preventive maintenance requirements for said roof that are furnished to Tenant pursuant to Section 9.03, and (ii) necessary maintenance and repairs to the roof membrane and related insulation above the roof deck from and after the start of the second (2nd) Extension Period assuming Tenant exercises the second Extension Option. All repairs and maintenance that are Tenant’s responsibility under this Lease shall be completed in a good and workmanlike manner and in compliance with all Applicable Laws. If any repairs, maintenance or replacements are required as a result of any kind damage to the Premises caused by Landlord or its Affiliates, agents, employees, contractors or representatives, excluding ordinary wear and nature necessitated by any act tear and damage that is subject to the waiver set forth in Section 11.04, then Landlord shall reimburse Tenant for the third party actual, verifiable and reasonable cost of such repairs, maintenance or neglect replacements, within sixty (60) days of Landlord’s receipt of a written demand for the same from Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved accompanied by Landlord for the maintenance reliable evidence of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contractscosts for which reimbursement is sought. (iib) If Notwithstanding anything contained elsewhere in the Lease to the contrary, if (i) Tenant does not maintain or repair such elements as provided in this Articleshall replace any components of the Mechanical Systems (including, without limitation, any HVAC units serving the Landlord mayPremises) with Landlord’s prior approval, but which approval shall not be obligated tounreasonably withheld, conditioned or delayed, and (ii) if this Lease shall expire within three (3) years after replacement of said components of the Mechanical Systems, then, upon expiration of this Lease, Landlord shall pay to Tenant a sum equal to the unamortized balance of the cost of the replaced Mechanical Systems, which amortization shall be determined as of the date of such expiration, and such amortization shall be calculated on a ten (10) year straight line amortization commencing on the date of replacement. If Landlord does not less than five notify Tenant, in writing, of its objections to the replacement of any component of the Mechanical System (5including, without limitation, any HVAC unit) within fifteen (15) days additional notice (except after Tenant requests such approval, in writing, then Landlord shall be deemed to have approved such replacement. In the case event of emergency) make any dispute between Landlord and Tenant regarding the necessary repair or cure the defective condition at the expense of the Tenant and the need for such replacements, Tenant shall reimburse retain an engineer or contractor reasonably acceptable to Landlord promptly upon request therefor. The amount of to review the need for the same and such reimbursement engineer’s or contractor’s determination shall be considered additional rent upon final and binding on the failure of the Tenant to reimburse Landlord within five (5) days of demand thereofparties.

Tenant Repairs. (ia) Tenant agrees that, from and after the commencement date Except for portions of the term Premises that Landlord is required to maintain, repair and replace under Section 9.01(a), Section 9.01(b) or the other terms of this lease and until the end of the termLease, it willincluding, at its expense, keep and maintain in good order, condition and repair (whether extraordinary, foreseen or unforeseen), the interior of the demised premises and every part thereof, including but not limited to, work that is Landlord’s responsibility under any warranty set forth herein, Tenant shall perform all heatingrepairs and maintenance required to keep the Premises in a reasonably good and clean condition and in working order and otherwise in compliance with the Incentive Agreements (including, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressorbut not limited to, interior walls, windows, Mechanical Systems, interior lighting, parking lot lights, parking areas, access drives, sidewalks, exterior utility lines and ducts which may be located elsewhere in the building or on the landfacilities, landscaping, storm water drainage, detention and/or retention facilities, and signage), interior plumbing up to the exterior walls of the demised premisesexcluding ordinary wear and tear, including changes damage caused by fire, casualty or additions to the sprinkler system and interior electrical repairsany Taking, and plate glass, excluding those repairs utility lines and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th belowfacilities to be maintained by any utility company. In addition, Tenant shall make all be responsible for (i) performing normal preventative maintenance to the roof of the Building substantially in accordance with the applicable manufacturer’s preventive maintenance requirements for said roof that are furnished to Tenant pursuant to Section 9.03, and (ii) necessary maintenance and repairs to the roof membrane and related insulation above the roof deck from and after the start of the second (2nd) Extension Period assuming Tenant exercises the second Extension Option. All repairs and maintenance that are Tenant’s responsibility under this Lease shall be completed in a good and workmanlike manner and in compliance with all Applicable Laws. If any repairs, maintenance or replacements are required as a result of any kind damage to the Premises caused by Landlord or its Affiliates, agents, employees, contractors or representatives, excluding ordinary wear and nature necessitated by any act tear and damage that is subject to the waiver set forth in Section 11.04, then Landlord shall reimburse Tenant for the third party actual, verifiable and reasonable cost of such repairs, maintenance or neglect replacements, within sixty (60) days of Landlord’s receipt of a written demand for the same from Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved accompanied by Landlord for the maintenance reliable evidence of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contractscosts for which reimbursement is sought. (iib) If Notwithstanding anything contained elsewhere in the Lease to the contrary, if (i) Tenant does not maintain or repair such elements as provided in this Articleshall replace any components of the Mechanical Systems (including, without limitation, any HVAC units serving the Landlord mayPremises) with Landlord’s prior approval, but which approval shall not be obligated tounreasonably withheld, conditioned or delayed, and (ii) if this Lease shall expire within three (3) years after replacement of said components of the Mechanical Systems, then, upon expiration of this Lease, Landlord shall pay to Tenant a sum equal to the unamortized balance of the cost of the replaced Mechanical Systems, which amortization shall be determined as of the date of such expiration, and such amortization shall be calculated on a ten (10) year straight line amortization commencing on the date of replacement. If Landlord does not less than five notify Tenant, in writing, of its objections to the replacement of any component of the Mechanical System (5including, without limitation, any HVAC unit) within fifteen (15) days additional notice (except after Tenant requests such approval, in writing, then Landlord shall be deemed to have approved such replacement. In the case event of emergency) make any dispute between Landlord and Xxxxxx regarding the necessary repair or cure the defective condition at the expense of the Tenant and the need for such replacements, Tenant shall reimburse retain an engineer or contractor reasonably acceptable to Landlord promptly upon request therefor. The amount of to review the need for the same and such reimbursement engineer’s or contractor’s determination shall be considered additional rent upon final and binding on the failure of the Tenant to reimburse Landlord within five (5) days of demand thereofparties.

Tenant Repairs. (i) Tenant agrees thatshall, from and after the commencement date of at all times throughout the term of this lease Lease, including renewals and until the end of the termextensions, it will, and at its sole expense, keep and maintain the Premises in good ordera clean, safe, sanitary and first class condition and repair (whether extraordinaryin compliance with all applicable laws, foreseen or unforeseen)codes, the interior of the demised premises ordinances, rules and every part thereofregulations, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, that Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but 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 repairs made by the Tenant shall be equal in quality and class to the original 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 not less than the five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense 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 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 reimburse pay to Landlord promptly all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon request presentation to Tenant of xxxx therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willTenant, at its own cost and expense, keep and maintain in good ordershall perform such maintenance, condition and repair (whether extraordinary, foreseen or unforeseen), the interior of the demised premises and every part thereof, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided are required to keep the Leased Premises in paragraph 49th belowgood condition. In addition, Tenant shall make keep a log of maintenance work and shall only use third party vendors to provide maintenance that have been approve in advance by Landlord. Tenant, at its own cost expense, shall also repair or replace any damage to all repairs and replacements or any part of any kind and nature necessitated the Leased Premises and/or the Property, caused by any act or neglect omission of Tenant or Tenant's agents, its contractorsemployees, its servantsinvitees, agents licensees or employeesvisitors. At the termination of this Lease, by lapse of time or otherwise, Tenant shall maintain service contracts deliver the Leased Premises to Landlord in as good condition as existed at the Commencement Date of this Lease, ordinary wear and tear and damage by fire or other casualty excepted. Without limiting the foregoing, Tenant shall be responsible all asbestos and or lead-based paint inspections, work practices, and disposal associated with contractors approved by Landlord for the maintenance any operations, repairs, maintenance, alterations and or improvements subject to Title II of the heating Toxic Substance Control Act, The Asbestos Hazard Emergency Response Act (AHERA),the National Emission Standards for Hazardous Air Pollutants, Occupational Safety and air condition systems throughout Health Administration Asbestos and Lead standards, the term of this lease USEPA Lead Renovation Rule and or Mecklenburg County Air Quality regulations. As soon as reasonably possible after receipt thereof, and in any event prior to commencing any inspections, work plans or disposals, Tenant shall provide Landlord with copies of all related drawings, work plans, sampling results, and or permits. Landlord has provided Tenant with copies of its most current asbestos AHERA inspection data. Tenant shall contract such contracts. (iiservices from others qualified to provide said services. Additionally, if the subject facility has existing playground(s) If the Tenant does not maintain will either accept responsibility for year-round maintenance of the playground(s) or repair such elements as provided in this Articlethe playgrounds will be removed by the Landlord prior to occupancy. Maintenance shall comply with the Consumer Product Safety Commission Publication Number 325 Handbook for Public Playground Safety, the Landlord mayASTM Standard 1487 Safety Performance Specification for Playground Equipment for Public Use, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the if applicable North Carolina Administrative Code Title 10A Chapter 9 Section .0605 and North Carolina Administrative Code Title 10A Chapter 41C Section .0900. Tenant shall reimburse Landlord promptly upon request therefor. The amount of contract such reimbursement shall be considered additional rent upon the failure of the Tenant services from others qualified to reimburse Landlord within five (5) days of demand thereofprovide said services.

Tenant Repairs. (i) At Tenant’s sole cost and expense, whether or not Tenant agrees that, from and after the commencement date is in occupancy of all of the term of this lease Buildings, Tenant shall maintain and until the end keep all of the termBuildings on the Premises and the adjoining sidewalks, it willcurbs and common areas and any alterations or improvements thereto, at its expenseif any, keep clean and maintain in good order, condition and repair (whether extraordinaryrepair, foreseen or unforeseen)normal wear and tear excepted, the interior free of the demised premises accumulations of dirt, rubbish, snow and every part thereof, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairsice, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements replacements, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, 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 entitled to reimbursement for any kind and such repairs that are of a capital nature necessitated (as reasonably determined by any act or neglect of Tenant, subject to approval by Landlord in its contractorsreasonable 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 in compliance with all Requirements and Applicable Laws. Landlord shall not be required to furnish any services or facilities or to maintain or make any repairs or alterations to the Premises, its servantsand Tenant hereby assumes the full and sole responsibility for the condition, agents operation, repair, replacement, maintenance and management of the Premises and all costs and expenses incidental thereto, including adequate security for each of the Buildings, whether or employeesnot Tenant is then occupying each of the Buildings. Tenant shall have the roofs inspected annually at Tenant’s expense and deliver copies of any inspection and maintenance reports to Landlord upon receipt. Tenant shall, at its sole cost and expense, repair, replace and maintain service contracts the roof in good condition and repair. Notwithstanding the foregoing 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 contractors approved by Landlord for such higher standard. In performing the maintenance obligations set forth in this Section, Tenant shall be permitted to cause the Operating Subtenant that occupies the portion of the heating and air condition systems throughout Premises covered by the term applicable Operating Sublease to perform the obligations of this lease and shall provide Landlord with copies Tenant on behalf of all such contractsTenant. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Tenant agrees thatshall, from and after the commencement date of at all times throughout the term of this lease Lease, including renewals and until the end of the termextensions, it will, and at its sole expense, keep and maintain the Premises in good ordera clean, safe and sanitary condition in compliance with all applicable laws, codes, ordinances, rules and repair (whether extraordinaryregulations, foreseen or unforeseen)except as may otherwise be provided in Sections 5.1 and 5.2 hereof. Tenant's obligations hereunder shall include, the interior of the demised premises and every part thereof, including but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation ventilation, air conditioning, lighting and air conditioning equipment located 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 servicing renewals when necessary, and all such repairs made by the demised premises (including the air conditioner compressor, lines Tenant shall be equal in quality and ducts which may be located elsewhere in the building or on the land), interior plumbing up class to the exterior walls original work. The Tenant shall keep and maintain all portions of the demised premisesPremises in a clean and orderly condition, including changes or additions to the sprinkler system free of accumulation of dirt and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employeesrubbish. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If acknowledges that Tenant does not maintain or repair such elements as provided in this Article, the Landlord 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 required in this Lease after not less than five notice shall have been given Tenant, in accordance with this Lease, Landlord may make such 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 reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus ten percent (510%) days additional notice (except for overhead incurred by Landlord in making such repairs upon presentation to Tenant of xxxx therefor. Landlord warrants the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and HVAC equipment during the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure first year of the Tenant to reimburse Landlord within five (5) days of demand thereoflease term.

Tenant Repairs. (i) Tenant agrees thatshall, from and after the commencement date of at all times throughout the term of this lease Lease, including renewals and until the end of the termextensions, it will, and at its sole expense, keep and maintain the Premises in good ordera clean, safe, sanitary and first class condition and repair (whether extraordinaryin compliance with all applicable laws, foreseen or unforeseen)codes, the interior of the demised premises ordinances, rules and every part thereofregulations, including but not limited to, all heating, ventilation and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressor, lines and ducts which may be located elsewhere in the building or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, that Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but 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 repairs made by the Tenant shall be equal in quality and class to the original 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 not less than the five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense 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 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 reimburse pay to Landlord promptly all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon request presentation to Tenant of bill therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it willshall, at its sole cost and expense, keep maintain, repair and maintain replace all other parts of the Premises in good orderrepair and condition, condition and repair (whether extraordinaryincluding, foreseen or unforeseen), the interior of the demised premises and every part thereof, including but not limited to, all heating, ventilation ventilating and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressorsystems, lines down spouts, fire sprinkler system, dock bumpers, lawn maintenance, pest control and ducts which may be located elsewhere in extermination, trash pick up and removal, and painting the building or on the land), interior plumbing up to the and exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th belowdoors. In addition, Tenant shall make all repairs repair and replacements of pay for any kind and nature necessitated damage caused by any act or neglect 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, its contractorslawn maintenance, its servantspainting and trash pick-up and removal; Xxxxxx agrees to pay Landlord, agents as Additional Rent, Xxxxxx's pro-rata share of the cost of such services within ten (10) days from receipt of Landlord's invoice, or employees. Landlord may by monthly invoice direct Tenant shall maintain service contracts with contractors approved by Landlord to prepay the estimated costs for the current calendar year, and such amount shall be adjusted annually. If the Premises are served by railroad, Xxxxxx agrees, if requested by the railroad, to enter into a joint maintenance agreement with the railroad and bear its pro-rata share of the heating cost of maintaining the railroad spur. If Tenant fails to make the repairs or replacements, the cost of such repairs and air condition systems throughout the term of this lease replacement shall be charged to tenant as Additional Rent and shall provide Landlord with copies of all such contracts. become due and payable by Tenant within ten (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (510) days additional notice (except in from receipt of Landlord's invoice. Costs incurred under this section are the case total responsibility of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereofdo not constitute Operating Expenses under section2.2.

Tenant Repairs. (i) Tenant agrees thatshall, from and after at all times throughout the commencement date of the term Term of this lease Lease, including renewals and until the end of the termextensions, it will, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and good order, condition and repair (whether extraordinaryin compliance with all applicable laws, foreseen or unforeseen)codes, the interior of the demised premises ordinances, rules and every part thereofregulations. Tenant’s obligations hereunder shall include, including but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation ventilation, air conditioning, lighting and air conditioning equipment located in or servicing plumbing fixtures that solely serve the demised premises (Premises and equipment, fixtures, motors and machinery solely serving the Premises, all interior walls, partitions, doors and windows, including the air conditioner compressorregular painting thereof, lines all exterior entrances, windows, doors and ducts which may 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 repairs made by the Tenant shall be located elsewhere equal in the building or on the land), interior plumbing up quality and class to the exterior walls original work. The Tenant shall keep and maintain all portions of the demised premisesPremises and the sidewalk and areas adjoining the same in a clean and orderly condition, including changes or additions to the sprinkler system free of accumulation of dirt, rubbish, snow and interior electrical repairs, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th belowice. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not fails, refuses or neglects to maintain or repair such elements the Premises as provided required in this Article, the Landlord may, but shall not be obligated to, Lease after not no less than thirty (30) days notice shall have been given Tenant, in accordance with this Lease, Landlord may make such 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 reason thereof, except for Landlord’s gross negligence or willful misconduct to the extent affected by Section 7.4 below, and upon completion thereof Tenant shall pay to Landlord all costs plus five percent (5%) days additional notice (except for overhead incurred by Landlord in the case making such repairs upon presentation to Tenant of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request xxxx therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. (i) Tenant agrees thatshall, from and after the commencement date of at all times throughout the term of this lease Lease, including renewals and until the end of the term, it willextensions, at its sole expense, keep and maintain the Premises in good ordera clean, safe, sanitary and first class condition and repair (whether extraordinaryin compliance with all applicable laws, foreseen or unforeseen)codes, the interior of the demised premises ordinances, rules and every part thereofregulations. Except as provided in Section 5.1 above, including Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation ventilation, air conditioning, lighting and air conditioning equipment located in or servicing the demised premises (plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the air conditioner compressorregular painting thereof, lines all exterior entrances, windows, doors and ducts which may 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 repairs made by the Tenant shall be located elsewhere equal in the building or on the land), interior plumbing up quality and class to the exterior walls original work. The Tenant shall keep and maintain all portions of the demised premisesPremises and the sidewalk and areas adjoining the same in a clean and orderly condition, including changes free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or additions neglects to maintain or repair the sprinkler system Premises as required in this Lease after notice shall have been given Tenant and interior electrical repairsprovided such failure shall continue beyond any applicable cure period, in accordance with this Lease, Landlord may make such 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 reason thereof, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In additionupon completion thereof, Tenant shall make pay to Landlord all repairs and replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved costs plus fifteen percent (15%) for overhead incurred by Landlord for the maintenance in making such repairs upon presentation to Tenant of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contractsxxxx therefor. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of the Tenant and the Tenant shall reimburse Landlord promptly upon request therefor. The amount of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereof.

Tenant Repairs. Tenant, at its sole cost and expense, will be responsible for all repairs, maintenance and replacements to the Leased Premises, including without limitation the Building, the Parking Garage and the Property and further including without limitation any structural repairs, the roof and the foundation (collectively all such maintenance, repairs and replacements, “Repairs”), except to the extent of the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord and Tenant acknowledge and agree that Tenant’s obligations and responsibilities for Repairs includes without limitation (i) Tenant agrees thatany and all pre-existing conditions and past problems at the Leased Premises, from (ii) all structural issues, construction defects, improper drainage issues and after the commencement date any and all other conditions of the term Leased Premises, and (iii) those matters more particularly set forth on Exhibit C, attached hereto and by this reference incorporated herein. Tenant will be responsible for all repairs, maintenance and replacements of this lease Tenant’s personal property and until betterments and Tenant’s fixtures installed or located in the end of the term, it Leased Premises. Tenant will, at its Tenant’s sole cost and expense, keep and maintain the Leased Premises in good order, condition and repair (whether extraordinaryrepair, foreseen or unforeseen)including, the interior of the demised premises and every part thereof, including but not limited towithout limitation, all heatingceilings, ventilation walls and air conditioning equipment located in or servicing the demised premises (including the air conditioner compressorfloors, lines all doors and ducts which may be located elsewhere in the building plate glass windows, furnishings installed within or on the land), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system and interior electrical repairsLeased Premises, and plate glass, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in paragraph 49th below. In addition, Tenant shall make all repairs and replacements of any kind and nature necessitated equipment installed by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the heating and air condition systems throughout the term of this lease and shall provide Landlord with copies of all such contracts. (ii) If Tenant does not maintain or repair such elements as provided in this Article, the Landlord may, but shall not be obligated to, after not less than five (5) days additional notice (except in the case of emergency) make the necessary repair or cure the defective condition at the expense of Tenant or Landlord, all elevators, plumbing, heating, ventilating, electrical and lighting facilities and fixtures, all landscaping, parking lots, fences and signs located within or on the Leased Premises and all signs of Tenant located on the Common Areas, and all structural components of the Leased Premises, the foundations, all parking lots and garages, and the roof of the Building and the Parking Garage and other improvements, normal wear and tear and damage by insured casualty or condemnation excepted. Tenant shall reimburse understands and acknowledges that except as expressly provided in Paragraph 14.D below (a) Tenant is absolutely and solely responsible for all maintenance, repair and replacements to the Leased Premises, including without limitation all components thereof (including without limitation the Building and the Parking Garage and other improvements), and (b) this Lease is a net lease to Landlord promptly and Landlord has no maintenance, repair, restoration, alteration or reconstruction obligations hereunder in any way whatsoever, except as expressly set forth and allocated to Landlord in this Lease. Any Repairs that (i) affect any Building systems (including without limitation, electrical, gas, plumbing, HVAC and elevators) (“Building Systems”), the roof of the Building or the Parking Garage, the foundation of the Building or the Parking Garage or are structural in nature or (ii) cost $250,000 or more in any one instance or in a series of instances related to the same Repair can only be made after first receiving the prior written consent of Landlord, and Tenant will immediately notify Landlord of any such matter, which consent will be granted or withheld in Landlord’s reasonable discretion, and which consent may be conditioned upon request thereforsuch requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the insurance carried by such contractor. The amount Leased Premises will at all times be maintained and all Repairs will at all times be equal to or better than the Building Standard. All Repairs made to the Leased Premises by Tenant will become the property of such reimbursement shall be considered additional rent upon the failure of the Tenant to reimburse Landlord within five (5) days of demand thereofLandlord.