Common use of Tenants Acceptance and Maintenance of Premises Clause in Contracts

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTS. Tenant shall have thirty (30) days from its occupancy of the Premises to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences Tenant's acceptance "where is" and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date. Landlord makes no representation or warranty as to the condition or suitability of the Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as received, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and other matters for which Tenant is not responsible hereunder. Tenant, however, shall make no structural or exterior alterations of the Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at Tenant's sole cost and expense, ordinary wear and tear only excepted. All alterations and improvements to the Premises, whether undertaken by Tenant or Landlord, other than the Tenant Improvements (which are subject to a separate construction management fee as described in Section 1 herein), shall be subject to a fee (the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLANDLORD’S DUTIES AND RIGHTS. Tenant shall have thirty (30) days from its Tenant, on occupancy of the Premises to notify Landlord of any patent construction defectsPremises, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's ’s intended use, and evidences constitutes Tenant's ’s acceptance "where is" and "“AS IS”, Table of Contents subject to incomplete items about which Tenant notifies Landlord for which Landlord is responsible as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Dateprovided herein. Landlord makes no representation or warranty as to shall diligently and immediately pursue the condition or suitability completion of the Premisessuch incomplete items. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary reasonable wear and tear and other matters for which damage by insured casualty only excepted. Tenant shall: (i) keep the Premises and fixtures in good order; (ii) make repairs and replacements to the Premises or Building needed because of Tenant’s misuse or negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant’s request that serve the Premises only, except (A) to the extent the repairs or replacements are needed because of Landlord’s misuse or negligence, but not then if covered by Tenant’s insurance or the insurance Tenant is required to carry under this Lease; or (B) if the Lease is ended because of casualty loss or condemnation; and (iv) not responsible hereundercommit waste. Tenant, however, shall make no structural or exterior interior alterations of the Premises which are not in compliance with all then existing applicable codes, ordinances, laws and regulations, and no alterations may be made without Landlord's ’s prior written consent, which consent will not to be unreasonably withheld or delayed, and any withheld. Any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect Tenant shall provide Landlord with at least ten (10) business days’ advance written notice of the commencement of any such alterations to interior the Premises, and upon receipt of written approval from Landlord, these alterations (other than minor, nonstructural alterations of a cosmetic nature) shall be deemed to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premisespermitted. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry workmen’s compensation and general public liability insuranceinsurance reasonably satisfactory to Landlord, and copies certificates of certificates evidencing same which shall be furnished Landlordto Landlord prior to commencement of any such work. At no time may Tenant shall never do any work that which results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not cause any lien filed against Tenant’s interest in the Premises to be required either cancelled or released pursuant to remove NCGS 44A-16 within thirty (30) days after such an alteration lien has been filed. On termination of this Lease, or improvement from vacation of the Premises. If removal is requiredPremises by Tenant, Tenant shall remove restore the specified alteration or improvement Premises at Tenant's ’s sole cost and expenseexpense to the same condition as existed at the commencement of the Initial Lease Term, ordinary wear and tear and damage by insured casualty only excepted. All Landlord, however, may elect to require Tenant to leave alterations and improvements to the Premises, whether undertaken made by Tenant or Landlord, other than unless at the Tenant Improvements (which are subject to a separate construction management fee as described time of such alterations Landlord agreed in Section 1 herein), shall writing they could be subject to a fee (the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:removed upon expiration of this Lease.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTS. Tenant shall have thirty (30) days from its Tenant, on occupancy of the Premises to notify Landlord of any patent construction defectsPremises, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises them to be as represented by the Landlord and satisfactory for Tenant's intended use, and such occupancy evidences Tenant's acceptance "where isAS IS." and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date. Landlord makes no representation or warranty as to the condition or suitability of the said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make make, at Tenant's sole cost and expense expense, such replacements, restorations, renewals or repairs, in quality equivalent to or better than the original work replacedwork, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and other matters for which Tenant is not responsible hereunderonly excepted. Tenant, however, shall make no structural or exterior alterations of interior alterations, additions or improvements to the Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insuranceinsurance in form and content satisfactory to the Landlord, and copies certificates of certificates evidencing same which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration All alterations, additions or improvementimprovements (including, but not limited to, floor covering, wall covering, wall and unless removal is required ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at for Tenant's sole cost and expense, ordinary wear and tear only excepted. All alterations and improvements benefit to the Premises, whether undertaken shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant's expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant's benefit, upon the expiration or earlier termination of this Lease; and (ii) to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, other whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant's agents, servants, employees, licensees or visitors, the Tenant Improvements (which are subject shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant's business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a separate construction management fee penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as described in Section 1 herein)fixed by said Exchange, shall be subject to a fee (or by any fire insurance company, Tenant shall, at the "Construction Management Fee")Tenant's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant agrees shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant's expense of special reinforcings and settings adequate to pay Landlord carry the Construction Management Fee as follows:additional weight and to absorb and prevent noise and vibration.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLANDLORD'S DUTIES AND RIGHTS. Tenant shall have thirty (30) days from its Tenant's occupancy of the Premises is Tenant's acknowledgment to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences constitutes Tenant's acceptance "where as is" expressly subject, however, to the terms and "as is," except for latent defects in the construction provisions of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement DateWorkletter attached hereto. Landlord otherwise makes no representation or warranty as to the condition or suitability of said Premises except the same shall be delivered to Tenant in accordance with all applicable codes, laws, and regulations. During Tenant's move-in, a representative of Tenant must be on-site with Tenant's moving company to insure proper treatment of the Building and the Premises. Elevators in multi-story office buildings must remain in use for the general public during business hours as defined herein in SECTION 5. Any specialized use of elevators must be coordinated with Landlord's property manager. Tenant must properly dispose of all packing material and refuse in accordance with the Rules and Regulations. Any damage or destruction to the Building or the Premises due to moving will be the sole responsibility of Tenant. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and damage by casualty excepted. The delivery of a key or other matters for which Tenant is not responsible hereunder. Tenant, however, shall make no structural or exterior alterations such tender of possession of the Premises to Landlord or to an employee of Landlord shall not operate as a termination of this Lease or a surrender of the Premises except upon written notice by Landlord. Tenant shall: (i) keep the Premises and fixtures in good order; (ii) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant's request and that serve the Premises only, except if this Lease is ended because of casualty loss or condemnation; and (iv) not commit waste. Tenant may make non-structural alternations or modifications costing Five Thousand and 00/100 Dollars ($5,000.00) or less without the necessity of Landlord's consent, but agrees to give notice to Landlord of such alterations or modifications. Alterations or modifications costing in excess of Five Thousand and 00/100 Dollars ($5,000.00) may only be made upon Landlord's prior written consentapproval based upon plans and specifications provided to Landlord by Tenant, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written which approval of Landlord which shall not be unreasonably withheld withheld, conditioned or delayed and provided Tenant is not in default hereunder beyond any applicable cure perioddelayed. On termination of this Lease or vacation of the Premises by Tenant, Tenant may make interior alterations required for Tenant's businessshall, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at Tenant's sole cost and expense, ordinary wear and tear and damage by insured casualty only excepted. All alterations and improvements to the Premises, whether undertaken by Tenant or Landlord, other than the Tenant Improvements (which are subject to a separate construction management fee as described in Section 1 herein), shall be subject to a fee (the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:,

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTS. Tenant shall have thirty (30) days from its or occupancy of the Demised Premises to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises them to be as represented by the Landlord and satisfactory for TenantXxxxxx's intended use, and evidences TenantXxxxxx's acceptance "where is" and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date". Landlord makes no representation or warranty as to the condition or suitability of the said Demised Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Demised Premises (excluding exterior drives, walks and parking areas and common areas in the Building building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to or better than the original work replaced, as may be reasonably required to so maintain the same, excepting only same ordinary wear and tear and other matters for which Tenant is not responsible hereunderonly excepted. Tenant, however, shall make no structural or exterior interior alterations of the Demised Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants Tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premisesbuilding. Tenant shall not at any time permit any work to be performed on the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, and copies certificates of certificates evidencing same which shall be furnished by Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required if requested by Landlord when Landlord's approval on termination of a proposed Tenant alteration the lease or improvement is originally made vacation of the Premise by Xxxxxx. Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement restore at TenantXxxxxx's sole cost and expenseexpense the premises to the same condition as existed at the commencement of the term, ordinary wear and tear only excepted. All alterations and improvements to the Premises, whether undertaken by Tenant or Landlord, other than the however, may elect to require Tenant Improvements (which are subject to a separate construction management fee as described in Section 1 herein), shall be subject to a fee (the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:leave alterations performed by it.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTS. Tenant shall have thirty (30) days from its Tenant, on occupancy of the Premises to notify Landlord of any patent construction defectsPremises, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises them to be as represented by the Landlord and satisfactory for Tenant's ’s intended use, and such occupancy evidences Tenant's ’s acceptance "where is" and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date. “AS IS.” Landlord makes no representation or warranty as to the condition or suitability of the said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make make, at Tenant's ’s sole cost and expense expense, such replacements, restorations, renewals or repairs, in quality equivalent to or better than the original work replacedwork, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and other matters for which Tenant is not responsible hereunderonly excepted. Tenant, however, shall make no structural or exterior alterations of interior alterations, additions or improvements to the Premises without Landlord's ’s prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insuranceinsurance in form and content satisfactory to the Landlord, and copies certificates of certificates evidencing same which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration All alterations, additions or improvementimprovements (including, but not limited to, floor covering, wall covering, wall and unless removal is required ceiling lighting fixtures, carpet, drapes and drapery hardware) made or installed by Tenant or by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at for Tenant's sole cost and expense, ordinary wear and tear only excepted. All alterations and improvements ’s benefit to the Premises, whether undertaken shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant’s expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant’s benefit, upon the expiration or earlier termination of this Lease; and (ii) to repair all injury done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, other whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant’s agents, servants, employees, licensees or visitors, the Tenant Improvements (which are subject shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant’s business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a separate construction management fee penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as described in Section 1 herein)fixed by said Exchange, shall be subject to a fee (or by any fire insurance company, Tenant shall, at the "Construction Management Fee")Tenant’s expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant agrees shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant’s expense of special reinforcings and settings adequate to pay Landlord carry the Construction Management Fee as follows:additional weight and to absorb and prevent noise and vibration.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLANDLORD'S DUTIES AND RIGHTS. Tenant shall have thirty (30) days from its on occupancy of the Premises to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences constitutes Tenant's acceptance "where is" and "as is,." except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date. Landlord makes no representation or warranty as to the condition or suitability of the said Premises. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and other matters for damage by casualty excepted. Tenant shall: (a) keep the Premises and fixtures in good order; (b) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (c) repair and replace special equipment or decorative treatments above Building Standard installed by or at Tenant's request and that serve the Premises only, except (A) to the extent the repairs or replacements are needed because of Landlord's misuse or primary negligence, which are not covered by Tenant's insurance, or the insurance Tenant is required to carry under this Lease, whichever coverage is greater, or (B) if this Lease is ended because of casualty loss or condemnation; and (d) not responsible hereundercommit waste. Tenant, however, shall make no structural or exterior interior alterations of the Premises without Premises. If Tenant requires alterations, Tenant shall provide Landlord's prior written consentmanaging agent with a complete set of construction drawings, not and such agent shall then determine the actual cost of the work to be unreasonably withheld done (to include a construction supervision fee of 5% to be paid to Landlord's managing agent). Tenant may then either agree to pay Landlord to have the work done or delayedwithdraw its request for alterations. If requested by Landlord on termination of this Lease or vacation of the Premises by Tenant, and any work performed by Tenant shall be done in a good and workmanlike mannerrestore the Premises, and so at Tenant's sole expense, to the same condition as not to unreasonably disturb or inconvenience other tenants in existed at the Building. With respect to interior alterations (other than minor, nonstructural alterations commencement of a cosmetic nature) to be undertaken during the term of this Leaseterm, subject to the prior written approval provisions of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, this Section Seven of the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at Tenant's sole cost and expenseLease, ordinary wear and tear and damage by insured casualty only excepted. All Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord agreed in writing they could be removed on expiration of this Lease. Upon the termination of this Lease for any purpose or the vacating of Suite 102 of the Premises by Tenant, Tenant shall, upon the written request of Landlord, remove the lab equipment that has been installed in Suite 102 and improvements restore the Suite so that it can be used for standard office space. Items to be removed will include specialized equipment and associated electrical, plumbing and mechanical items, specialized ceiling tile, floor coverings and lighting, as well as, walls that are not Building-standard or representative of standard office space. This provision shall not require Tenant to add any walls, except as may be needed to repair areas where walls are required to be removed. Except for repairs and replacements that Tenant must make under this Xxxxxxxxx 0, Xxxxxxxx shall pay for and make all other repairs and replacements to the Premises, whether undertaken common areas and Building (including Building fixtures and equipment). Except for non-standard items installed for Tenant's sole use, Landlord shall make the repairs and replacements to maintain the Building in a condition comparable to other first class office buildings in the Metropolitan area where the Premises are located. This maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural components, and all exterior (outside of walls) systems, such as mechanical, electrical, HVAC, and plumbing. Repairs or replacements required under Paragraph 7 shall be made within a reasonable time (depending on the nature of the repair or replacement needed) after receiving notice from Tenant or having actual knowledge of the need for a repair or replacement. Notwithstanding anything to the contrary set forth above in this Paragraph 7, if Tenant does not perform its maintenance obligations in a timely manner as set forth in this Lease, commencing the same within five (5) days of receipt of notice from Landlord specifying the work needed and thereafter diligently and continuously pursuing completion of unfulfilled maintenance obligations, Landlord shall have the right, but not the obligation, to perform such maintenance, and any amounts so expended by Landlord shall be paid by Tenant to Landlord within thirty (30) days after demand, with interest at the maximum rate allowed by law (or Landlordthe rate of fifteen percent (15%) per annum, other than whichever is less) from the Tenant Improvements (which are subject to a separate construction management fee as described in Section 1 herein), shall be subject to a fee (date of expenditure through the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:date paid.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLIENS; LANDLORD'S DUTIES AND RIGHTS. Tenant shall have thirty (30) days from its Tenant's occupancy of the Premises is Tenant's representation to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences constitutes Tenant's acceptance "as is," "where is" and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Datewith all faults. Landlord makes no representation or warranty as to the condition or suitability of said Premises. During Tenant move-in, the representative of the Tenant must be on-site with any moving company to insure proper treatment of the Premises. Elevators and multi-story office buildings must remain in use for the general public during business hours. Any specialized use of elevators must be coordinated with the Landlord's Property Manager. All packing material and refuse must be properly disposed of. Any damage or destruction due to moving will be the sole responsibility of the Tenant. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and damage by insured casualty excepted. The delivery of key or other matters for such tender of possession of the Premises to Landlord or to an employee of Landlord shall not operate as a termination of this Lease or a surrender of the Premises except upon written notice by Landlord. Tenant shall: (a) keep the Premises and fixtures in good order; (b) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (C) repair and replace special equipment or decorative treatments above Building standard installed by or at Tenant's request and that serve the Premises only, except (A) to the extent the repairs or replacements are needed because of Landlord's misuse or primary negligence, which are not covered by Tenant's insurance, or the insurance Tenant is required to carry under this Lease, whichever coverage is greater, or (B) if this Lease is ended because of casualty loss or condemnation; and (d) not responsible hereundercommit waste. Tenant, however, shall make no structural or exterior interior alterations of the Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is requiredTenant requires alterations, Tenant shall remove provide Landlord's managing agent with a complete set of construction drawings, and such agent shall then determine the specified alteration actual cost of the work to be done (to include a construction supervision fee of 5% to be paid to Landlord's managing agent). Tenant may then either agree to pay Landlord to have the work done or improvement withdraw its request for alterations. If requested by Landlord on termination of this Lease or vacation of the Premises by Tenant, Tenant shall restore the Premises, at Tenant's sole cost and expense, to the same condition as existed at the commencement of the Lease Term, ordinary wear and tear and damage by insured casualty only excepted. All Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord agreed in writing they could be removed on expiration of this Lease. Except for repairs and improvements replacements that Tenant must make under this PARAXXXXX 0, Xxxxxxxx xxxll pay for and make all other repairs and replacements to the Premises, whether undertaken by Tenant or Landlord, other than the Tenant Improvements common areas and Building (which are subject to a separate construction management fee as described in Section 1 herein), shall be subject to a fee (the "Construction Management Fee"including Building fixtures and equipment). Tenant agrees shall keep the Premises and the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any claim of lien or other lien be filed against the Premises or the Building by reason of any act or omission of Tenant or any of Tenant's agents, employees, contractors or representatives, Tenant shall cause the same to pay be canceled and discharged of record by bond or otherwise within ten (10) days after the filing thereof. Should Tenant fail to discharge such lien within such ten (10) day period, Landlord may discharge the Construction Management Fee same, in which event Tenant shall reimburse Landlord, on demand, as follows:Additional Rent, for the amount of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. Tenant shall have no power to do any act or make any contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. Except for non-standard items installed for Tenant's sole use, Landlord shall make the repairs and replacements to maintain the Building in a condition comparable to other first class office buildings in the Metropolitan area where the Premises are located. This maintenance shall

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLANDLORD'S DUTIES AND RIGHTS. Tenant shall have thirty (30) days from its Subject to the terms of the attached Work Letter, if any, Tenant's occupancy of the Premises is Tenant's representation to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences constitutes Tenant's acceptance "where is" and "as is," except for ", latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Dateexcepted. Landlord makes no representation or warranty as to the condition or suitability of said Premises. During Tenant's move-in, a representative of Tenant must be on-site with Tenant's moving company to insure proper treatment of the Building and the Premises. Elevators in multi-story office buildings must remain in use for the general public during business hours as defined herein in SECTION 5. Any specialized use of elevators must be coordinated with Landlord's property manager. Tenant must properly dispose of all packing material and refuse in accordance with the Rules and Regulations. Any damage or destruction to the Building or the Premises due to moving will be the sole responsibility of Tenant. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and damage by casualty excepted. The delivery of a key or other matters for which such tender of possession of the Premises to Landlord or to an employee of Landlord shall not operate as a termination of this Lease or a surrender of the Premises except upon written notice by Landlord. Tenant shall: (i) keep the Premises and fixtures in good order; (ii) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence, unless coverable under insurance policies required to be carried by Landlord hereunder; (iii) repair and replace special equipment or decorative treatments installed by or at Tenant's request and that serve the Premises only, except if this Lease is ended because of casualty loss or condemnation; and (iv) not responsible hereundercommit waste. Tenant, however, shall make no structural or exterior alterations of the Premises without Landlord's prior written consent. If Tenant requires alterations, not and Landlord's consent is required, Tenant shall provide Landlord's managing agent with a complete set of construction drawings, and such agent shall then determine the actual cost of the work to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in (to include a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations construction supervision fee of five percent (other than minor, nonstructural alterations of a cosmetic nature5%) to be undertaken during paid to Landlord's managing agent). Tenant may then either agree to pay Landlord to have the term work done or with Landlord's consent, engage their own contractor to perform the alterations. On termination of this LeaseLease or vacation of the Premises by Tenant, subject Tenant shall restore the Premises, at Tenant's sole expense, to the prior written approval same condition as existed at the Commencement Date, ordinary wear and tear and damage by casualty only excepted. Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord which shall not agreed in writing such alterations could be unreasonably withheld removed on the Expiration Date, upon the termination of this Lease or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for upon Tenant's business, including, without limitation, the reconfiguration vacation of partition walls within the Premises. Tenant shall not at keep the Premises and the Building free from any time permit liens arising out of any work to be performed performed, materials furnished, or obligations incurred by or on the Premises except by duly licensed contractors or artisans, each behalf of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished LandlordTenant. At no time may Tenant do Should any work that results in a claim of lien or other lien be filed against the Premises or the Building by reason of any act or omission of Tenant or any of Tenant's agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within ten (10) days after notice of the filing thereof. Should Tenant fail to discharge such lien within such ten (10) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord. Provided that Landlord has originally approved , on demand, as Additional Rent, for the alteration amount of the lien or improvementthe amount of the bond, and unless removal is required if greater, plus all administrative costs incurred by Landlord when Landlord's approval of a proposed Tenant alteration in connection therewith. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or improvement is originally made otherwise. Tenant shall not have no power to do any act or make any contract that may create or be required to remove such an alteration the foundation of any lien, mortgage or improvement from other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises. If removal NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. Notwithstanding anything to the contrary set forth above in this SECTION 6, if Tenant does not perform its maintenance obligations in a timely manner as set forth in this Lease, commencing the same within five (5) days after receipt of written notice from Landlord specifying the work needed and thereafter diligently and continuously pursuing completion of unfulfilled maintenance obligations, then Landlord shall have the right, but not the obligation, to perform such maintenance, and any amounts so expended by Landlord shall be paid by Tenant to Landlord within thirty (30) days after demand, with interest at the maximum rate allowed by law (or the rate of fifteen percent (15%) per annum, whichever is requiredless) accruing from the date of expenditure through the date paid. Except for repairs and replacements that Tenant must make under this SECTION 6, Tenant Landlord shall remove the specified alteration or improvement at Tenant's sole cost pay for and expense, ordinary wear make all other repairs and tear only excepted. All alterations and improvements replacements to the Premises, whether undertaken by common areas and Building (including Building fixtures and equipment). This maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural components, and all exterior (outside of walls) systems, such as mechanical, electrical, HVAC, and plumbing. Repairs or replacements required under SECTION 6 shall be made within a reasonable time (depending on the nature of the repair or replacement needed) after receiving notice from Tenant or Landlord, other than Landlord having actual knowledge of the Tenant Improvements (which are subject to need for a separate construction management fee as described in Section 1 herein), shall be subject to a fee (the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:repair or replacement.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTS. Tenant shall have thirty (30) days from its Tenant, on occupancy of the Premises to notify Landlord of any patent construction defectsPremises, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises them to be as represented by the Landlord and satisfactory for Tenant's intended use, and such occupancy evidences Tenant's acceptance "where isAS IS." and "as is," except for latent defects in the construction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Date. Landlord makes no representation or warranty as to the condition or suitability of the said Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedcondition, and shall make make, at Tenant's sole cost and expense expense, such replacements, restorations, renewals or repairs, in quality equivalent to or better than the original work replacedwork, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and other matters for which Tenant is not responsible hereunderonly excepted. Tenant, however, shall make no structural or exterior alterations of interior alterations, additions or improvements to the Premises without Landlord's prior written consent, not to and any such work shall be unreasonably withheld or delayedperformed by Landlord at the Tenant's sole expense, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time perform any work on the Premises or permit any work to be performed on the Premises except unless the Landlord has permitted the Tenant to perform such work directly. Any work so performed by the Tenant shall be performed by duly licensed contractors or artisans, each of whom must carry general public liability insuranceinsurance in form and content satisfactory to the Landlord, and copies certificates of certificates evidencing same which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved All alterations, additions or improvements (including, but not limited to, floor covering, wall covering, wall and ceiling lighting fixtures, carpet, drapes and drapery hardware) but specifically excluding the alteration Liebert Unit made or improvement, and unless removal is required installed by Tenant or by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement at for Tenant's sole cost and expense, ordinary wear and tear only excepted. All alterations and improvements benefit to the Premises, whether undertaken shall become the property of Landlord upon the termination or earlier expiration of this Lease. Landlord reserves the right to require Tenant, at Tenant's expense, (i) to remove any improvements or additions made to the Premises by Tenant, or by Landlord for Tenant's benefit, upon the expiration or earlier termination of this Lease unless the Landlord has in fact consented in writing to the installation of such improvements (and the Landlord may require, as a condition of granting any such consent, that the Tenant agree to remove such improvements upon termination or earlier expiration of the Lease); and (ii) to repair all damage done by or in connection with installation or removal of said improvements or additions. Tenant further agrees to do so prior to the expiration date of this Lease, or within thirty (30) days after notice from Landlord, other whichever shall be later, provided that Landlord gives such notice no later than thirty (30) days prior to the expiration date of this Lease. If the sprinkler system as installed in the Building or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant's agents, servants, employees, licensees or visitors, the Tenant Improvements (which are subject shall forthwith restore the same to good working conditions at its own expense. If the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state, county or city government, requires or recommends that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant's business, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment become necessary to prevent the imposition of a separate construction management fee penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as described in Section 1 herein)fixed by said Exchange, shall be subject to a fee (or by any fire insurance company, Tenant shall, at the "Construction Management Fee")Tenant's expense, promptly make and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. Tenant agrees shall not overload the floors, nor shall Tenant install any heavy business machines or any safes or heavy equipment of any kind without prior written consent of Landlord, which if granted, may be conditioned upon moving by skilled licensed handlers, and installation and maintenance at Tenant's expense of special reinforcings and settings adequate to pay Landlord carry the Construction Management Fee as follows:additional weight and to absorb and prevent noise and vibration.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLandlord shall notify Tenant that each floor of the Premises is substantially complete, as defined in Section 31.6, ten (10) business days prior to Landlord's delivery of that portion of the Premises. Tenant shall have thirty (30) days from its occupancy Upon delivery of each floor of the Premises to notify Tenant, Landlord and Tenant shall conduct a walk through of Premises and create a punch list of items of any patent construction defects, after which deficiencies then apparent in Landlord's Work and the Tenant represents Improvement Work performed by Landlord's contractor ("PUNCH LIST"). Landlord shall promptly commence and diligently prosecute until completed the items set forth in the Punch List. Landlord's obligation and/or liability to Tenant for deficiencies shall be limited to the Landlord that Tenant has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences Tenant's acceptance "where is" and "as is," except for latent defects in the construction correction of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after noted deficiencies set forth on the Commencement Date. Landlord makes no representation or warranty as Punch List, which correction of shall be made to the condition or suitability of extent required for compliance with Landlord's Work and the Premises. Tenant shall maintain (and so deliver at the end of the Lease) each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained Improvement Work performed by Landlord) 's contractor as set forth in as good repair and condition as received, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and other matters for which Tenant is not responsible hereunder. Tenant, however, shall make no structural or exterior alterations of the Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, and any work performed by EXHIBIT C. Tenant shall be done deemed to have accepted the Premises upon Landlord's delivery of possession, unless the failure to complete the items set forth on the Punch List means that the Premises are not substantially complete, in a good and workmanlike mannerwhich case acceptance shall be upon completion of such Punch List work. Landlord's obligations to maintain the Building are as set forth in Section 14.1 hereof. Tenant shall, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken at all times during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Tenant shall not at any time permit any work to be performed on the Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord. Provided that Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall remove the specified alteration or improvement hereof at Tenant's sole cost and expense, ordinary keep the following items in good order, condition and repair, reasonable wear and tear only excepted. All alterations and improvements to the Premises: (i) floor coverings, whether undertaken by Tenant or Landlord(ii) wall coverings, other than the Tenant Improvements (which are subject to a separate construction management fee iii) paint, (iv) casework, (v) ceiling tiles, (vi) all of Tenant's Property (as described defined in Section 1 13.2 herein); and (vii) any and all Tenant Improvements. Landlord shall have no obligation to alter, shall be subject remove, improve, repair, decorate, or paint the Premises or any part thereof except as specified in EXHIBIT C attached hereto and made a part hereof. No representations respecting the condition of the Premises or the Building have been made by Landlord to a fee (the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee Tenant, except as follows:herein set forth.

Tenants Acceptance and Maintenance of Premises. UP-FIT IMPROVEMENTSLANDLORD'S DUTIES AND RIGHTS. Tenant shall have thirty (30) days from its on occupancy of the Premises to notify Landlord of any patent construction defects, after which Tenant represents to the Landlord that Tenant it has examined and inspected the same, finds the Premises to be as represented by the Landlord and satisfactory for Tenant's intended use, and evidences constitutes Tenant's acceptance "where as is" and "as is," except for latent defects in the construction excluding punch list items which will be completed within thirty (30) days of the Building (excluding any improvements installed or constructed by Tenant or its agents) identified by Tenant within one (1) year(s) after the Commencement Dateoccupancy. Landlord makes no representation or warranty as to the condition or suitability of the said Premises. Tenant shall maintain (and so deliver at the end of the Lease) this Lease each and every part of the Premises (excluding exterior drives, walks and parking areas and common areas in the Building to be maintained by Landlord) in as good repair and condition as receivedreceived at the Commencement Date, and shall make at Tenant's sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be reasonably required to so maintain the same, excepting only ordinary wear and tear and damage by insured casualty excepted. Tenant, at Tenant's sole cost, will have the right to install an ATM kiosk, vault and safe at a location acceptable to Landlord. Upon Lease Expiration, Tenant, at its option may either remove the vault in it's entirety, or leave the vault in it's entirety. All other matters Tenant fixtures, except for the ATM machine, will remain as part of the Premises. Tenant shall: (A) keep the Premises and fixtures in good order; (B) make repairs and replacements to the Premises or Building needed because of Tenant's misuse or primary negligence; (C) repair and replace special equipment or decorative treatments above Building Standard installed by or at Tenant's request and that serve the Premises only, except (i) to the extent the repairs or replacements are needed because of Landlord's or another tenant's misuse or primary negligence, which are not covered by Tenant's insurance, or the insurance Tenant is required to carry under this Lease, whichever coverage is greater, or (ii) if this Lease is ended because of casualty loss or condemnation; and (D) not responsible hereundercommit waste and (E) shall comply with all federal, state and local laws and regulations except as to pre-existing defects, violations or conditions. Tenant, however, shall make no structural or exterior alterations of the Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, and any work performed by Tenant shall be done in a good and workmanlike manner, and so as not to unreasonably disturb or inconvenience other tenants in the Building. With respect to interior alterations (other than minor, nonstructural alterations of a cosmetic nature) to be undertaken during the term of this Lease, subject to the prior written approval of Landlord which shall not be unreasonably withheld or delayed and provided Tenant is not in default hereunder beyond any applicable cure period, Tenant may make interior alterations required for Tenant's business, including, without limitation, the reconfiguration of partition walls within the Premises. Except for minor work or interior cosmetic alterations, if Tenant requires alterations, Tenant shall not at any time permit any provide Landlord or Landlord's managing agent with a complete set of construction drawings, and such agent shall then determine the actual cost of the work to be performed on done. Landlord will provide three (3) bids. Tenant may then either agree to pay Landlord to have the Premises except by duly licensed contractors work done or artisans, each of whom must carry general public liability insurance, and copies of certificates evidencing same shall be furnished Landlordwithdraw its request for alterations. At no the time may Tenant do any work that results in makes a claim of lien against Landlord. Provided that written request for alterations, Landlord has originally approved the alteration or improvement, and unless removal is required by Landlord when Landlord's approval of a proposed will determine if Tenant alteration or improvement is originally made Tenant shall not be required to remove such an alteration or improvement from the Premises. If removal is required, Tenant shall must remove the specified alteration or improvement improvements at the end of the term, at Tenant's sole cost expense, and expenserestore the Demised Premises to the same condition as existed at the commencement of the term, ordinary wear and tear and damage by insured casualty only excepted. All Landlord, however, may elect to require Tenant to leave alterations performed for Tenant unless at the time of such alterations Landlord agreed in writing they could be removed on expiration of this Lease. Except for repairs and improvements replacements that Tenant must make under this Paragraph 7, Landlord shall pay for xxx xxxx xxx xxxxx xepairs and replacements to the Premises, whether undertaken common areas and Building (including Building fixtures and equipment, roof and parking lot). Except for non-standard items installed for Tenant's sole use, Landlord shall make the repairs and replacements to maintain the Building in a condition comparable to other first class office buildings in the Metropolitan area where the Premises are located. This maintenance shall include the roof, foundation, exterior walls, interior structural walls, all structural components, and all exterior (outside of walls) systems, such as mechanical, electrical, HVAC, and plumbing. Repairs or replacements required under Paragraph 7 shall be made within a reasonable time (depending on the nature of the repair or replacement needed) after receiving notice from Tenant or having actual knowledge of the need for a repair or replacement. Notwithstanding anything to the contrary set forth above in this Paragraph 7, if Tenant does not perform its maintenance obligations in a timely manner as set forth in this Lease, commencing the same within five (5) days of receipt of notice from Landlord specifying the work needed and thereafter diligently and continuously pursuing completion of unfulfilled maintenance obligations, Landlord shall have the right, but not the obligation, to perform such maintenance, and any reasonable amounts so expended by Landlord shall be paid by Tenant to Landlord within thirty (30) days after demand, with interest at the maximum rate allowed by law (or Landlordthe rate of fifteen percent (15%) per annum, other than whichever is less) from the Tenant Improvements (which are subject to a separate construction management fee as described in Section 1 herein), shall be subject to a fee (date of expenditure through the "Construction Management Fee"). Tenant agrees to pay Landlord the Construction Management Fee as follows:date paid.