Common use of TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS Clause in Contracts

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1", Tenant covenants and agrees at its sole cost and expense to keep and maintain in good order, condition and repair (which obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulations.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided Tenant shall keep and maintain the Premises in Section "7.1", Tenant covenants a good and agrees clean condition at its sole cost and expense expense, and Tenant shall perform all maintenance and perform all repairs on the Premises, and shall replace such portions of the Premises as may be necessary to maintain the Premises and all parts of the Premises in good condition, order, and repair. Janitorial services to the Premises shall be obtained by Tenant, at Tenant's sole expense. Tenant shall, at Tenant's sole expense, maintain all hot water, heating, and air conditioning systems for the Premises; provided, however, that if Landlord deems that Tenant is not adequately maintaining such systems, Landlord may require Tenant to enter into a regularly-scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating, and air conditioning systems within the Premises. Any such maintenance contractor and the contract must be approved by Landlord. Any such service contract must include all services suggested by the applicable equipment manufacturer within the operation/maintenance manual, and must become effective (and a photocopy of said contract delivered to Landlord) within 30 days of the date Tenant takes possession of the Premises. Tenant expressly covenants and warrants to keep and maintain that portion of the Premises not required to be maintained by Landlord in good order, condition condition, and repair, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass, plate glass, doors, any special office entry, interior walls and finish work, floors and floor covering, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, pest extermination. In addition, Tenant shall, at Tenant's sole expense, repair (which obligation any damage to the Project caused by the acts or omissions of Tenant, its employees, contractors, agents, or invitees. It is the intention of Landlord and Tenant that, at all times during the Term, Tenant shall include replacements) all interior maintain the area in front of and exterior portions in the rear of the Premises which shall include but shall not be limited to the repairin an attractive, maintenancewell-maintained, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building)fully operative condition. Tenant further agrees to keep shall maintain, at Tenant's sole cost and expense, any existing fire sprinkler system within the Premises in a cleanaccordance with all applicable federal, sanitary state, county, or city regulations. In addition, Tenant shall, within 90 days following the Commencement Date, and safe condition at Tenant's sole cost and expense, install and maintain such additional fire sprinkler equipment in the Premises as may be required for Tenant's Use by applicable state or local building regulation, municipal ordinance, or regulation of the local fire xxxxxxxx having jurisdiction over the Premises. In the event Tenant fails to maintain the Premises in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees Lease, Landlord shall have the right, but not the obligation, to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to enter upon the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and perform needed maintenance and repairs, maintenance and replacements performed by the and, in such event, Tenant shall promptly reimburse Landlord for the cost of such entry, repairs, and maintenance, which reimbursement shall be performed in compliance with all Federal, State, local collectible as Additional Rent. Any such Additional Rent shall be payable to Landlord within 30 days after receipt by Tenant of written invoice and municipal codes, rules and regulationsnotice from Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall at all times during the Term of this Lease, Tenant covenants and agrees at its Tenant's sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good order, and sanitary order and condition and repair (which obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement reasonable satisfaction of Landlord and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all FederalApplicable Laws, Stateusual wear and tear excepted. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant's repair and maintenance obligations herein shall include, local but are not limited to, all necessary maintenance and municipal codesrepairs to all portions of the Premises, rules and regulationsall exterior entrances, all glass, windows, window casements, show window moldings, partitions, doors, door jambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, callings, skylights, fans and exhaust equipment, and fire extinguisher equipment and systems. As part of its maintenance obligations hereunder, Tenant shall, at Landlord's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 shall apply to all such repairs. Tenant's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1", Tenant covenants and agrees shall at its sole cost expense and expense to all times throughout the term of this Lease, including renewals and extensions thereof, keep and maintain in good order, condition and repair (which obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, safe, sanitary and safe first class condition and in accordance compliance with all applicable laws, codes, ordinances, rules and regulations, subject to Section 11.C. and reasonable wear and tear, casualty damage, and Landlord's repair obligations. Tenant's obligations hereunder shall include, but not be limited to, the requirements maintenance (including, without limitation, regular and preventative maintenance), repair and replacement, if necessary, of the heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures (including trade fixtures), motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors, docks, lifts, dock levelers, and dock shelters and the replacement of all public authorities having jurisdiction thereof. Tenant further agrees broken glass, to replace all glass in the extent such items exclusively serve the Premises. The Tenant has When used in this provision, the obligation to maintain and pay for a service and maintenance contract for the heatingterm "repair" shall include replacements or renewals when necessary, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed such repairs made by the Tenant shall be performed equal in compliance with quality and class to the original work. Upon completion of the Landlord Improvements (defined in Section 12.D. herein), Landlord agrees to assign to Tenant all Federalwarranties made available to Landlord that pertain to items to be maintained by Tenant during the Lease term. Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, Statefree of accumulation of dirt, local rubbish, snow and municipal codesice. At the written request of Landlord, rules Tenant shall provide to Landlord written proof substantiating Tenant's performance of any maintenance, repair or replacement required under the terms hereof. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after Landlord notifies Tenant to do so, and regulationsTenant fails to complete within thirty (30) days thereafter (or such reasonable amount of time if the cure is of such nature that it cannot be completed within thirty (30) days), Landlord may make such repairs, without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, trade fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs incurred by Landlord in making such repairs within fifteen (15) days after Landlord delivers to Tenant an invoice for such costs. If, during the last twenty-four (24) months of the option term (if applicable), any heating, ventilation and air conditioning unit or unit heater shall need replacement (for purposes of this provision, a heating, air conditioning and ventilation unit or unit heater in need of replacement shall be defined as a malfunctioning unit requiring repairs in an amount in excess of the current value of the unit), then Landlord shall pay the cost of the replacement, and Tenant shall pay Landlord yearly as additional rent , one-tenth of the cost of the unit for the earlier of the remaining term of the Lease and extensions thereto, or ten (10) years from the date of replacement.,

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided for reasonable wear and tear and for Landlord Repairs specified in Section "7.1", Tenant covenants and agrees at its sole cost and expense to keep and maintain in good order, condition and repair (which obligation shall include replacements) all interior and exterior portions 4.2 of the Premises which shall include but shall not be limited to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, beginning on the mechanicalSubstantial Completion Date and continuing for the full Term of this Lease and any renewals or extensions, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to shall keep the Premises in a cleangood condition and repair, sanitary maintain the Premises, perform all needed repairs and safe condition replacements to the Premises, protect the Project from waste or damage and shall comply with applicable Governmental Requirements (“Tenant Repairs”). Tenant shall promptly perform the Tenant Repairs. Tenant Repairs shall be subject to Landlord’s reasonable direction and schedule, if provided by Landlord. Tenant shall cause all contractors performing the Tenant Repairs to maintain insurance coverage, consistent with the requirements in the Work Letter. All Tenant Repairs shall be performed in accordance with all applicable Governmental Requirements and in a good and workmanlike manner so as not to alter the requirements exterior appearance of all public authorities having jurisdiction thereofthe Building, damage the Project, the Building's structure or the Building's HVAC or fire sprinkler systems. Tenant further agrees to replace all glass in All such work which may affect the Premises. The Tenant has Building's structure or the obligation to maintain Building's HVAC or fire sprinkler systems must be approved by Landlord and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturerapplicable Building's engineer of record, at Tenant's reasonable expense (not to exceed $3,000). All work affecting the roof of the Building must be performed by the original Building roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. Notwithstanding the above provisions, beginning on the Effective Date, Tenant shall use care not to damage the Project and Tenant shall be responsible at Tenant’s expense for repairs associated with damages to the Project caused by Tenant or its employees, agents, contractors and invitees. In addition beginning on the Effective Date, Tenant shall be responsible for all janitorial services clean-up and removal of Tenant’s trash related to Tenant Improvements and Tenant Repairs at the PremisesProject. Landlord reserves the right, upon Tenant's default and failure to cure pursuant to the terms of this Lease to perform any items that are otherwise Tenant's obligations pursuant to the terms of this Lease, in which event; Tenant shall be responsible liable for any the actual reasonable cost and all damages caused to the Premises and/or to third-parties arising out expense of and/or in connection with any work performed by the Tenant. All work and repairssuch repair, replacement, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsother such items.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"provided, Tenant covenants and agrees shall at its all times during the Term of this Lease, at Tenant's sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Building and every part thereof and all improvements therein or thereto, in good orderand sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws. Tenant's repair and maintenance obligations herein shall include, condition but are not limited to, all necessary maintenance and repair (which obligation shall include replacements) repairs to all interior and exterior portions of the Premises Building, and all exterior entrances, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, fire extinguisher equipment and systems, the roof of the Building, all HVAC equipment, and all repairs to Specialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord's request, provide Landlord with copies of all maintenance schedules regarding the maintenance of the Building, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall include but shall not be limited at least equal in quality to the repairoriginal work, and the provisions of Section 8.3 shall apply to all such repairs. Tenant's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term, subject, however, to the following: So long as: 1. Tenant is not in default; 2. Tenant submits reasonably satisfactory evidence of payment and maintenance, replacement and any required inspection including without limitation copies of all exterior invoices, receipts, maintenance records and interior structural portions the like; and 3. All systems, equipment and other items or things provided herein or contemplated hereby are in good condition, working order and otherwise in compliance with the terms of this Lease; as soon as reasonably possible after the expiration of the building Lease Term, Landlord shall (including partially) reimburse Tenant for the wallsreasonable cost of a replacement item pro rata based upon Landlord's reasonable determination of that portion of the useful life of such item which will extend beyond the Term, foundationprovided that, roofprior to making any expenditure for such replacement item: A. Tenant notifies Landlord in writing of Tenant's desire to replace the item; B. Tenant provides to Landlord adequate information concerning the reasonable cost, guttersanticipated useful life, downspoutstype of item to be used as a replacement (name, model number, etc.) and all interior such other information as Landlord shall reasonably request; and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings C. Landlord consents to reimburse a portion of the cost of such replacement item as provided herein. Such consent pursuant to provision C shall not to be unreasonably withheld or delayed, but shall only be required to be given after Landlord receives from Tenant the written notice and other information contemplated by provisions A and B above, which must actually be received by Landlord at least five (5) business days prior to Tenant's proposed purchase of the replacement item. Notwithstanding the fact that Landlord shall make its determination as to whether or not a replacement item is eligible for (partial) reimbursement pursuant to the foregoing provisions within five(5) business days after actual receipt of the written notice and other information contemplated by provisions A and B above, wherever locatedLandlord need not make a determination as to or pay the actual amount of such (partial) reimbursement until the expiration of the Term, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract Tenant's qualification for the (partial) reimbursement pursuant to provisions 1,2 and 3 above and after Landlord's inspection of the then current condition of the relevant replacement item to be conducted immediately after the end of said Term, Landlord's reasonable determination of the remaining useful life of the replacement item. Any special or above-standard heating, ventilating and air-air conditioning systemsinstalled by, including routine preventative maintenanceon behalf of, including changing filtersor at the request of Tenant ("Specialized HVAC"), belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible paid for all janitorial services and maintained by Tenant at Tenant's sole cost and expense. Notwithstanding the Premises. foregoing, Landlord shall have the right, upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, Specialized HVAC and other obligations of Tenant hereunder which Landlord deems appropriate to undertake, in which event the cost thereof shall be responsible for any included as part of Maintenance Expenses and all damages caused to paid by Tenant in the Premises and/or to third-parties arising out of and/or manner set forth in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsSection 7.1.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided IMPROVEMENTS; ALTERATIONS. Improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord (and if required under the terms of the Ground Lease, by Ground Lessor), which approval by Landlord shall be governed by the provisions set forth in this Section "7.1"8(a). No alterations or physical additions in or to the Premises may be made without Landlord's prior written consent (and if required under the terms of the Ground Lease, by Ground Lessor), which shall not be unreasonably withheld or delayed by Landlord; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) (1) the Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), or (2) the exterior appearance of the Building. Tenant covenants and agrees at its sole cost and expense to keep and maintain in good ordershall not paint or install lighting or decorations, condition and repair (which obligation shall include replacements) all interior and signs, window or door lettering, or advertising media of any type visible from the exterior portions of the Premises which shall include but except as permitted under the terms of the Ground Lease. Notwithstanding the foregoing, Tenant shall not be limited required to obtain Landlord's consent for tenant improvements, alterations or physical additions to the repairPremises which total less than $200,000 in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, maintenancealterations or additions to the Premises in stages as a means to subvert this provision), replacement in each case provided that (A) if required under the terms of the Ground Lease, Tenant obtains the consent of Ground Lessor, (B) Tenant delivers to Landlord written notice thereof, a list of contractors and the major trade subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by Landlord as required by this Lease), (C) the mechanicalinstallation thereof does not involve any core drilling or the configuration or location of any exterior or load-bearing interior walls of the Building, electricaland (D) such alterations, plumbingadditions and improvements will not affect (i) the Building's Structure or the Building's Systems, heatingor (ii) the appearance of the exterior of the Building. All alterations, ventilatingadditions, air-conditioning systemsand improvements shall be constructed, sprinkler maintained, and fire protection systemsused by Tenant, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a cleanat its risk and expense, sanitary and safe condition in accordance with all Laws; Landlord's consent to or approval of any alterations, additions or improvements (or the requirements of plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's acceptance, that the same comply with sound architectural and/or engineering practices or with all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain applicable Laws, and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be solely responsible for ensuring all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationssuch compliance.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided (a) Tenant shall maintain all parts of the Premises (except for maintenance work which Landlord is expressly responsible for under Section 4.(a)) in Section "7.1"good condition and promptly make all necessary repairs and replacements to the Premises. Tenant shall repair and pay for any damage caused by a Tenant Party (defined below) or caused by Tenant’s default hereunder. (b) Tenant shall be solely responsible for the installation of the hot water equipment and the heating, air condition, and ventilation equipment and system (the “HVAC System”) serving the Premises. Thereafter, Tenant covenants and agrees at its sole cost and expense to keep and shall maintain such systems in good order, repair and condition and repair (which in accordance with Law and with such equipment manufacturers’ suggested operation/maintenance service program; such obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting equipment necessary to maintain such equipment and wall coveringssystem in good working order. Within ten days after the Commencement Date, all signs Tenant shall enter into regularly scheduled preventive maintenance/service contracts for such equipment, each in compliance with Landlord’s specifications and awnings otherwise in form and substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord. At least 14 days before the end of the Term, Tenant shall deliver to Landlord a certificate from an engineer certifying the condition of the hot water equipment and the HVAC System. Prior to the expiration of the Term, Tenant shall perform all work necessary to correct any deficiencies contained in such report and perform all work necessary to ensure the hot water equipment and the HVAC System are then in good repair and working order (subject only to reasonable wear and tear, after taking into consideration Tenant, wherever located, permitted by ’s maintenance obligations under this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees shall be solely responsible for installing heating, ventilation and air conditioning equipment of sufficient quality and quantity to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass maintain specific temperatures in the Premises. The Tenant has the obligation to maintain and pay . (c) Except for a service and maintenance contract for the heatingtermite control, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at pest control in the PremisesPremises and control of pests migrating from the Premises to other portions of the Building. If requested by Landlord, Tenant shall be responsible for any and all damages caused enter into a regularly scheduled preventative pest control contract with a contractor reasonably acceptable to Landlord. Except while Tenant is leasing 100% of the Premises and/or to third-parties arising out rentable square feet of and/or in connection with any the Building, at Landlord’s election, Landlord may perform the work performed by the required under this Section 5.(c), at Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulations’s expense.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1", (a) Tenant covenants and agrees at its sole cost and expense to keep and shall maintain in good order, condition and repair (which obligation shall include replacements) all interior and exterior portions parts of the Premises (except for maintenance work for which shall include but shall not be limited Landlord is expressly responsible under Section 4 above) in good condition and promptly make all necessary repairs and replacements to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, including without limitation any alterations required under the repair, maintenance and replacement ADA due to Tenant’s specific use of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract shall also be responsible for the heating, ventilating cleaning and air-conditioning systems, including routine preventative maintenance, including changing filters, belts sweeping of the Premises and for the lubrication removal of any trash which originates from the Premises and for all moving parts from a service contractor authorized other janitorial services to service such systems the Premises (provided that Tenant may elect to have janitorial services added to Operating Expenses subject to reimbursement by the manufacturerTenant). Tenant shall be responsible for disposal of its trash from the Premises and will maintain adequate receptacles for such disposal, the design, placement and capacity of such receptacles to be subject to the prior approval of Landlord. Outdoor storage of trash or any other material and receptacles or containers not approved by Landlord is strictly prohibited. At its sole cost and expense, Tenant shall provide interior pest and insect extermination at the Premises as often as is reasonably necessary to eliminate any pests or insects, specific to the Premises or Tenant’s use thereof. (b) Subject to Landlord’s obligations set forth in Section 4.(c) above, Tenant shall maintain the hot water equipment and the HVAC System in good repair and condition and in accordance with all janitorial applicable Laws and with such equipment manufacturers’ suggested operation/maintenance service program. Tenant shall enter into a regularly scheduled preventive maintenance/service contract for the hot water equipment and the HVAC System, in form and substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord (the “Service Contract”). (c) If Tenant fails to perform any of Tenant’s maintenance or repair obligations, and if such failure continues for thirty (30) days after written notice thereof is delivered to Tenant (provided, however, if such failure reasonably requires longer than thirty (30) days to cure, Tenant shall be entitled to such additional time as is reasonably necessary to cure same so long as same are promptly commenced and diligently prosecuted to completion), the Landlord may perform such obligation, in which event Tenant shall pay to Landlord the reasonable cost incurred by Landlord in performing such obligation within thirty (30) days after Landlord’s written request therefor. (d) Tenant acknowledges that Landlord is not providing security services at of any kind to the Premises or for Tenant’s property and that the keys given to Tenant for the Premises may not be secure. At its expense, Tenant shall provide whatever security and/or alarm systems Tenant deems necessary or appropriate for the protection of the Premises and of Tenant’s personal property and personnel located therein, including, if Tenant desires to do so, installing new locks for the Premises with new keys. Tenant shall provide to Landlord copies of all keys and access codes to allow Landlord entry to the Premises under the terms and conditions of Section 13 herein. In no event shall Landlord be responsible for, and Tenant waives any and all claims arising from, the loss or damage to any of Tenant’s personal property situated in and on the Premises, even though Landlord may have provided general area security or guard services, provided that such waiver shall not be effective with respect to criminal acts of Landlord or its agents. Landlord may elect to, but shall have no obligation to, provide general area security or guard services. In the event Landlord elects to provide general area security or guard services, it may discontinue such security or guard services without notice. At its expense, Tenant is also responsible for the maintenance, repair, or replacement of any mechanical, security, and fire protection systems which Tenant has installed within the Premises. Tenant shall is expressly advised that if Tenant should place any fixtures, inventory or equipment within or on the Premises prior to the time the Premises are completed and delivered to the Tenant, the risk of loss or damage to such inventory, fixtures, or equipment will be responsible for any and all damages caused greatly increased in view of the fact that, out of necessity, numerous people will be permitted access to the Premises and/or to third-parties arising out for the purpose of and/or in connection with completion of any work performed by the Tenantwork. All work and repairs, maintenance and replacements performed such risk of loss or damage shall be borne exclusively by the Tenant shall be performed in compliance with all Federaland not by the Landlord, State, local and municipal codes, rules and regulationsthe Tenant hereby waives any claim for any such loss or damage against the Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in (a) Tenant shall maintain all parts of the Premises (except for maintenance work which Landlord is expressly responsible for under Section "7.1", Tenant covenants and agrees at its sole cost and expense to keep and maintain 5.(d)) in good order, condition and promptly make all necessary repairs and replacements to the Premises. Tenant shall repair and pay for any damage caused by a Tenant Party (which defined below) or caused by Tenant's default hereunder. (b) Tenant shall maintain the parking areas, sidewalks, driveways, alleys and grounds located on the Land in a clean and sanitary condition, consistent with the operation of a first-class office/warehouse building, including, without limitation, prompt maintenance, repairs and replacements of (1) the exterior of the Building (including painting), (2) landscaping, (3) sprinkler systems and sewage lines, four (4) parking areas and any other items normally associated with the foregoing. Tenant may request Landlord to perform any or all Tenant's repair, replacement, and maintenance obligations and if Landlord does so, then Tenant shall reimburse Landlord for the cost thereof within ten (10) business days after Tenant receives an invoice therefor. (c) Tenant shall maintain the hot water equipment and the heating, air condition, and ventilation equipment and system (the "HVAC SYSTEM") in good repair and condition and in accordance with all Laws and with such equipment manufacturers' suggested operation/maintenance service program to the extent Landlord provides Tenant with notice thereof. Such obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance repair and replacement of all carpeting equipment necessary to maintain such equipment and wall coveringssystem in good working order. Within 30 days after the Commencement Date, all signs Tenant shall enter into regularly scheduled preventive maintenance/service contracts for such equipment, in a form and awnings substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord. At least 14 days before the end of the TenantTerm, wherever located, permitted by this Lease, Tenant shall deliver to Landlord a certificate from an engineer mutually acceptable to Landlord and Tenant certifying that the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts hot water equipment and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. HVAC System are then in good repair and working order. (d) Tenant shall be responsible for all janitorial services at pest control in the Premises. If requested by Landlord (such request must be in writing and be accompanied by the recommendation of an independent pest control expert), Tenant shall be responsible for any enter into a regularly scheduled termite control contract with a contractor reasonably acceptable to Landlord. At Landlord's election and all damages caused with advance written notice to Tenant, Landlord may perform the Premises and/or to third-parties arising out of and/or in connection with any work performed by the required under this Section 5.(d), at Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulations's expense.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Subject to Section "7.1"9.1, Tenant covenants and agrees shall at its all times during the Term of this Lease, at Tenant's sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good order, and sanitary order and condition and repair (which obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement reasonable satisfaction of Landlord and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all FederalApplicable Laws, Stateusual wear and tear excepted. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant's repair and maintenance obligations herein shall include, local but are not limited to, all necessary maintenance and municipal codesrepairs to all portions of the Premises, rules and regulationsall interior glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, lighting switches, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, fans and exhaust equipment. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 shall apply to all such repairs. Tenant's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for maintenance and repair obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Operating Expenses and paid by Tenant in the manner set forth in Section 7.1. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"During the Term, but subject to Articles 9 and 12 below, Tenant covenants and agrees shall, at its Tenant's sole cost and expense to keep expense, diligently maintain, repair and maintain replace (as necessary) in good order, condition and repair repair, all aspects of the Premises, regardless of the cost thereof and the time remaining in the Term and whether capital or non-capital, except for obsolescence and ordinary wear and tear, and unless and to the extent included in Landlord's obligations under this Lease, including, without limitation, Paragraphs 5.3, 7.2, 7.3, 9.1 and 12.4 of this Lease (which obligation collectively, "LANDLORD'S MAINTENANCE OBLIGATIONS"). Such obligations of Tenant shall include replacements(subject to Landlord's Maintenance Obligations), without limitation, all equipment or facilities serving the Premises, including, mechanical, plumbing, heating, air conditioning, ventilating and electrical systems (collectively, the "SYSTEMS"), lighting facilities, interior demising walls, the roof membrane of the Building (but not the structural components of the roof, and Tenant's repair obligations shall not include the replacement of the roof or roof membrane or any part thereof), windows, doors, plate glass, driveways, parking areas, landscaping, fences, walls, Signs, sidewalks and parkways located in, on or at the Premises. In addition, Tenant shall maintain the painting of and repaint the exterior walls of the Building as and when reasonably necessary. Notwithstanding the foregoing provisions of this Paragraph 7.1 to the contrary, to the extent any damage to the Premises is caused by the negligence or willful misconduct of Landlord or any of Landlord's agents, contractors, employees, licensees or invitees, Landlord shall be solely responsible, at its expense, for repairing such damage with all due diligence, in good and workmanlike manner, in BIG 5 WAREHOUSE RIVERSIDE, CALIFORNIA compliance with all Applxxxxxx Xxxx xxx xx x xxxxxx xxxxx xxxx xxx unreasonably interfere with Tenant's access to or use of the Premises; if Landlord fails to diligently complete such repairs, or if such repairs are of an emergency nature which if not attended to may result in bodily injury or property damage or material interference with or interruption of Tenant's business operations at the Premises, Tenant may perform such repairs as provided in Paragraph 7.2 below, and Landlord shall reimburse Tenant for the reasonable out-of-pocket costs incurred by Tenant in performing such repairs within thirty (30) days after Landlord's receipt of invoices therefor. Landlord agrees that Landlord will, as part of the cost of the Landlord's Work, obtain for the benefit of both Landlord and Tenant (i) standard manufacturers' warranties for components of Landlord's Work, and (ii) warranties against defective construction, workmanship and materials from the contractors performing the Landlord's Work covering all interior of Landlord's Work for a period of at least one (1) year from the date of full completion of the Landlord's Work, except that with respect to the roof of the Building, Landlord shall obtain for the benefit of both Landlord and exterior Tenant, as part of the cost of the Building/Site Work to be paid for by Landlord from Landlord's own funds, from the subcontractor who installs the roof, a "NO DOLLAR LIMIT" warranty without proration against defective construction, workmanship and materials of the roof, covering all materials and labor for a period of at least fifteen (15) years following the date of full completion of the Landlord's Work. Landlord hereby assigns to Tenant all of its rights to such warranties and all other warranties it may now or hereafter have covering those portions of the Premises which Tenant is responsible to maintain, repair and/or replace, and Landlord shall include but shall not be limited provide Tenant such good faith cooperation as is reasonably necessary to the repair, maintenance, replacement and any required inspection permit enforcement of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etcsuch warranties by Tenant.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulations.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall at all times during the Term of this Lease, Tenant covenants and agrees at its Tenant’s sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good orderand sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, condition usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 21.28. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair (which obligation and maintenance obligations herein shall include replacements) include, but are not limited to, all interior necessary maintenance and exterior repairs to all portions of the Premises Premises, and all exterior entrances, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and systems, and all repairs Specialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall include but shall not be limited at least equal in quality to the repairoriginal work, maintenance, replacement and any required inspection the provisions of Section 8.3 above and Section 21.28 below shall apply to all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the such repairs. Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees ’s obligation to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has repair includes the obligation to maintain and pay for a service and maintenance contract for replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Any special or above-standard heating, ventilating and air-air conditioning systemsinstalled by, including routine preventative maintenanceon behalf of, including changing filtersor at the request of Tenant (“Specialized HVAC”), belts shall be paid for and maintained by Tenant at Tenant’s sole cost and expense. Notwithstanding the lubrication foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of all moving parts from automatic fire extinguisher equipment, such as sprinkler systems and alarms, Specialized HVAC and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a service contractor authorized to service such systems whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manufacturermanner set forth in Section 7.1. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord. Except as may be responsible for expressly provided in this Lease with respect to any Tenant Improvements to be performed by Landlord, Landlord has no obligation to improve, remodel, improve, repair, decorate or paint the Premises or the Building. Tenant shall pay the cost of all janitorial services at repairs to the Premises. Premises not expressly required to be made by Landlord under this Lease, and Tenant shall be responsible for any decoration, remodeling, alterations, painting and all damages caused to carpet cleaning during the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsTerm.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1", (a) Tenant covenants and agrees at its sole cost and expense to keep and shall maintain in good order, condition and repair (which obligation shall include replacements) all interior and exterior portions parts of the Premises (except for maintenance work for which shall include but shall not be limited Landlord is expressly responsible under Section 4 above) in good condition and promptly make all necessary repairs and replacements to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall also be responsible for all janitorial services at the cleaning and sweeping of the Premises and for the removal of any trash which originates from the Premises. Tenant shall be responsible for disposal of its trash from the Premises and will maintain adequate receptacles for such disposal, the design, placement and capacity of such receptacles to be subject to the prior approval of Landlord. Outdoor storage of trash or any other material and receptacles or containers not approved by Landlord is strictly prohibited. At its sole cost and expense, Tenant shall provide interior pest and insect extermination at the Premises as often as is reasonably necessary to eliminate any pests or insects, whether endemic to the Building or specific to the Premises or Tenant’s use thereof. (b) Tenant shall maintain the hot water equipment and the heating, air condition, and ventilation equipment and system (the “HVAC System”) in good repair and condition and in accordance with all applicable Laws and with such equipment manufacturers’ suggested operation/maintenance service program. Tenant shall enter into a regularly scheduled preventive maintenance/service contract for the hot water equipment and the HVAC System, in form and substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord. At least fourteen (14) days before the end of the Term, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the hot water equipment and the HVAC System are then in good repair and working order. (c) If Tenant fails to perform any of Tenant’s maintenance or repair obligations, and if such failure continues for thirty (30) days after written notice thereof is delivered to Tenant, the Landlord may perform such obligation, in which event Tenant shall pay to Landlord the reasonable cost incurred by Landlord in performing such obligation within thirty (30) days after Landlord’s written request therefor. (d) Tenant acknowledges that Landlord is not providing security services of any kind to the Premises or for Tenant’s property and that the keys given to Tenant for the Premises may not be secure. At its expense, and upon written approval from Landlord, Tenant shall provide whatever security and/or alarm systems Tenant deems necessary or appropriate for the protection of the Premises and of Tenant’s personal property and personnel located therein, including, if Tenant desires to do so, installing new locks for the Premises with new keys. Tenant shall provide to Landlord copies of all keys and access codes to allow Landlord entry to the Premises. In no event shall Landlord be responsible for, and Tenant waives any and all damages caused claims arising from, the loss or damage to any of Tenant’s personal property situated in and on the Premises, even though Landlord may have provided general area security or guard services. Landlord may elect to, but shall have no obligation to, provide general area security or guard services. In the event Landlord elects to provide general area security or guard services, it may discontinue such security or guard services without notice. At its expense, Tenant is also responsible for the maintenance, repair, or replacement of any mechanical, security, and fire protection systems which Tenant has installed within the Premises. Tenant is expressly advised that if Tenant should place any fixtures, inventory or equipment with, in or on the Premises prior to the time the Premises are completed and delivered to the Tenant, the risk of loss or damage to such inventory, fixtures, or equipment will be greatly increased in view of the fact that, out of necessity, numerous people will be permitted access to the Premises and/or to third-parties arising out for the purpose of and/or in connection with completion of any work performed by the Tenantwork. All work and repairs, maintenance and replacements performed such risk of loss or damage shall be borne exclusively by the Tenant shall be performed in compliance with all Federaland not by the Landlord, State, local and municipal codes, rules and regulationsthe Tenant hereby waives any claim for any such loss or damage against the Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall, Tenant covenants and agrees at its Tenant’s sole cost and expense to keep expense, maintain the Subleased Premises and maintain the FF&E (a) in as good and clean order, condition condition, and repair (which obligation shall include replacements) all interior and exterior portions as exists as of the Premises which shall include but shall not be limited Commencement Date, with the exception of any reasonable wear and tear, (b) in compliance with all Law applicable to the repair, maintenance, replacement Subleased Premises and any required inspection of all exterior Tenant’s use and interior structural portions occupancy of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Subleased Premises, subject to the repairprovisions of Section 5.1, and (c) in compliance with all repair and maintenance and replacement of all carpeting and wall coverings, all signs and awnings obligations with respect to the Subleased Premises that are required to be performed by Sublessor as tenant under the Lease. Without derogating from the generality of the Tenantforegoing, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to shall keep the Subleased Premises in a cleanreasonably clean condition, sanitary subject to any cleaning, janitorial, and safe condition trash removal services that may be provided by Landlord under the Lease. Tenant shall make, at Tenant’s sole cost and expense, all such repairs and replacements to the Subleased Premises necessary to maintain the Subleased Premises in such good and clean order, condition, and repair, and in compliance with all applicable Law, subject to the provisions of Section 5.1. Tenant shall also be responsible for repairing any damage to the Subleased Premises, and the costs associated with repairing any damage to any other part of the Property, caused by either Tenant’s failure to comply with the terms of this Agreement, or the negligence or willful misconduct of Tenant or Tenant’s employees, officers, agents, contractors, consultants, subtenants, or invitees. All such repairs shall be performed in a good and workmanlike manner, and shall be of at least equal quality and class as the original work. In the event that Tenant fails to promptly make such repairs in accordance with the requirements terms of all public authorities having jurisdiction thereof. Tenant further agrees this Agreement, then Sublessor shall have the right, but not the obligation, to replace all glass in the Premises. The Tenant has the obligation to maintain perform such repairs on Tenant’s behalf, and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible reimburse Sublessor for all janitorial services at the Premises. Tenant shall be responsible such costs and expenses, plus ten percent (10%) of such costs and expenses for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairsSublessor’s overhead, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationswithin thirty (30) days after receiving an invoice from Sublessor.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall at all times during the Term of this Lease, Tenant covenants and agrees at its Tenant's sole cost and expense expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in and sanitary order and condition to keep the reasonable satisfaction of Landlord and maintain in compliance with all Applicable Laws, usual wear and tear excepted. Landlord agrees to be reasonable in enforcing Tenant's repair obligations. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good ordermaintenance practices by Tenant. Tenant's repair and maintenance obligations herein shall include, condition but are not limited to interior pest control, all necessary maintenance and repair (which obligation shall include replacements) repairs to all interior and exterior portions of the Premises which Premises, and all exterior entrances, all interior glass, interior windows, including interior window casements and interior show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, tenant signage, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, fans and exhaust equipment, fire extinguisher equipment and systems, and all repairs to Specialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord's request, permit Landlord to inspect copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Repairs by Tenant, shall include but shall not be limited at least equal in quality to the repairoriginal work, maintenance, replacement and any required inspection the provisions of Section 8.3 shall apply to all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the such repairs. Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees 's obligation to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has repair includes the obligation to maintain and pay for a service and maintenance contract for replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Any special or above- standard heating, ventilating and air-air conditioning systemsinstalled by, including routine preventative maintenanceon behalf of, including changing filtersor at the request of Tenant ("Specialized HVAC"), belts shall be paid for and maintained by Tenant at Tenant's sole cost and expense. Notwithstanding the lubrication foregoing, Landlord shall have the right, upon Notice to Tenant, to undertake the responsibility for maintenance and repair of all moving parts from automatic fire extinguisher equipment, such as sprinkler systems and alarms, Specialized HVAC and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a service contractor authorized to service such systems whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manufacturermanner set forth in Section 7.1. Tenant shall be responsible for all janitorial services at not permit or authorize any person to go onto the Premises. Tenant shall be responsible for any and all damages caused to roof of the Premises and/or to third-parties arising out building without the prior written consent of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsLandlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall at all times during the Term of this Lease, Tenant covenants and agrees at its Tenant’s sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good orderand sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, condition usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair (which obligation and maintenance obligations herein shall include replacements) include, but are not limited to, all interior necessary maintenance and exterior repairs to all portions of the Premises which shall include but shall not be limited to the repairPremises, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities (to the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if extent located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises), interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. The As part of its maintenance obligations hereunder, Tenant has shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to maintain replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and pay for repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a service and maintenance contract for whole, in which event the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant cost thereof shall be responsible for all janitorial services at included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and all damages caused to carpet cleaning other than routine vacuuming during the Premises and/or to third-parties arising out of and/or in connection with any work performed by the TenantTerm. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsnot permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"(a) Subject to Sections 10 and 15, Tenant covenants and agrees at its sole cost and expense to keep and shall maintain all parts of the Premises (except for maintenance work which Landlord is expressly responsible for under Section 4) in good order, condition and promptly make all necessary repairs and replacements to the Premises. Tenant shall repair and pay for any damage caused by a Tenant Party (which defined below) or caused by Tenant's default hereunder. (b) Tenant shall maintain the hot water equipment and the heating, air conditioning, and ventilation equipment and system (the "HVAC SYSTEM") in ----------- good repair and condition and in accordance with Law and with such equipment manufacturers' suggested operation/maintenance service program; such obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting equipment necessary to maintain such equipment and wall coveringssystem in good working order. Within ten days after the Commencement Date, all signs Tenant shall enter into regularly scheduled preventive maintenance/service contracts for such equipment, each in compliance with Landlord's specifications (provided such specifications have been furnished to Tenant) and awnings otherwise in form and substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord. At least 14 days before the end of the TenantTerm, wherever located, permitted by this Lease, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts hot water equipment and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. HVAC System are then in good repair and working order. (c) Except for termite control, Tenant shall be responsible for all janitorial services at pest control in the Premises. If requested by Landlord, Tenant shall enter into a regularly scheduled preventive pest control contract with a contractor reasonably acceptable to Landlord. At Landlord's election, Landlord may perform the work required under this Section 5.(c), at Tenant's expense. (d) To the extent they may be responsible for assigned, Landlord shall assign to Tenant during the Term any guaranties and all damages caused warranties related to the Premises and/or Building, including, but not limited to, those guaranties and warranties for the HVAC System, interior finishes, and mechanical, electrical, and plumbing systems (but excluding the Building's Structure and those relating to third-parties arising out the matters described in Section 4.(b)). Such assignment shall be limited to enforcement of and/or in connection with any work performed by the Tenant. All work such guaranties and repairs, maintenance warranties and replacements performed by the Tenant shall have no right to amend such guaranties or warranties. Landlord will provide Tenant copies of all documents relating to such guaranties or warranties. Throughout the Term, Landlord shall, at Tenant's expense, provide reasonable assistance to Tenant in obtaining the benefits of such guaranties and warranties, to the extent Landlord may do so. Landlord may rescind this assignment while an Event of Default exists by delivering to Tenant written notice thereof. This assignment shall expire and be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsof no further effect upon the expiration of the Term.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall at all times during the Term of this Lease, Tenant covenants and agrees at its Tenant's sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Building and every part thereof and all improvements therein or thereto, in good order, and sanitary order and condition and repair (which obligation shall include replacements) all interior and exterior portions of the Premises which shall include but shall not be limited to the repair, maintenance, replacement reasonable satisfaction of Landlord and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in the Premises. The Tenant has the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Premises. Tenant shall be responsible for any and all damages caused to the Premises and/or to third-parties arising out of and/or in connection with any work performed by the Tenant. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all FederalApplicable Laws, Stateusual wear and tear excepted. Any damage or deterioration of the Building shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant's repair and maintenance obligations herein shall include, local but are not limited to, all necessary maintenance and municipal codesrepairs to all portions of the Building, rules and regulations.all exterior entrances, all glass, windows, window easements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, fire extinguisher equipment and systems, and all repairs to the HVAC and any Specialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 shall apply to all such repairs. Tenant's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term; provided however, if the replacement in question is of a capital nature, the cost therefor shall be amortized over its useful life and, in the event such useful life extends beyond the expiration _____ sooner termination of the Lease (including any extensions of the Term), Landlord shall reimburse Tenant for the unamortized portion thereof promptly following the expiration or sooner termination of the Lease. All replacements by Tenant shall be subject to Landlord's prior

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Tenant shall at all times during the Term of this Lease, Tenant covenants and agrees at its Tenant's sole cost and expense to keep expense, clean, keep, maintain, repair and maintain make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good orderand sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, condition usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Tenant's repair (which obligation and maintenance obligations herein shall include replacements) include, but are not limited to, all interior necessary maintenance and exterior repairs to all portions of the Premises which shall include but shall not be limited to the repairPremises, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used in connection with entrances to the Premises, the repairall glass, maintenance windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and replacement of all carpeting outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and wall coveringsexhaust equipment, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if extinguisher equipment and life safety and other systems to the extent located outside of building). Tenant further agrees to keep the Premises in a clean, sanitary and safe condition in accordance with the requirements of all public authorities having jurisdiction thereof. Tenant further agrees to replace all glass in within the Premises. The As part of its maintenance obligations hereunder, Tenant has shall, at Landlord's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant's obligation to repair includes the obligation to maintain replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and pay for repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a service and maintenance contract for whole, in which event the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant cost thereof shall be responsible for all janitorial services at included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and all damages caused to carpet cleaning other than routine vacuuming during the Premises and/or to third-parties arising out of and/or in connection with any work performed by the TenantTerm. All work and repairs, maintenance and replacements performed by the Tenant shall be performed in compliance with all Federal, State, local and municipal codes, rules and regulationsnot permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section "7.1"Subject to the provisions of Articles 16 and 17, Tenant covenants and agrees shall, at its sole cost and expense to keep and throughout the term: (1) maintain in good order, condition order and repair the interior of the Premises; (which obligation shall include replacements2) maintain and repair when necessary all windows and doors (including glass), both interior and exterior portions of the Premises which shall include but shall not be limited to the repairexterior, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass and windows, drive-thru lanes, the Fixtures and Equipment and all other improvements at the Premises and/or used building service equipment in connection with the Premises, the repairincluding, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanicalbut not limited to, electrical, plumbing, heating, ventilating, air-conditioning systemsair conditioning, sprinkler equipment, pipes, separate water meters, wires, ducts, fixtures, and fire protection systems, grease traps appliances; (even if located outside of building). Tenant further agrees to 3) keep the Premises in a safe, clean, and sanitary condition; (4) provide for the removal of trash and safe rubbish; and (5) surrender the Premises and all Tenant improvements at the end of the term in as good condition in accordance with the requirements as first received, except for ordinary wear and use and those items of all public authorities having jurisdiction thereofmaintenance and repair expressly undertaken by Landlord. Tenant further agrees to replace all glass shall not use vehicles in the PremisesBuilding or loading platform, unless they are equipped with nylon or rubber-surfaced wheels or tires. The No metal cleat inserts or chains shall be permitted. Tenant has shall, at its sole expense throughout the obligation to term, carry and maintain and pay for a preventive maintenance service and maintenance contract for from a qualified service company, approved in advance by Landlord, covering the heating, ventilating ventilating, and air-air conditioning systemssystems of the Premises, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturerif any. Tenant shall maintain all systems in a good condition during the term of this Lease and any renewal term and shall be responsible responsible, at its sole expense, for all janitorial services at necessary repairs and replacements regardless of whether or not they are covered by the Premisesmaintenance contract or which are necessitated by Tenant's failure to carry a maintenance contract. Tenant shall be responsible for any and all damages caused submit a copy of the proposed maintenance contract at least thirty (30) days prior to the Premises and/or first to third-parties arising out occur of and/or in connection with any work performed the contract's commencement date or the Commencement Date of this Lease. Landlord shall notify tenant within ten (10) days of receipt whether the service company is approved and the contract is acceptable. Landlord will split replacement costs of HVAC equipment if it is determined to be needed due to the age of the equipment and not due to neglect or improper maintenance or lack thereof. Once the Landlord splits the cost of a given unit no further split of replacement cost will be borne by the TenantLandlord. All work and repairs, maintenance and replacements performed by Should the Tenant shall be performed make changes in compliance with all Federalthe building which will require additional HVAC equipment, State, local and municipal codes, rules and regulationsTenant will bear 100% of such costs.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except Inasmuch as otherwise provided in Section "7.1"Tenant ----------------------------------------------- will ultimately occupy 100% of the Building, Tenant covenants and agrees shall be responsible, at its sole cost and expense expense, for keeping, and hereby covenants that it shall keep, the Building and the Property, including, without limitation, all parking areas and landscaped areas located on the Property (but excluding the initial installation of the landscaping on the Property around the Building which Landlord hereby agrees to keep install at its sole cost and maintain expense), the exterior portions of the Building (excluding structural portions of the Building, structural portions of the roof and the concrete slabs as set forth above), the non-structural portions of the roof, all electrical systems, plumbing systems and roof top heating venting and air conditioning equipment, the doors, the windows, the corridors and all other structures or equipment serving the Building and the Property, in good order, condition and repair. In connection with all such maintenance, Tenant may enter into: (i) a landscape maintenance contract with a reputable service company, (ii) an HVAC service and maintenance contract with a reputable service company, (iii) contracts for the cleaning of exterior windows in the Building, and (iv) contracts for sweeping of and removal of snow from sidewalks and parking areas adjacent to the Building and on the Property. In addition to maintenance and repair (which obligation shall include replacements) all interior and exterior portions of the Building and the Property, Tenant shall, at its sole cost and expense, maintain, replace, repair and keep all parts of the interior of the Leased Premises which shall include (including but shall not be limited to the repairinterior wall surfaces, maintenance, replacement and any required inspection of all exterior and interior structural portions of the building (including the walls, foundation, roof, gutters, downspouts, etc.) and all interior and exterior portions of all doors, plate glass door hardware, interior plumbing fixtures, electrical wiring and windowsequipment, drive-thru lanesand mechanical equipment within the Leased Premises,, the Fixtures specialty equipment made available to Tenant) in good order, operating condition and Equipment and all other improvements at the Premises and/or used in connection with the Premises, the repair, maintenance and replacement of all carpeting and wall coverings, all signs and awnings of the Tenant, wherever located, permitted by this Lease, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning systems, sprinkler and fire protection systems, grease traps (even if located outside of building). Tenant further agrees to shall also keep the Leased Premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the requirements governmental agencies having jurisdiction, and shall dispose of all public authorities having jurisdiction thereofnormal trash and waste materials in outside trash containers and make appropriate arrangements with trash cartage services to have such outside containers dumped on a regular basis. Tenant further agrees to replace comply with all glass in Environmental Regulations governing the Premises. The handling and disposal of any approved Hazardous Materials that Tenant has may use on the obligation to maintain and pay for a service and maintenance contract for the heating, ventilating and air-conditioning systems, including routine preventative maintenance, including changing filters, belts and the lubrication of all moving parts from a service contractor authorized to service such systems by the manufacturer. Tenant shall be responsible for all janitorial services at the Leased Premises. Tenant shall be responsible flatten all boxes for any dumping of trash. Tenant shall comply with all requirements of laws, ordinances and all damages caused other rules and regulations that affect the Leased Premises, and shall cause no injury to the Building or Leased Premises. In addition, Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, fixtures and accessory parts thereof on the Leased Premises and/or to third-parties arising out that may be broken or damaged during the Lease Term. At the expiration of and/or in connection with any work performed by the Tenant. All work and repairsLease Term, maintenance and replacements performed by the Tenant shall be performed surrender the Leased Premises broom clean and in compliance with all Federalgood order and condition, State, local reasonable wear and municipal codes, rules and regulationstear excepted.