Common use of Tenant’s Obligations Clause in Contracts

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.

Tenant’s Obligations. Except to Tenant shall, at its own cost and expense, keep the extent Property and the fixtures, equipment, and Tenant’s Property (defined below) therein in first-class, clean and safe condition and in good order and repair consistent with the operation of Landlord's obligations set forth first-class buildings in Sections 7, 12 and 27 hereofthe jurisdiction in which the Property is located. In connection therewith, Tenant shall be responsible, at its sole cost and expense, to perform all operation, maintenance and servicing to the Property, including but not limited to the plumbing, mechanical (including, without limitation, any HVAC system serving the Property), roof and roof membrane, electrical and fire and life safety systems serving the Property, except to the extent a Landlord Maintenance and Replacement Obligations in Section 6.02 below. Tenant shall also be responsible for cleaningmaintenance and repair of the facade envelope, operatingexterior doors, maintaining glass, windows, framing and repairing related elements so as to assure Tenant’s compliance with its obligations under this Section 6.01. With the exception of the costs required to be borne by Landlord under any express provision of this Lease, Landlord shall have absolutely no property management, maintenance, repair or replacement obligations with respect to the Property and Tenant alone shall be responsible for the performance, cost and expense of same. Tenant will, at the expiration or other termination of the Term hereof, surrender and deliver up the same broom clean and in good order and condition in its existing condition or such better condition in which it may with all alterations required to be put reasonable removed hereunder removed, ordinary wear and tear tear, condemnation damage and casualty and takings excludedexcepted. Tenant shall, the entire Premises, including (but not limited to) the following: at its own expense (i) heatingmaintain, ventilating clean and air conditioning systems wash, on an “as needed” basis, all door, window and equipment; plate glass in and about the Property and replace same promptly when damaged or broken, and (ii) mechanical systems maintain exterior signs and equipment; (iii) life safety systems lighting permitted pursuant to, and equipment; (iv) hot water heater(s)in accordance with, plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term terms of this Lease. If Tenant fails The selection of any contractor performing Tenant’s maintenance or repairs, shall be subject to maintain Landlord’s prior review and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereofwritten consent, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; . Unless the responsibility of Landlord as a Landlord Maintenance and Replacement Obligations below in Section 6.02, all references to “repair” in this Section 6.01 shall include replacement in all instances. For purposes hereof, the façade envelope shall include without limitation, the exterior masonry, exterior fenestration (b) such as 1st floor, 2nd floor and 3rd floor windows), entry storefront systems (new main entrance and 2nd floor side entrance), main roof, tower roof and penthouse roof, penthouse masonry exterior, all exterior doors, loading dock canopy roof, awnings, building signage, and the Landlord's reimbursable share second floor entrance deck to the second floor of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurethe Building.

Tenant’s Obligations. Except In addition to all other terms of this Lease, Tenant(s) shall meet the extent following obligations: a. Tenant(s) must personally use and occupy the Dwelling Unit only as a residence, which consists of Tenant(s) and those Occupants listed in the Summary. For the purpose of this Lease, occupancy by an unauthorized person for more than fourteen (14) calendar days consecutively, or thirty (30) calendar days in any calendar year, without prior written consent from Landlord's obligations set forth , will constitute occupancy of the Dwelling Unit on a regular basis and will constitute a default under this Lease. Tenant(s) shall: i. Keep the Dwelling Unit in Sections 7a good, 12 clean, safe and 27 hereofsanitary condition; ii. Comply with all applicable building and housing codes materially affecting health and safety, Tenant and the Rules and Regulations (as may now exist or hereafter be adopted and/or amended); iii. Use in a reasonable manner all utilities, services, facilities, appliances and equipment provided by Landlord; iv. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other fixtures and facilities in the Dwelling Unit, change HVAC filters no less than every thirty (30) days, and shall maintain such services at all times during the Lease term. Tenant(s) shall be responsible for cleaningany damage caused by their failure to comply with these requirements; v. Keep all appliances and equipment supplied by Landlord in the Dwelling Unit in a good and clean condition, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put with the exception of reasonable wear and tear tear. Tenant(s) shall not use any other major appliances or equipment in the Dwelling Unit without Landlord’s prior written permission, and casualty this prohibition shall include without limitation portable air conditioners and takings excludedwashing machines, or similar items; vi. Not deliberately or negligently destroy, deface, damage or impair any part of the Dwelling Unit or the premises (including fixtures, facilities and appliances) or permit any person to do so whether known by Tenant(s) or not, and Tenant(s) shall be responsible for any damage caused by their failure to comply with this requirement. Tenant(s) shall give Landlord prompt notice if any such damage occurs; vii. Conduct themselves and require other persons in the Dwelling Unit or on the premises with their consent, whether known by Tenant(s) or not, to conduct themselves in a manner that will not disturb the peaceful enjoyment of others nor that will harass others, and to behave in a courteous and respectful manner to others, including without limitation Agent, Landlord and any of their agents or employees, and any vendors who may access the Dwelling Unit in accordance with the terms of this Lease; viii. Have the right to request in writing that Landlord install a carbon monoxide detector in the Dwelling Unit, the entire Premisescost of which may be charged to Tenant(s), in accordance with the VRLTA. Tenant(s) shall not remove or tamper with a properly functioning smoke alarm or carbon monoxide detector, including (but not limited toremoving any working batteries, so as to render the smoke alarm or carbon monoxide detector inoperative and, shall maintain the smoke alarm and any carbon monoxide detector in accordance with the requirements of the Uniform Statewide Building Code, including replacement of batteries. Tenant(s) agree to hold Landlord and Agent harmless from any and all claims arising from its failure to comply with the following: (irequirements of this subsection, and to indemnify Landlord and Agent from any and all claims or liability therefor; ix. Use reasonable efforts to maintain the Dwelling Unit in such a condition as to prevent the accumulation of moisture and the growth of mold, and to notify Landlord in writing promptly of any moisture accumulation that occurs or of any visible evidence of mold discovered by Tenant(s). Tenant(s) heating, ventilating do hereby release Landlord and air conditioning systems Agent from any and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(sall claims or liability to Tenant(s), plumbing system Tenant(s)’ authorized Occupants, or guests or invitees, and equipment; do hereby agree to indemnify and hold Landlord and Agent harmless, from and against any and all loss, damage, claim, suit, costs (vincluding reasonable attorneys’ fees and costs) electrical system or other liability whatsoever resulting from Tenant(s)’ failure to comply with the provisions of this subsection or any other provisions of law; x. Keep the Dwelling Unit free from insects and equipment; (vi) sprinkler system pests, and equipment; (vii) elevator system to promptly notify the Landlord and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects Agent of the operation existence of any insects or pests which includes bed bugs. Tenant(s) shall prepare the Dwelling Unit for the application of insecticides or pesticides in accordance with any written instructions of Landlord or Agent, and management if insects or pests are found to be present, follow any written instructions provided by Landlord or Agent to eliminate the insects or pests following the application of Building 2insecticides or pesticides. Tenant(s) who have concerns about specific insecticides or pesticides shall notify the Landlord and Agent in writing no less than 24 hours before any scheduled insecticide or pesticide application, except as specifically set forth in this Lease including after receipt of notice from Landlord or Agent pursuant to Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term 22(c) of this Lease. If Tenant fails Tenant(s) do hereby release Landlord from any and all claims or liability to maintain Tenant(s), Tenant(s)’ authorized Occupants, or guests or invitees, and perform its do hereby agree to indemnify and hold Landlord and agent harmless, from and against any and all loss, damage, claim, suit, costs (including reasonable attorneys’ fees and costs) or other liability whatsoever arising from the presence of insects or pests in the Dwelling Unit, and/or resulting from Tenant(s)’ failure to comply with the provisions of this subsection or any other provisions of law. Tenant(s) are responsible for any financial costs and expenses associated with these statutory obligations under the VRLTA, as referenced in this SectionLease; xi. Use reasonable care to prevent any dog or other animal in possession of Tenant(s), Landlord authorized occupants, or guests or invitees from causing personal injuries to a third party in or around the Dwelling Unit, or property damage to the Dwelling Unit; and xii. Not do and not permit to be done any act which will increase the fire hazard or rate of fire insurance for the Dwelling Unit, or any property thereon, obey all state and municipal laws and regulations relating to fire hazards, fire protection, and sanitation, and not commit any nuisance on the Dwelling Unit. c. Tenant(s) and any other persons in or about the Dwelling Unit with consent of Tenant(s), including but not limited to members of the family, guests, invitees or authorized occupants, shall not engage in criminal activities or activities intended to facilitate criminal activities including any illegal drug-related activity in or around the Dwelling Unit or on the Premises, involving a controlled substance (as defined in Section 54.1-3401 of the Code of Virginia). “Illegal drug-related activity” means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance. Tenant(s), guests, invitees or authorized occupants are prohibited from engaging in the manufacture, sale or distribution of illegal drugs at any location, whether on the Premises or otherwise. Neither Tenant(s), guests or invitees or authorized occupants of Tenant(s) may after the occurrence and during the continuance engage in acts of an Event violence or threats of Defaultviolence, including, but is not required to, perform such obligations and xxxx Tenant limited to the cost thereof, which shall be due and payable as additional Rent within ten (10) days unlawful discharge of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to firearms in the Dwelling Unit or on or near the Premises. Notwithstanding the foregoing, in the event A single violation of any part of the abovethese provisions shall constitute a non-mentioned building systems which was part of the premises at the commencement remediable violation of the Lease Term and which has been properly maintained by Tenant as hereinabove called justification for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expendituretermination thereof.

Tenant’s Obligations. Except During the first lease year, DISTRICT shall be responsible for, and shall at all times during the Term of this Agreement, maintain and keep the whole and every part of the leased Premises, and all property and improvements therein situated, in good repair, including without limitation all plumbing, heating and electrical installations and equipment, all utilities, air conditioning and mechanical equipment, hardware, plate glass doors and windows, painting, decorating, and landscape; provided, however Tenant shall be responsible for maintaining the outside grounds of the Premises during the first lease year. From and after the second lease year, TENANT shall be responsible for, and shall at all times during the Term of this Agreement, maintain and keep the whole and every part of the leased Premises, and all property and improvements therein situated, in good repair, including without limitation all plumbing, heating and electrical installations and equipment, all utilities, air conditioning and mechanical equipment, hardware, plate glass doors and windows, painting, decorating, and landscape; provided, however, (a) TENANT’s obligation for maintenance under this Section 6.1 in each such lease year (specifically excluding its maintenance obligations with respect to the extent outside grounds of Landlord's obligations set forth the Premises) shall not exceed annual sum of $55,000 for each such lease year (the “Annual Cap”) (costs of ground care shall not be included in the calculation of the Annual Cap), and/or (b) subject to the terms and provisions of Sections 7, 12 and 27 hereof17 of this Lease, the DISTRICT shall be responsible for the costs of any repairs to the Premises in excess of the Annual Cap for any such lease year, unless such damage was caused by the gross negligence or willful misconduct of Tenant, in which case, Tenant shall be responsible for cleaningthe full costs of such repairs. All TENANT repairs must be performed by licensed and fully insured contractors, operating, maintaining and repairing in good order and condition in its existing condition or prior to commencement of any such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, work (y) TENANT shall identify to the entire Premises, including (but not limited to) DISTRICT the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects names of the operation contractors and management subcontractors who will perform it, and (z) provide proof of Building 2insurance, except and any bids or proposals for the repairs to be undertaken as specifically set forth in this Lease including Section 12 hereofwell as final invoices. TENANT shall also provide DISTRICT proof of TENANT payment of such contractors for work performed by them, up to the Annual Cap. DISTRICT shall have the right after reasonable notice to TENANT, to demand Tenant shall provide Landlord with copies of all service contracts, if any, maintained by to make any repairs that Tenant during the term of is responsible for under this Lease. If Tenant , and if TENANT refuses, or fails to maintain provide written confirmation to District of its willingness, promptly to begin the repairs so noticed, and perform to complete same with reasonable diligence, DISTRICT may, at its obligations under this Sectionoption, Landlord may after the occurrence cause such repairs to be made, for which purpose DISTRICT and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which DISTRICT’S agents shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste have full access to the leased Premises. Notwithstanding the foregoingTENANT shall, in the event any part on demand by DISTRICT, pay DISTRICT as Rent all of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term DISTRICT’s costs and which has been properly maintained by expenses that Tenant as hereinabove called is responsible for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of under this Lease (subject to the Annual Cap), and if including therein the costs of its time and personnel involved in making such repairs. TENANT shall promptly make any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is alterations required by applicable lawany governmental authority. If Landlord's Deemed Approval does DISTRICT shall not occur as be liable to TENANT for any capital expenditure then Tenant shall be relieved damages resulting from any requirement to make such capital expenditurefurnishing and equipment installed by TENANT in and upon the leased Premises.

Tenant’s Obligations. Except to the extent of Landlord's obligations Tenant shall be solely responsible for, and except as set forth in Sections 7the following sentence, 12 shall promptly pay directly to the applicable service provider, the cost of all utility services used or consumed in connection with the Premises, including, by way of example but not limitation, all electric and 27 hereofgas, and Tenant shall apply and arrange for such services directly with such utility companies. Tenant shall be solely responsible for, and shall promptly reimburse Landlord subject to Section 4.03 hereof, for cleaningthe cost of all water and utility services used or consumed in connection with the Premises. In no event shall Tenant use or install any fixtures, operatingequipment or machines the use of which in conjunction with other fixtures, maintaining equipment and repairing machines in good order and condition the Premises would result in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, an overload of the entire electrical circuits servicing the Premises, including (but not limited to) and Tenant covenants and agrees that at all times its use of electric current shall never exceed the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects capacity of the operation then existing feeders to the Building, or the wiring installation therein. In addition, and management of Building 2, except as specifically otherwise expressly set forth in this Lease including Section 12 hereofLease, Tenant shall procure and pay for all telephone, security and telecommunications systems, and all other utilities and services of every type, used at the Premises (collectively, the “Services”), together with any taxes, penalties, surcharges or the like pertaining thereto. Tenant shall provide Landlord contract directly with copies all providers of all service contractsServices. Tenant hereby acknowledges that, if any, maintained by Tenant during the term of this Lease. If Tenant fails except with regard to maintain and perform its obligations under this Section, any monitoring systems that Landlord may after in its sole discretion elect to implement in connection with the occurrence and during Park or the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part exterior of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercisedBuilding, Landlord shall make an additional payment have no obligation whatsoever to reimburse Tenant on provide guard service or other security measures for the basis benefit of the term Premises, and Landlord shall have no liability to Tenant due to its failure to provide such services. Tenant assumes all responsibility for the protection of this Lease without such option period); providedTenant, howeverits agents, if Landlord does not so reimburse employees, contractors and invitees and the property of Tenant as required under this provision then Tenant may set off such amount against the payment and of RentTenant’s agents, Basic Operating Costs employees, contractors and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share invitees from acts of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurethird parties.

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth as provided in Sections 7Paragraphs 8.2, 12 15, and 27 hereof16, Tenant shall be responsible for cleaningshall, operatingat Tenant's expense, maintaining and repairing keep in good and safe condition, order and condition in its existing condition or such better condition in which it may be put reasonable wear repair the premises and tear and casualty and takings excluded, the entire Premisesevery part thereof, including without limitation, all plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the premises; and all fixtures, interior walls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, glass (but not limited to) including plate glass), and skylights located within the following: (i) premises, and the roof membrane, flashing and related improvements required to keep the premises weathertight. Tenant shall, at Tenant's expense, maintain in full force at all times during the term of this Lease a heating, ventilating and air conditioning ("HVAC") systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all HVAC systems servicing the premises, which shall provide for and equipment; (ii) mechanical systems include, without limitation, replacement of filters, oiling and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s)lubricating of machinery, plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision parts replacement, adjustment of drive belts, oil changes, weatherproofing of all cleaningexposed HVAC equipment and ducts, trash removal and exterminating servicesother preventive maintenance; such obligations provided, however, that Tenant shall include have the benefit of all aspects of warranties available to Landlord regarding the operation and management of Building 2, except as specifically set forth equipment in this Lease including Section 12 hereofsaid systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall provide also maintain continuously throughout the lease term a service contract for the washing of all windows of the premises (both interior and exterior surfaces) with a contractor approved by Landlord which provides for periodic washing of all such windows sufficiently often that such windows remain clean. Tenant shall furnish Landlord with copies of all such service contracts, if any, maintained which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant during the term shall be made promptly with new materials of this Leaselike kind and quality. If the repair work affects the structural parts of the Building, or if the estimated cost of any item of repair exceeds $5,000, then Tenant fails shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to maintain be used, and perform its obligations the contractor. Tenant hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to make replacement at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises in good condition, order and repair. /s/ illegible /s/ MAB ------------- ------- Landlord 8 Tenant Tenant specifically waives all rights it may have under Sections 1932(1), 1941, and 1942 of the California Civil Code, and any similar or successor statute or law. In no event shall Tenant's obligation to repair under this Section, Landlord may after the occurrence Paragraph 8.1 extend to (i) damage and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste repairs to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of extent the cost thereof is actually reimbursed or paid for under any insurance policy carried by Landlord in connection with the premises; (ii) damage caused in whole or in part by the negligence or willful misconduct of Landlord or Landlord's agents, employees, invitees or licensees, (iii) repairs covered under Direct Operating Expenses; (iv) reasonable wear and tear; (v) conditions to the supplier by Tenant, Landlord will reimburse to Tenant so much extent the cost thereof is actually reimbursed or paid for under any warranties of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000contractors; or (cvi) such capital expenditure is required damage by applicable law. If Landlord's Deemed Approval does fire and other casualties, or acts of governmental authorities (not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureincluding compliance directives), or acts of God and the elements.

Tenant’s Obligations. Except Subject to the extent provisions of LandlordSection 8.2 and 14, Tenant, at Tenant's obligations set forth expense, shall keep in Sections 7good order, 12 condition and 27 hereofrepair the demised Premises and every part thereof including, without limiting the generality of the foregoing, all plumbing, electrical and lighting facilities and equipment within the demised Premises, maintenance of any pumps or apparatuses designed to prevent or minimize water seepage into the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows, doors, plate glass and skylights located within the demised Premises. All repairs made by the Tenant shall be responsible at least of the same quality, design and class as that of the original work. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for cleaningthe management, operatingsafety, maintaining care and repairing cleanliness of the Building and grounds, the parking of vehicles and the preservation of good order therein. All damage or injury to the Building or to the demised Premises, fixtures, appurtenances and/or equipment caused by the Tenant moving property in or out of the Building or the Premises or by Tenant's installation or removal of furniture, fixtures, or other property, or from any other cause of any kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of the Tenant, its agents, employees, invitees, contractors or subcontractors shall be repaired, restored, or replaced promptly by the Tenant at its sole cost and expense to the satisfaction of the Landlord. In the event that the Tenant fails to keep the demised Premises in good order, condition and repair while this Lease remains in effect, then upon the expiration of thirty (30) days after written demand (which written demand shall not be required in the case of an emergency), Landlord may restore the demised Premises to such good order and condition in its existing condition and make such repairs without liability to Tenant for any loss or such better condition in which it damage that may be put reasonable wear accrue to Tenant's property or business by reason thereof, and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. upon completion thereof Tenant shall provide pay to Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain upon demand and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant as Additional Rent the cost thereofof restoring the demised Premises to such good order and condition, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to together with interest thereon from the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expendituredate paid.

Tenant’s Obligations. Except to for those portions of the extent Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of Landlord's obligations set forth this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in Sections 7or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, 12 and 27 hereofemergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall be responsible for cleaning, operating, maintaining make all necessary and repairing in good order desirable repairs and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, replacements to the entire Premises, including (but not limited to) ordinary and extraordinary, however the following: (i) heatingnecessity or desirability for repairs and replacements shall occur, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. Notwithstanding the foregoingIn connection with any maintenance, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by repairs or replacements conducted by, through or under Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly comply with all applicable federal, state, county and properly replace the same; local laws and to the extentordinances (including, reasonably determinedwithout limitation, the useful life of such replaced part exceeds the remaining Lease Term (including option periodsADA), whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual all rules and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share regulations of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) governmental authority having jurisdiction over the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurePremises.

Tenant’s Obligations. Except to as provided in the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term ’s Obligations section of this Lease. If Tenant fails to maintain and perform its obligations under this Sectionarticle, Landlord may after shall have no maintenance obligation concerning the occurrence Premises and during the continuance of an Event of Defaultno obligation to make any repairs or replacements, but is not required toin, perform such obligations and xxxx Tenant the cost thereofon, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste or to the Premises. Notwithstanding Tenant assumes the full and sole responsibility for the condition, operation, repair, replacement, and maintenance of the Premises, including all improvements, throughout the Lease Term, except to the extent expressly set forth in the Landlord’s Obligations section of this article. Tenant shall maintain the Premises in good repair and in a clean, attractive, first-class condition. Without limiting the generality of foregoing, Tenant shall repair, replace, and maintain in good and operational order and condition the event any part nonstructural interior portions of the above-mentioned building Premises, exterior and interior portions of all doors and lock sets, door frames, and door checks, interior windows, plate and window glass, floor coverings, wall coverings, decorations, furniture, fixtures, equipment, and appliances and the electrical and mechanical systems which was part not considered Building Project standard that have been installed for the exclusive use and benefit of Tenant such as additional HVAC equipment, hot water heaters, electrical services for computers or similar items, and security or telephone systems for the premises at Premises. All replacements shall be of equal quality and class to the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be original items replaced, then (provided Landlord's Deemed Approval has occurred) . Tenant shall promptly and properly replace the same; and not commit or allow to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that be committed any waste on any portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next duePremises. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from solely responsible for all of Landlord’s reasonable out-of-pocket costs incurred in removing the tobacco odor and any requirement staining or damage to make such capital expenditurethe Premises as a result of Tenant, or its employees, agents, contractors, invitees, or guests smoking any tobacco or tobacco related product in the Premises in violation of the Rules and Regulations.

Tenant’s Obligations. Except Without limiting the generality of any portion of this Lease, Tenant and its Affiliates will: (a) Not store, handle, transport, use, process, generate, discharge or dispose of any Hazardous Substances from, in or about the Premises or the rest of the Land, or create any release of any Hazardous Substances, except for customary and reasonable amounts of office supplies and other supplies reasonably used in the conduct of Tenant's permitted research and development, light manufacturing and warehousing activities which may contain or consist of reasonable amounts of Hazardous Substances, and then only strictly in accordance with applicable Environmental Laws. Tenant and its Affiliates will comply fully with all Environmental Laws and insurance requirements in connection with or related to such Hazardous Substances, whether now or hereafter existing, including, without limitation, CERCLA, XXXX, RCRA, TSCA, CWA, and any other Environmental Laws promulgated by the extent EPA, OSHA or the State of Landlord's Texas. (b) Immediately pay, and indemnify Landlord and its Affiliates for and hold them harmless from, all Liabilities arising from any breach by Tenant or its Affiliates of their obligations set forth in Sections 7this Article, 12 including, without limitation, the performance of and 27 hereofpayment for any Environmental Cleanup Work and the preparation of any closure or other required plans. (c) Immediately deliver to Landlord copies of any notices, information, reports, and communications of any type received or given in connection with Hazardous Substances, including, without limitation, notices of violation and settlement actions from or with governmental or quasi-governmental authorities. In the event of any unintentional breach of the terms of this Article 25, Tenant shall not be responsible for cleaningin default of this Lease if Tenant immediately begins to cure the breach and diligently begins and completes all required remediation, operating, maintaining disposal and repairing other responsive actions in good order accordance with the Lease and condition in its existing condition applicable Environmental Laws and guidelines and performs all necessary repairs to the Building or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including and, upon the completion of which, Tenant will be deemed to have cured such breach (but not limited to) although Tenant's indemnity obligations and other Liabilities still will remain). All of Tenant's obligations and Liabilities under this Article will survive the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term expiration or earlier termination of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.

Tenant’s Obligations. Except as otherwise provided in this Lease, Landlord shall have no maintenance obligation concerning the Premises and no obligation to make any repairs or replacements, in, on, or to the extent of Premises. Subject to Landlord's ’s obligations set forth in Sections 7under Section 7.2 below, 12 and 27 Article 11 and Article 13 hereof, Tenant shall be responsible for cleaningshall, operatingat Tenant’s own expense, maintaining pursuant to and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excludedaccordance with the terms of this Lease, including without limitation Article 8 hereof, keep the entire non-structural components of the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term (but not limited to) the following: (i) heatingincluding, ventilating electrical and air conditioning systems and equipment; (ii) mechanical systems not considered part of the “Building Systems” (as defined below) that have been installed for the exclusive use and benefit of Tenant such as additional HVAC equipment; (iii) life safety systems and equipment; (iv) , hot water heater(sheaters, electronic, data, phone, and other telecommunications cabling and related equipment, and security or telephone systems for the Premises), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies not commit or allow to be committed any waste on any portion of all service contractsthe Premises. In addition, if anyTenant shall, maintained at Tenant’s own expense, but under the supervision and subject to the prior written approval of Landlord, and within any reasonable period of time specified by Tenant during Landlord, pursuant to the term terms of this Lease. If , including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that, at Landlord’s option, or if Tenant fails to maintain make such repairs within the time and perform its obligations under in the manner required by this SectionLease, Landlord may after the occurrence and during the continuance of an Event of Defaultmay, but is not required toneed not, perform make such obligations repairs and xxxx replacements, and Tenant shall pay Landlord upon demand the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment a percentage of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment sufficient to reimburse Tenant on Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement Premises at all reasonable times to make such capital expenditurerepairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree.

Tenant’s Obligations. Except Tenant shall take good care of the Premises, Building, equipment serving the Building, and the other improvements, including, without limiting the generality of the foregoing, roofs, foundations and appurtenances thereto, all mechanical, electrical, plumbing, and heating, air-conditioning and ventilation systems located in or otherwise serving the Building, all sidewalks, vaults, sidewalk hoists and curbs in front of or adjacent to the extent Premises, all other common areas of Landlord's obligations set forth the Premises maintained or required to be maintained by Tenant as of the date hereof and all water, sewer and gas connections, pipes and mains which service the Premises and which neither any public authority nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Building and the other improvements in Sections 7good and safe order and working condition, 12 and 27 hereofmake all repairs therein and thereon, Tenant interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable laws, and the Restrictions, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear and tear, obsolescence or defects, latent or otherwise, and including, complying with and correcting any deficiencies identified by the Village of University Park in any inspection of the Premises. The necessity and adequacy of repairs made shall be responsible measured by standards which are appropriate for cleaningbuildings of similar age and construction, operatingas applicable, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excludedprovided, however, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations decision whether an item needs to be replaced or repaired shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofbe made at Landlord’s reasonable discretion. Tenant shall provide Landlord with copies of all service contractsnot commit or suffer, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions precaution to prevent waste prevent, waste, damage or injury to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As When used in this paragraph "Landlord's Deemed Approval" means (a) if Lease, the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of term “repairs” shall include all alterations, additions, installations, replacements, removals, renewals and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required restorations. All repairs made by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement at least equal in quality and class to make such capital expenditurethe original work and shall be made in compliance with all Restrictions, as then in force.

Tenant’s Obligations. Except to Tenant, at Tenant’s sole expense, shall maintain, repair and replace all portions of the extent of Premises that are not Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing ’s responsibility under the preceding Section in good order order, condition, and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premisesrepair, including (but not limited to) without limitation, the following: (ia) heatingall HVAC, ventilating plumbing, electrical, sewerage and air conditioning mechanical systems and equipmentserving only the Premises; (iib) mechanical systems all fixtures, interior walls, floors, carpets, draperies, window coverings, and equipmentceilings; (iiic) life safety all windows, doors, entrances, and plate glass; and (d) any fire detection or extinguisher equipment within the Premises that Landlord does not maintain. Tenant shall also maintain the lighting in the Premises (including replacement of bulbs and batteries). Tenant shall conduct quarterly tests on emergency lighting and provide Landlord a copy of each such test. Bulbs, ballasts and light fixtures shall be replaced whenever they fail. All bulbs, batteries, ballasts and fixtures of the lighting systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such must be in working order upon lease termination. Tenant’s obligations shall include all aspects necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen. All such repairs and replacements shall be of the quality received at the Commencement Date and shall be sufficient for the proper maintenance and operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofthe Premises. Tenant shall provide Landlord with copies keep and maintain the Premises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all service contractsmaintenance and repairs thereto so as not) to invalidate, if anyin whole or in part any warranties, maintained by Tenant during or prevent the term procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. If Tenant fails shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk and Landlord shall uniformly require all tenants in the Project to maintain comply with this provision. In the event that Tenant shall replace one or more elements of the HVAC system costing $5,000.00 or more per element (the “Replaced Elements”), during the final two (2) years of the then current Term, and perform its obligations under this Sectionthe Lease is not extended or renewed, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx shall pay to Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) expiration of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis unamortized cost of the term of this Lease without such option periodReplaced Elements based on a five (5) year amortization (the “Unamortized Cost”); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such ’s prior approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from required for any requirement Required Element for which Landlord may be obligated to make such capital expenditurepay the Unamortized Cost.

Tenant’s Obligations. Except to Tenant, at Tenant’s sole expense, shall maintain, repair and replace all portions of the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing Premises in good order order, condition, and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premisesrepair, including (but not limited to) without limitation, the following: (ia) heatingall HVAC, ventilating plumbing, electrical, sewerage and air conditioning mechanical systems and equipmentserving the Buildings; (iib) mechanical systems all fixtures, interior walls, floors, carpets, draperies, window coverings, and equipmentceilings; (iiic) life safety all windows, doors, entrances, and plate glass; and (d) any fire detection or extinguisher equipment that Landlord does not maintain. Tenant shall also maintain the lighting in the Premises (including replacement of bulbs and batteries). Tenant shall conduct quarterly tests on emergency lighting and provide Landlord a copy of each such test. Bulbs, ballasts and light fixtures shall be replaced whenever they fail. All bulbs, batteries, ballasts and fixtures of the lighting systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such must be in working order upon lease termination. Tenant’s obligations shall include all aspects necessary repairs and replacements, ordinary a s well as extraordinary, foreseen as well as unforeseen. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofPremises. Tenant shall provide Landlord with copies keep and maintain the Premises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all service contractsmaintenance and repairs thereto so as not) to invalidate, if anyin whole or in part any warranties, maintained by Tenant during or prevent the term procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to not obstruct or permit the Premisesobstruction of any parking area, adjoining street or sidewalk. Notwithstanding the foregoing, in Tenant shall not be obligated to improve the event any part condition of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant Premises on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureCommencement Date.

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth as provided in Sections 7Paragraphs 6.2(a), 12 8.2, 15, and 27 hereof16, Tenant shall be responsible for cleaningshall, operatingat Tenant's expense, maintaining and repairing keep in good and safe condition, order and condition in its existing condition or such better condition in which it may be put reasonable wear repair the premises and tear and casualty and takings excluded, the entire Premisesevery part thereof, including without limitation, all plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the premises; and all fixtures, interior walls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, all glass (but not limited to) including plate glass), and skylights located within the following: (i) premises and the roof membrane installed over the premises. Tenant shall, at Tenant's expense, maintain in full force at all times during the term of this Lease a heating, ventilating and air conditioning ("HVAC") systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all HVAC systems servicing the premises, which shall provide for and equipment; (ii) mechanical systems include, without limitation, replacement of filters, oiling and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s)lubricating of machinery, plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision parts replacement, adjustment of drive belts, oil changes, weatherproofing of all cleaningexposed HVAC equipment and ducts, trash removal and exterminating servicesother preventive maintenance; such obligations provided, however, that Tenant shall include have the benefit of all aspects of warranties available regarding the operation and management of Building 2, except as specifically set forth equipment in this Lease including Section 12 hereofsaid systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall be permitted to provide the above described HVAC maintenance services through a qualified employee of Tenant in lieu of a third party contractor. Tenant shall also maintain continuously throughout the lease term a service contract for the washing of all windows of the premises (both interior and exterior surfaces) with a contractor approved by Landlord which provides for the periodic washing of all such windows sufficiently often that such windows remain clean. Tenant shall furnish Landlord with copies of all such service contracts, if any, maintained which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant during the term shall be made promptly with new materials of this Leaselike kind and quality. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during repair work affects the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part structural parts of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by TenantBuilding, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share estimated cost of any single capital expenditure proposed is greater than item of repair exceeds $100,000 that Landlord has been advised of and has approved such capital expenditure25,000, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be relieved from used, and the contractor. Tenant hereby waives the benefit of any requirement statute now or hereafter in effect which would otherwise afford Tenant the right to make such capital expenditurerepairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises in good condition, order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), 1941, and 1942 of the California Civil Code, and any similar or successor statute or law.

Tenant’s Obligations. Except Tenant shall, at its sole cost and expense, maintain the Premises in good and sanitary condition, and shall make all non-structural repairs and replacements to preserve in good working order and condition all of the fixtures, finishes, additions and other Tenant's Work items, from the point of connection to the extent Building or to the Building's systems, but excluding those items which are "Building Standard" and provided to Tenant as part of the original Building improvements, which Landlord shall continue to maintain as part of Landlord's obligations set forth in Sections 7under Paragraph A above. Without limiting the foregoing, 12 Tenant's obligations shall extend to and 27 hereofinclude the following items, and every part thereof: plumbing and plumbing fixtures installed by Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition within the Premises; special or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) supplementary heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects installed for the exclusive use of the operation Premises; non-standard electrical, lighting and management other utility systems, facilities and equipment located within the Premises and; all trade fixtures, interior walls, interior surfaces of Building 2exterior walls, except as specifically set forth in this Lease including Section 12 hereofceilings, windows, doors, cabinets, draperies, window coverings, carpeting and other floor coverings, plate glass and skylights located within the Premises. Tenant shall provide Landlord with copies of all service contractsnot commit or permit any waste in or about the Premises, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after Building or the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such billsProject. Tenant shall further use shall, at its sole cost and expense, make all reasonable precautions to prevent waste repairs to the Premises. Notwithstanding the foregoing, Building and Project, including without limitation structural repairs, which are required, in the event reasonable opinion of Landlord, as a result of any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained misuse, neglect, negligent or intentional act or omission committed or permitted by Tenant as hereinabove called for no longer can be maintained or by any subtenant, agent, employee, supplier, shipper, customer, invitee or servant of Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) that if the Landlord's reimbursable share loss is large enough to justify the filing of an insurance claim by Landlord and Landlord elects to so file such a claim (but without having any single capital expenditure proposed is greater than $100,000 that obligation to do so), then Landlord has been advised will effect such repairs in accordance with the provisions of Section XVIII (Damage and has approved such capital expenditureDestruction) below, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then and Tenant shall be relieved from reimburse Landlord for any requirement to make such capital expenditurecosts not covered by insurance proceeds actually received by Landlord.

Tenant’s Obligations. Except Tenant agrees to put and maintain the Premises in a first class condition (including, but not limited to, performance of Tenant's Work pursuant to Article 39), damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the Tenant is taking the Premises in "as is" condition (including the heating, ventilation and air conditioning system). Tenant shall perform all maintenance not expressly covenanted to be performed by Landlord. Tenant shall not permit the Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste. Tenant shall not place on the exterior of exterior demising walls (including both interior and exterior surfaces of windows and doors) or on any part of the Building outside the Premises, any signs, symbol, advertisement or the like visible to public view outside of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, and the issuance of any required governmental permits or approvals. Tenant shall cause garbage and refuse to be properly stored within the Premises and removed by the refuse at Tenant's sole cost and expense. Until such removal is effected, Tenant shall keep all garbage or refuse suitably covered so that the same is not visible to the extent public, and Tenant shall prevent pest and vermin infestation of Landlordsame. Tenant shall enter into an extermination contract with an extermination company of national reputation which will provide the Premises with weekly extermination. The entire cost for this service shall be paid by Tenant and a copy of the contract must be submitted by Tenant to Landlord at least ten (10) days prior to the opening of its operation or the Rent Commencement Date of this Lease, whichever is first to occur. Tenant shall, at its own cost and expense, employ first-class contractors (duly licensed and trained for the applicable equipment) to perform all of Tenant's repair and maintenance obligations set forth for the heating/cooling and ventilating systems (HVAC), all grease traps, restaurant fire suppression system, smoke and heat detector systems and kitchen exhaust system, which systems shall be maintained in Sections 7a first class condition, 12 consistent with all manufacturer's specifications and 27 hereofall applicable governmental regulations. A copy of each such contract must be submitted by Tenant to Landlord upon written demand therefor at least ten (10) days prior to the opening of its operation or the Rent Commencement Date of this Lease, whichever is earlier. If the Tenant fails to employ a contractor for the purposes described herein above, then the Landlord may employ such a contractor and the Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which cost shall be charged as Additional Rent hereunder and shall be due and payable upon demand. Unless a greater frequency or scope off maintenance is otherwise specified in writing by the manufacturer of any such equipment such maintenance shall include (i) at least semi-annual inspections and cleaning of said units and systems, together with such adjustments and servicing as additional Rent within ten each such inspection discloses to be required and (10ii) days of rendition of such bills. Tenant all repairs, testing and servicing as shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained be necessary or reasonably required by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureinsurance underwriter.

Tenant’s Obligations. Except Subject to the extent provisions of Landlord's obligations set forth in Sections 73.01, 12 3.08 and 27 4.03 hereof, commencing on the Commencement Date, Tenant will pay to Landlord as Additional Rent along with each Base Rent payment its prorata share (66%) ("Prorata Share") of Operating Expenses (as hereinafter defined). The Tenant's Prorata Share of Operating Expenses payable hereunder for the Operating Years in which the Demised Term begins and ends shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails prorated to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable correspond to that portion of said Operating Years occurring within the useful life Demised Term. In the event the existing building is expanded or other improvements are constructed on the Premises, Tenant's Prorata Share shall be adjusted accordingly. In addition, subject to the provisions of Section 3.08 hereof, Tenant will pay to Landlord, as an Operating Expense, its Prorata Share of all real estate taxes, personal property taxes, excise taxes, applicable sales tax, business and occupation taxes, occupational license taxes, water charges, and sewer charges, (each such part tax, water charge, sewer charge, etc. which Tenant is obligated to pay hereunder being hereinafter sometimes called collectively "Taxes" and each a "Tax"), except only those taxes specifically excluded by Section 3.08 hereof, which, at any time during the Demised Term hereof, shall be or become due and payable and which: (a) shall be levied, assessed or imposed upon or against the Premises or any portion thereof, or any interest of Landlord therein or under this Lease; or (b) shall be or become liens upon or against said Premises or any portion thereof, or any such interest of Landlord therein, or under this Lease; or (c) shall be levied, assessed or imposed upon or against Landlord by reason of any actual or asserted engagement by Landlord, directly or indirectly, in any business, occupation or other activity in connection with the Premises or any portion thereof; or (d) shall be levied, assessed or imposed upon or against, or which shall be measured by, any rents or rental income, as extends beyond such, payable to or on behalf of Landlord, in connection with the then remaining term Premises or any portion thereof, or any interest of Landlord therein; or (including option periodse) shall be levied, assessed or imposed upon or in connection with the ownership, leasing, management, maintenance, repair, use or occupancy of the Premises or any portion thereof; under or by virtue of any present or future law, statute, ordinance, regulation or other requirement of any governmental authority whatsoever, whether exercised federal, state, county, city, municipal or not) otherwise, it being the intention of this Lease (and if any option period is not eventually exercisedthe parties hereto that, insofar as the same may lawfully be done, Landlord shall make an additional payment to reimburse Tenant on be free from all such expenses and all such real estate taxes, personal property taxes, excise taxes, applicable sales tax, business and occupation taxes, occupational license taxes, water charges, sewer charges, assessments and other governmental impositions and charges, except only those taxes specifically excluded by Section 3.08 hereof. (f) Notwithstanding the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then foregoing Tenant shall be relieved from solely liable for any requirement and all taxes, assessments, liens and encumbrances against Landlord or the Premises imposed on or arising from, for or by reason of any or all of (i) Tenant's compliance or noncompliance with its obligations for or by reason of any Environmental Law, whether for or under this Lease or any other Agreement made between Tenant or any of its predecessors or affiliates and Landlord or any of its predecessors or affiliates (expressly including that certain Agreement of Sale made on or about March 13, 2018 (the "Sale Agreement") or the Access Agreement dated of even date herewith governing Tenant's obligations as Seller for remediation activities at the Premises (the "Access Agreement"), (ii) spills, discharges or conditions of Hazardous Materials at or about the Premises to make such capital expenditurethe extent Tenant or any of its predecessors or affiliates has liability for or by reason of same under Environmental Law, this Lease or any other Agreement made between Tenant or any of its predecessors or affiliates and Landlord or any of its predecessors or affiliates, or (iii) permits, approvals, or the like for or by reason of remediation at and about the Premises conducted by or for Tenant or any of its predecessors or affiliates. The undertakings, covenants and obligations imposed on Tenant under this Section 3.02(f) shall survive the termination or expiration of this Lease.

Tenant’s Obligations. Except for those items described in Section 9.A above which are required to be maintained and repaired by Landlord or as described in this Section 9.B below, Tenant shall clean, maintain, repair and replace when necessary the Buildings and every part thereof through regular inspections and servicing, including but not limited to the following to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs (as defined in Section 9.C below): (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment, (iii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights other than washing of Landlord's obligations set forth in Sections 7exterior surfaces of Building exterior window, 12 (v) all electrical facilities and 27 hereofequipment, Tenant shall (vi) all automatic fire extinguisher equipment, (vii) all elevator equipment and (viii) the roof membrane system. All wall surfaces and floor tile are to be responsible for cleaning, operating, maintaining and repairing maintained in good order condition and condition in its existing condition or such better condition in which it may be put reasonable repair, normal wear and tear and casualty and takings excluded, the entire Premises, including excepted (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; subject to Section 16 below). With respect to items (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls above, Tenant shall provide Landlord a copy of a service contract between Tenant and windows; (ix) building entry security system; (x) provision a licensed service contractor providing for periodic maintenance of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of systems or equipment in conformance with the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofmanufacturer’s recommendations. Tenant shall provide Landlord with copies a copy of all service contractssuch preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any item in (i) through (viii) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Buildings or Project, Landlord may assume the obligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs (as defined in Section 9.D below) and Tenant shall during the period of such assumption have no obligation to clean, maintain, repair or replace such item. Notwithstanding this Section 9.B above, if anyTenant determines that any Building components located in or servicing the Premises which Tenant is required to repair (other than Tenant Improvements or Alterations or work required of Tenant to comply with applicable Laws pursuant to Section 8.C) are in need of material repair or replacement, maintained by and (i) the cost of such repair replacement is in excess of Twenty Five Thousand Dollars ($25,000), and (ii) the material repair or replacement constitutes a capital cost under generally accepted accounting principles, then Tenant during the term shall notify Landlord of this Leasesame in writing. If Tenant fails notifies Landlord of the foregoing pursuant to maintain and perform its obligations under this Sectionthe prior sentence, then Landlord may after the occurrence and during the continuance of shall cause such repair or replacement (whether an Event of Default, but item is not required to, perform such obligations and xxxx Tenant the cost thereof, which repaired or replaced shall be due and payable as additional Rent within ten (10determined by Landlord in its reasonable discretion) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste be made, subject to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained reimbursement by Tenant as hereinabove called for no longer can follows: The entire cost incurred by Landlord with respect to such work, together with interest thereon at the Agreed Interest Rate, shall be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, amortized over the useful life of such replaced part exceeds the remaining capital repair or replacement, as reasonably determined by Landlord in accordance with generally accepted accounting principles, and the monthly amortized cost (and interest thereon) shall be a Reimbursable Operating Cost to be paid by Tenant under this Lease Term (including option periods, whether exercised until the earlier of the Expiration Date or not) then upon completion the date that the entire cost of such replacement work and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord interest thereon has been advised of and has approved such capital expenditure, such approval not reimbursed to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth in Sections 7Tenant shall, 12 at its sole cost, keep and 27 maintain and repair and said Premises and appurtenances and every part hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to, roof membrane, glazing, sidewalks, parking areas, telephone, plumbing, electrical and HVAC systems, and all the Tenant Improvements in good and sanitary order, condition, and repair. Tenant shall enter into a service contract with a licensed air-conditioning and heating contractor which contract shall provide for maintenance of all air conditioning and heating equipment at the Premises in accordance with general industry practices. Tenant shall pay the cost of all air-conditioning heating, and elevator equipment repairs which are either excluded from such service contract or any existing equipment warranties. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements, except for damage resulting from normal wear and tear, casualty or other acts of God, Landlord, Landlord’s agents, employees, contractors or invitees (“Landlord Parties”) the following: In no event, however, shall Tenant’s obligation to repair under this subsection extend to (i) heating, ventilating damage and air conditioning systems and equipmentrepairs covered under any insurance policy carried by Landlord in connection with the Building; (ii) mechanical systems and equipment; damage caused in whole or in part by the negligence or willful misconduct of Landlord or Landlord’s agents, employees, invitees or licensees, (iii) life safety systems reasonable wear and equipmenttear; (iv) hot water heater(s), plumbing system and equipmentconditions covered under any warranties of contractors; or (v) electrical system damage by fire and equipment; (vi) sprinkler system other casualties, or acts of governmental authorities, or acts of God and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofelements. Tenant shall provide Landlord also be responsible, at its sole cost and expense for the preventive maintenance of the membrane of the roof, which responsibility shall be deemed properly discharged if (i) Tenant contracts with copies of a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant’s sole cost, to inspect the roof membrane at least every six (6) months, with the first inspection due the sixth (6th) month after the Commencement Date, and (ii) Tenant performs, at Tenant’s sole cost, all service contractspreventive maintenance recommendations made by such contractor within a reasonable tune after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and drains, if anyremoving debris from the roof membrane, maintained by trimming trees overhanging the roof membrane, applying coating materials to seal roof penetrations, repairing blisters, and other routine measures. Tenant during make available for Landlord’s inspection such preventive maintenance contracts and paid invoices for the term of this Leaserecommended work. If Tenant fails agrees, at its expense, to water, maintain and perform its obligations under this Sectionreplace, when necessary, any shrubbery and landscaping. Nothing herein shall require either Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx or Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. to replace any Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureImprovements.

Tenant’s Obligations. Except to Tenant shall at all times and at -------------------- its own expense clean, keep and maintain in good order, condition and repair every part of the extent of Premises which is not within Landlord's obligation pursuant to Paragraph 17.A.(i), except for any damage thereto caused by the negligence or willful acts or omissions of Landlord or Landlord's Agents. Tenant's repair and maintenance obligations set forth in Sections 7shall include, 12 all plumbing and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, sewage facilities within the entire Premises, including (but not limited to) the following: (i) heatingfixtures, ventilating interior walls and air conditioning systems ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment; (ii) mechanical , including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Landlord will obtain HVAC systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth preventive maintenance contracts with quarterly service in this Lease including Section 12 hereof. Tenant shall provide Landlord accordance with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereofmanufacturer recommendations, which shall be due subject to the reasonable approval of Landlord and payable as additional Rent within ten (10) days paid for by Tenant, and which shall provide for and include replacement of rendition filters, oiling and lubricating of such billsmachinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance including annual maintenance of duct work, interior unit drains and caulking at sheet metal and recaulking of jacks and vents. Tenant shall further use have the benefit of all reasonable precautions warranties available to prevent waste Landlord regarding the equipment in such HVAC systems. The cost of any repair or replacement of Capital Equipment in or on the Premises, including but not limited to the Premisesroof and HVAC equipment, shall be amortized over the useful life of the Equipment, as established by the manufacturer or supplier of such an item, but in no event to exceed fifteen (15) years. Such amortization shall be based on the Tenant paying for a pro rata share of such cost by taking the remaining Lease Term and dividing it by the useful life, but in no case shall this ratio exceed 100%. If Tenant extends this Lease, it will reimburse Landlord for any unamortized portion of this cost during that extension, and any other portions of the Premises to be maintained by Tenant. Notwithstanding the foregoing, Tenant shall have no obligation to perform any item of repair or maintenance, or to pay any cost as part of Outside Area Expenses, as defined below, or otherwise, which is: (i) necessitated by the acts or omissions of Landlord or Landlord's Agents; (ii) occasioned by fire, acts of God or other casualty; (iii) required as a consequence of any construction defect in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheldPremises; (biv) the Landlord's reimbursable share of any single capital expenditure is less than $100,000by third parties; or (cv) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur properly treated as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurea Capital Improvement (except as provided below).

Tenant’s Obligations. Except to the extent of Landlordas otherwise specifically provided herein Tenant shall, at Tenant's obligations set forth in Sections 7expense, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing keep in good and safe condition, order and condition in its existing condition or such better condition in which it may be put reasonable wear repair the Premises and tear and casualty and takings excluded, the entire Premisesevery part thereof, including without limitation, (but not limited toa) all plumbing, fire sprinkler and sewage systems, and all ducts, pipes, vents or other parts of the following: (i) heating, ventilating ventilation and air conditioning systems and equipment; system (iithe "HVAC") mechanical systems and equipment; which service only the Premises (iii) life safety systems and equipment; (iv) hot water heater(sas opposed to servicing an area larger than the Premises), plumbing system (b) all electrical and equipment; lighting facilities, systems, appliances, and equipment within the Premises including all wiring therein, (vc) electrical system all fixtures, non structural interior walls, interior 5 surfaces of exterior walls, non structural floors, and equipment; ceilings, and (vid) sprinkler system all windows, doors, entrances, all glass (including plate glass), and equipment; (vii) elevator system skylights located within the Premises, and equipment; (viii) exterior walls the roof membrane. Tenant's responsibility for maintenance and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations repair shall include all aspects such facilities or systems that are located on or within the walls and floor of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofPremises. Tenant shall provide Landlord with copies of maintain, repair and replace when necessary all service contractsHVAC equipment which services only the Premises, if any, maintained by Tenant and shall maintain in full force at all times during the term of this LeaseLease an HVAC systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all such HVAC systems. If Said contract shall provide for periodic servicing no less than every ninety (90) days and shall include without limitation replacement of filters, oiling and lubricating of machinery, adjustment of drive belts, oil changes, weather proofing of all exposed HVAC equipment and ducts, parts replacement and other preventive maintenance provided, however, that Tenant fails shall have the benefit of all warranties available to maintain Landlord regarding the equipment in said systems. Notwithstanding the foregoing Landlord may, by written notice to Tenant, elect at any time to assume responsibility for performing maintenance, repair and perform its obligations under replacement of all HVAC equipment servicing only the Premises. All costs incurred by Landlord in performing such maintenance, repair and replacement shall be paid by Tenant on a periodic basis within ten (10) days after receipt of a written invoice therefor from Landlord. Any costs incurred while performing maintenance and repair work which benefits more than one tenant in the building shall be prorated among all tenants so benefited. Tenant shall furnish Landlord with a copy of the HVAC service contract required by this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereofparagraph, which shall provide that it may not be due cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of like kind and payable as additional Rent quality. If the repair work is a repair to the Premises which affects the structural parts of the Building, or if the estimated cost of any item of repair exceeds $5,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used and the contractor. If repair work is required in an emergency situation in which tenant can not contact Landlord, then Tenant shall be allowed to make emergency repairs and Landlord agrees to reimburse Tenant for the cost of the repair work within ten (10) days of rendition receipt of such billsinvoices therefor from Tenant.. Tenant hereby waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good condition, order and repair. Tenant shall further use specifically waives all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoingrights it may have under Sections 1932(1), in the event any part 1941, and 1942 of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term California Civil Code, and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised any similar or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised successor statute or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.

Tenant’s Obligations. Except to for items which are the extent obligation of Landlord's obligations set forth in Sections 7, 12 and 27 Landlord under Section 10.01 hereof, Tenant shall be responsible Tenant, for cleaningand during the Term of this Lease, operatingat Tenant's sole cost and expense, maintaining assumes all responsibility and repairing obligation for the physical condition of the Demised Premises and shall: (a) Keep and maintain in good order repair, as well as paint and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excludeddecorate, the entire Premisesexterior and interior of the Demised Premises including, including (but not limited to) the following: (i) , all structural repairs, roof, floor, doors, windows, dock levelors, heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s)systems, plumbing system and equipment; (v) electrical system and equipment; (vi) system, sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior plumbing facilities. Damage to party walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects be repaired by Tenant if the cause of the operation damage is initiated on the Demised Premises; (b) Keep and management maintain the Demised Premises in a clean and sanitary condition free from rubbish, flammable or other objectionable materials; (c) Perform all normal routine adjustments and maintenance on all equipment, including but not limited to filter changes, cleaning and lubrication of Building 2heating, except ventilating and air conditioning systems; (d) Repair or replace as specifically required, all mechanical and working parts used in connection with doors, windows, dock levelors, the heating, air conditioning, electrical, plumbing and sprinkler and other systems; (e) Keep, maintain and repair all drainage facilities including drainage pipes, ditches and detention areas, as well as the lawns, shrubbery, driveways and parking areas, including the keeping of the driveways, sidewalks and steps and parking areas free and clear of ice and snow; and (f) Comply with all present and future applicable Federal, State and local laws, ordinances and codes and all applicable rules, regulations and requirements, including without limitations, those relating to environmental protection and the requirement set forth in this Lease including Section 12 hereofthe applicable sections of the "National Fire Codes" as published by the National Fire Protection Association; and pay any and all costs of compliance and all fines and penalties imposed upon Landlord, or consequential damages incurred, by reason of any violations thereof. Tenant shall provide Landlord with copies Without limiting the generality of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in Tenant acknowledges and agrees that it shall promptly repair any and all damage to the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained Demised Premises, whether caused by Tenant as hereinabove called for no longer can be maintained or Tenant's employees, agents, guests, invitees, licensees, subtenants, related persons, contract warehousemen (or similar), however caused, including, without limitation, any damage caused by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to operation of forklifts or other equipment in or about the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureDemised Premises.

Tenant’s Obligations. Except Subject to the extent of Landlord's obligations as set forth in Sections 7, 12 and 27 hereofSection 8.5 below, Tenant shall be responsible for cleaningagrees, operatingat Tenant's sole cost and expense, maintaining to take good care of the Premises, including the Improvements, and repairing in good order keep same and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excludedall parts thereof, including without limitation, the entire exterior and interior, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes, and appurtenances thereto together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the Land, including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including (the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not limited to) the following: (i) heatingby way of limitation, ventilating snow and air conditioning systems ice clearance, landscaping and equipment; (ii) mechanical systems removal of waste and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofrefuse matter. Tenant shall provide Landlord with copies not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of all service contractsany insurance policies which may, if anyat any time, maintained by Tenant during be required under the term provisions of this Lease. If Tenant fails shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk. No less than one (1) time in any calendar year, Tenant shall cause a roof inspection to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such billsperformed by a contractor reasonably acceptable to Landlord. Tenant shall further use all reasonable precautions deliver a copy of the report with respect to prevent waste such inspection to Landlord and shall comply with the recommendations contained therein. No more often than one (1) time in any calendar year, Landlord shall pay to Tenant an amount equal to the Premises. Notwithstanding the foregoinglesser of (i) actual expenses incurred by Tenant in connection with Tenant's maintenance, in the event any part repair or replacement of the above-mentioned building systems roof (including the costs of any roof inspection) except to the extent required by any alteration Tenant has made to the roof, or (ii) $369.00 ("Landlord's Roof Contribution"). Landlord shall pay Landlord's Roof Contribution to Tenant within fifteen (15) days after receipt of a request from Tenant, which was part request shall be accompanied by invoices for work performed and other evidence of the premises at the commencement of the Lease Term and which has been properly maintained amount expended by Tenant as hereinabove called for no longer can be maintained reasonably requested by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.

Tenant’s Obligations. Except to for those portions of the extent Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of Landlord's obligations set forth this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, those HVAC Systems in Sections 7or serving only the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, 12 and 27 hereofemergency and extraordinary repair of the air conditioning unit(s) on the Premises), in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall be responsible for cleaning, operating, maintaining make all necessary and repairing in good order desirable repairs and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, replacements to the entire Premises, including (but not limited to) ordinary and extraordinary, however the following: (i) heatingnecessity or desirability for repairs and replacements shall occur, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. Notwithstanding the foregoingIn connection with any maintenance, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by repairs or replacements conducted by, through or under Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly comply with all applicable federal, state, county and properly replace the same; local laws and to the extentordinances (including, reasonably determinedwithout limitation, the useful life of such replaced part exceeds the remaining Lease Term (including option periodsADA), whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual all rules and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share regulations of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) governmental authority having jurisdiction over the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurePremises.

Tenant’s Obligations. Except to as provided in Section 10.1 above, Tenant, at Tenant’s sole expense, shall maintain, repair and replace all non-structural portions of the extent of Landlord's obligations set forth in Sections 7, 12 Building and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the entire interior and exterior and all improvements now or hereafter located on the Premises, and keep same and all parts thereof in good condition order and repair, including without limitation, the following: (ia) all HVAC, plumbing, electrical, sewerage and mechanical systems exclusively serving the Premises; (b) all fixtures, interior walls, floors (excluding subfloors and foundations), carpets, draperies, window coverings, and ceilings; (c) all windows, doors, entrances, and plate glass; (d) interior and exterior lighting; (e) any fire detection or extinguisher equipment; (f) interior walls, (f) public and private utility connections exclusively serving the Premises from the point of connection to the Premises, (j) pipes and mains exclusively serving the Premises from the point of connection to the Premises; and (k) all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. Tenant’s obligations shall include all necessary repairs and replacements. All such repairs and replacements shall be of reasonably similar quality as the item so replaced and sufficient for the proper maintenance and operation of the Premises. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. Notwithstanding anything to the contrary herein, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees or contractors. Without limiting the generality of the foregoing, Tenant agrees as follows: 10.2.1 Tenant shall enter into a maintenance contract or contracts, in form and substance and with a firm reasonably satisfactory to Landlord and with Landlord’s prior consent, for the maintenance and regular repair of the mechanical systems, including but not limited to the heating, ventilating and air conditioning systems (the “HVAC”), including exhaust fans. Said maintenance contract(s) shall provide, at a minimum, for quarterly inspections, service and equipment; (ii) mechanical cleaning of said units and systems and shall include (but not be limited to) those requirements appearing on Exhibit I attached hereto and made a part hereof. Tenant’s maintenance obligation shall specifically include such adjustments and servicing as each such inspection discloses to be required, and all repairs, testing and servicing as shall be necessary or reasonably required by Landlord or Landlord’s insurance underwriter. If replacement of the HVAC and any equipment; (iii) life safety , fixtures, units, systems and appurtenances thereto are necessary, Tenant shall replace the same with equipment; (iv) hot water heater(s), plumbing system fixtures, units, systems and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects appurtenances of the operation same quality, and management of Building 2, except as specifically set forth repair all damage done in this Lease including Section 12 hereofor by such replacement. Tenant shall provide Landlord with copies a current copy of all service contractssuch maintenance contract and the scope of work to be performed thereunder. Landlord, if anyat its election, maintained by may enter into such contract in place of Tenant during and charge Tenant for the term of this Leasecost thereof. If Tenant fails to maintain and perform its obligations under this SectionFurther, at Landlord’s option, Landlord may after perform routine filter changes and other preventative maintenance required to be performed by Tenant hereunder and in such case, Tenant shall reimburse Landlord the occurrence costs therefor. Further notwithstanding anything to the contrary herein, if any other replacements for which Tenant is responsible under this Section 10.2 would be considered capital expenditures under GAAP (which for the avoidance of doubt shall not include the HVAC and during any other replacements made by Tenant pursuant to Exhibit E and E-1 with respect to Tenant’s initial Tenant Improvements), then Tenant shall not be obligated to make such replacement and such replacement shall be the continuance sole responsibility of an Event Landlord, in which case the entire cost of Default, but is not required to, perform such obligations replacement shall be amortized over the useful life of such replacement (as Landlord shall reasonably determine in accordance with generally accepted accounting practices) and xxxx Landlord and Tenant shall proportionately share the cost thereofof such replacement, with Tenant’s share (1) based on the proportion that the number of months left in the Term bears to the number of months in the useful life of such replacement, and (2) paid within thirty (30) days of Tenant’s receipt of Landlord’s invoice therefor; however, any such calculation shall not include any available extension terms, unless Tenant validly exercises any available extension option, in which case Tenant’s share shall be due recalculated upon Tenant’s exercise of any such option (or, if Tenant does not have any available extension terms and payable this Lease is renewed or extended by mutual agreement of the parties, upon Landlord and Tenant agreeing in writing to an extension of this Lease beyond the then-current Term) and Tenant shall pay to Landlord the difference between Tenant’s share as additional Rent recalculated and Tenant’s share as originally calculated (“Landlord’s Capital Replacement Obligation”). 10.2.2 Tenant shall be responsible for the maintenance and upkeep of the entire fire sprinkler system, including but not limited to microbiologically influenced corrosion testing and remediation. Tenant shall conduct quarterly flow checks on the sprinkler system. In addition, Tenant shall be responsible for fire pump inspection and testing on an annual basis. 10.2.3 Tenant shall keep and maintain written reports of the maintenance and repair to the mechanical systems, and the fire sprinkler system and forward copies of each inspection report to Landlord within ten (10) days of rendition of such billseach inspection. Tenant shall further use all reasonable precautions also provide information and backup for major repairs to prevent waste to any Building systems, including any warranties on the Premises. Notwithstanding work, that occurred at any time during the foregoing, Term. 10.2.4 Tenant shall maintain the lighting in the event any part Premises (including replacement of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term bulbs and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) batteries). Tenant shall promptly conduct quarterly tests on emergency lighting and properly replace the same; provide Landlord a copy of each such test. Bulbs, ballasts and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant light fixtures shall be relieved from any requirement to make such capital expenditurereplaced whenever they fail.

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth as provided in Sections 7Paragraphs ---------------------- 6.2(a), 12 8.2, 15, and 27 hereof16, Tenant shall be responsible for cleaningshall, operatingat Tenant's expense, maintaining and repairing keep in good and safe condition, order and condition in its existing condition or such better condition in which it may be put reasonable wear repair the premises and tear and casualty and takings excluded, the entire Premisesevery part thereof, including without limitation, all plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the premises; fixtures, interior walls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, all glass (but not limited to) including plate glass), and skylights located within the following: (i) premises. Tenant shall, at Tenant's expense, maintain in full force at all times during the term of this Lease a heating, ventilating and air conditioning ("HVAC") systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all HVAC systems servicing the premises, which shall provide for and equipment; (ii) mechanical systems include without limitation replacement of filters, oiling and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s)lubricating of machinery, plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision parts replacement, adjustment of drive belts, oil changes, weather proofing of all cleaningexposed HVAC equipment and ducts, trash removal and exterminating servicesother preventive maintenance; such obligations provided, however, that Tenant shall include have the benefit of all aspects of warranties available to Landlord regarding the operation and management of Building 2, except as specifically set forth equipment in this Lease including Section 12 hereofsaid systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall provide for the periodic washing of all such windows at least once every ninety (90) days during the Lease term. Tenant shall furnish Landlord with copies of all such service contracts, if any, maintained which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant during the term shall be made promptly with new materials of this Leaselike kind and quality. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during repair work affects the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any part structural parts of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by TenantBuilding, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share estimate cost of any single capital expenditure proposed is greater than item of repair exceeds $100,000 that Landlord has been advised of and has approved such capital expenditure1,000, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be relieved from used, and the contractor. Tenant hereby waives the benefit of any requirement statute now or hereinafter in effect which would otherwise afford Tenant the right to make such capital expenditurerepairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises in good condition, order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), 1941, and 1942 of the California Civil Code, and any similar or successor statute or law.

Tenant’s Obligations. Except Tenant agrees, at Tenant's sole cost and expense, to take good care of the extent Premises, including the Improvements, but excluding the structural components (as defined in Section 8.3 below) of Landlord's obligations set forth in Sections 7the Building and keep same and all parts thereof, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excludedincluding without limitation, the entire exterior and interior, parking areas, sidewalks, railroad tracks (if any), water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes (if any), and appurtenances thereto together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the Land, including, without limitation, the entire interior and exterior of the Improvements, but excluding the Structural Components, sidewalks, parking areas, railroad tracks (if any), water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including (the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not limited to) the following: (i) heatingby way of limitation, ventilating snow and air conditioning systems ice clearance, landscaping and equipment; (ii) mechanical systems removal of waste and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofrefuse matter. Tenant shall provide Landlord with copies not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of all service contractsany insurance policies which may, if anyat any time, maintained by Tenant during be required under the term provisions of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to not obstruct or permit the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share obstruction of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditureparking area, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; adjoining street or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expendituresidewalk.

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth as expressly provided in Sections 7, 12 and 27 hereofParagraph 5.1(b), Tenant shall be responsible for cleaningshall, operatingat all times during the Lease Term and at its sole cost and expense, maintaining regularly clean and repairing continuously keep and maintain in good order order, condition and condition in its existing condition or such better condition in which it may be put reasonable wear repair the Leased Premises and tear and casualty and takings excludedevery part thereof including, without limiting the entire Premisesgenerality of the foregoing, including (but not limited to) the following: (i) all interior walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps and all heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system all entranceways to the Leased Premises, and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofpaved areas. Tenant shall provide Landlord with copies of all service contractsshall, if anyat Tenant’s sole cost and expense, maintained by Tenant during institute an industry standard preventative maintenance program using a qualified and licensed heating, ventilating and air conditioning company which regularly inspects and performs required maintenance on the term of this Lease. If Tenant fails to maintain heating, ventilating and perform its obligations under this Section, Landlord may after air conditioning equipment and systems serving the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Leased Premises. Notwithstanding the foregoing, Tenant shall have no obligation or liability for any roof maintenance or repair based on damage or wear and tear that existed prior to January 1, 2004, except to the extent that any act or omission of Tenant or any Tenant Related Party resulted or results in the event any part a violation of the above-mentioned building systems which was part roof warranty in effect as of the premises Lease Commencement Date. Tenant shall, at all times during the commencement Lease Term, keep in a clean and safe condition the Outside Areas. As needed, Tenant shall sweep and clean the driveways and parking areas. Tenant shall, at its sole cost and expense, repair all damage to the Leased Premises caused by the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and without waiving any other remedy it may otherwise have under this (a) require that Tenant make a repair, replacement or expenditure whose benefit extends beyond the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replacedis deemed a capital improvement in accordance with generally accepted accounting principles, then (provided Landlord shall pay the cost thereof; however, such cost shall be amortized by Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determinedon a straight-line basis, over the useful life of such replaced part exceeds item, utilizing an interest rate of zero percent (0%), and the remaining Lease Term (including option periods, whether exercised or not) then upon completion monthly amortized cost of such replacement any item so amortized shall be included in the Property Maintenance Costs and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse charged to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Additional Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.

Tenant’s Obligations. Except to as provided in Section 7.2 and the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Addendum; Tenant shall be responsible for cleaning, operating, maintaining and repairing keep the Premises in good order order, condition and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, repair during the entire PremisesLease Term, including (but not limited to) the followingwithout limitation: (i) all nonstructural, interior, exterior, and landscaped areas, all heating, ventilating ventilation and air conditioning systems and equipmentequipment exclusively serving the Premises; (ii) mechanical systems all glass, glazing, windows, window moldings, partitions, doors and equipmentdoor hardware; (iii) life safety systems all interior painting; all fixtures and equipmentappurtenances in the Premises or exclusively serving the Premises including electrical, lighting and plumbing fixtures; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects other portions of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofPremises seen or unseen. Tenant shall provide Landlord with copies replace at its sole cost and expense any of all service contractsthe systems and other portions of the Premises for which it is responsible hereunder during the Lease Term, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such billsnecessary. Tenant shall further use all reasonable precautions to prevent waste to promptly replace any portion of the Premises or system or equipment exclusively serving the Premises in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. If any heating and air conditioning system or equipment exclusively serves the Premises, Tenant shall additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such contractor verifying that such a contract has been entered into and that the required service will be provided. Notwithstanding the foregoing, in Landlord shall have the event any part right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance and repair of the above-mentioned building systems which was part of the premises heating and air conditioning system, at the commencement of the Lease Term Tenant's sole cost and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureexpense.

Tenant’s Obligations. Except to the extent of Landlord's obligations as set forth in Sections 7, 12 and 27 hereofSection 8.1B below, Tenant shall be responsible for cleaningagrees, operatingat Tenant's sole cost and expense, maintaining to take good care of the Premises, including the Improvements, and repairing in good order keep same and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excludedall parts thereof, including without limitation, the entire exterior and interior, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes, and appurtenances thereto together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Except as set forth in Section 8.1B below, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the Land, including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including (the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not limited to) the following: (i) heatingby way of limitation, ventilating snow and air conditioning systems ice clearance, landscaping and equipment; (ii) mechanical systems removal of waste and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofrefuse matter. Tenant shall provide Landlord with copies not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of all service contractsany insurance policies which may, if anyat any time, maintained by Tenant during be required under the term provisions of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to not obstruct or permit the Premises. Notwithstanding the foregoing, in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share obstruction of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditureparking area, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; adjoining street or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expendituresidewalk.

Tenant’s Obligations. Except Tenant agrees to- 4.1 Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date, subject to an extended term as provided herein. 4.2 Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use. 4.3 Obey (i) all applicable laws relating to the extent use, condition, and occupancy of the Premises and Building; (ii) any requirements imposed by utility companies serving or insurance companies covering the Premises or Building; and (iii) any rules and regulations for the Building (s) and its premises that may be reasonably adopted by Landlord. 4.4 Pay monthly, in advance, on the first day of the month, the Base Rent to Landlord at Landlord's obligations set forth in Sections 7Address. 4.5 Pay a late charge of $200.00 of any Rent not received by Landlord by the fifth (5th) day after it is due. 4.6 Reimburse Landlord within thirty (30) days of receipt, 12 for all real property taxes and 27 hereofinsurance paid on the Premises. (a) Notwithstanding any term or provision herein contained to the contrary, Tenant shall be responsible liable for cleaningand shall pay, operatingbefore delinquent, maintaining and repairing in good order and condition in its existing condition all taxes levied or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, assessed against or for leasehold improvements to the entire Premises, including (fixtures, lighting fixtures, merchandise, equipment, interior partitions, heating, cooling or ventilating equipment located within or for only the Premises, any interior improvement or other property situated or installed in or upon the Premises, whether or not affixed to the Premises, and any such tax attributable to the Premises or improvements by or for the benefit of Tenant upon the Premises, including, but not limited to) , the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations itself. In the event that the taxing authority shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant at any time during the term of this Lease. If Lease assess any of the above-described property against the Premises, the taxes thus assessed shall be paid by Tenant fails to Landlord or the taxing authority with a copy to Landlord no later than twenty (20) calendar days prior to their due date to the taxing authority. 4.7 Obtain and pay for all utility services of whatever kind, including but not limited to, water, gas, electricity, and refuse services used by Tenant. 4.8 Submit to Landlord, a request for any modifications or improvements to the Premises. 4.9 Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants. 4.10 Repair, replace, and maintain any and perform all parts of the building(s) and its obligations under this Section, Premises that Landlord may after the occurrence and during the continuance of an Event of Default, but is not obligated to repair, replace, or maintain, reasonable wear excepted. 4.11 Keep the sidewalks, service ways, and loading areas adjacent to the Premises clean and unobstructed. 4.12 Submit in writing to Landlord any request for repairs, replacement, and maintenance that are the obligations of Landlord. 4.13 [Reserved] 4.14 Vacate the Premises and return all keys to the Premises on the last day of the Term. 4.15 Pay all costs caused by Tenant's introduction of materials into the sanitary sewer system, and indemnify Landlord from any liability as to Tenant’s violation of any local, state or federal law as to disposal of materials. 4.16 If applicable for Tenant’s purposes, install and maintain any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps, or other devices required toby law or any change in law, perform such obligations and xxxx Tenant for the cost thereof, which shall be due and payable as additional Rent within Permitted Use of the sanitary sewer system. 4.17 Following ten (10) business days prior written request, execute an estoppel certificate that states the Commencement Date and Termination Date of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste the lease, identifies any amendments to the Premiseslease, describes any rights to extend the Term or purchase rights, lists defaults by Landlord, and provides, to Tenant’s actual knowledge, any other information reasonably requested. 4.18 INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. Notwithstanding THE INDEMNITY CONTAINED IN THIS PARAGRAPH (i) IS SUBJECT TO THE WAIVER OF SUBROGATION CONTAINED IN SECTION 6.4 HEREIN, (ii) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (iii) WILL SURVIVE THE END OF THE TERM, AND (iv) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR THOSE ACTING ON ITS BEHALF. 4.19 Use the foregoing, in Premises for any purpose other than the event any part Permitted Use. 4.20 Create a nuisance. 4.21 Interfere with Landlord's management of the above-mentioned building systems which was part of Premises. 4.22 Permit any waste. 4.23 Use the premises at Premises in any way that would increase insurance premiums or void insurance on the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Premises. 4.24 Change Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace lock or security system without written permission of Landlord. 4.25 Alter the same; and to the extentPremises, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period)express written permission from Landlord; provided, however, if Landlord does not so reimburse Tenant as required under this provision then that Tenant may set off such make non-structural alterations to the Premises in an amount against of up to $100,000.00 in any calendar year without Landlord’s written consent. 4.26 Allow a lien to be placed on the payment Premises. 4.27 Assign this lease or sublease any portion of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "the Premises without Landlord's Deemed Approval" written consent. Notwithstanding anything in the Lease to the contrary, Lessee may, without Lessor’s approval, assign this Lease or sublease the Premises, in whole or in part, to any parent, affiliate, or subsidiary of Lessee, or in connection with a merger or consolidation of Lessee, or to an entity that has purchased all or substantially all of Lessee’s assets. The term “affiliate” means (a) any person or entity directly or indirectly controlling, controlled by, or under common control with Lessee. For purposes hereof, “control” shall be deemed to be ownership of not less than 50% of all of the voting stock of a corporation or not less than 50% of the legal and equitable interest in any other business entity if Lessee is not a corporation. 4.28 Use the roof on the Premises. 4.29 Place any signs on the Premises without Landlord's reimbursable share written consent, which will not be unreasonably withheld. 4.30 Tenant shall not erect or maintain upon the Premises any signs, advertisements or notices unless: (i) such signs, advertisements and notices are installed according to all laws and ordinances of the City of Tyler and of the State of Texas and any single capital expenditure proposed is greater than $100,000 that applicable restrictive covenants or rules and regulations or design criteria imposed by Landlord has been advised upon the Premises; and (ii) Tenant shall have first obtained the written approval of Landlord as to the size, design, color and has approved location of such capital expendituresign, advertisement and notice, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; , conditioned, or (c) such capital expenditure is required by applicable lawdelayed. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved responsible for all damage to the Premises resulting from the installation, maintenance and removal of such signs, advertisements and notices. 4.31 Remove any requirement to make such capital expenditurefixtures, except for Tenant’s trade fixtures.

Tenant’s Obligations. Except Tenant shall pay, prior to delinquency, all -------------------- charges and fees required to be paid by Tenant under Article IV of this Lease. Landlord may, but shall have no obligation to, install (i) at Tenant's cost separate meters to measure the consumption by Tenant of utility resources including by not limited to, electricity, or (ii) meters to measure such utility resource consumption by two (2) or more tenants, the pro rata share of Tenant and each such other tenant(s) for both installation and resource usage to be equitably determined by Landlord. Tenant shall not without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, and machines using excess lighting or using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except though existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first procure the consent of Landlord which Landlord may refuse, to the extent use thereof. The cost of any electrical or other distribution equipment above building standard minimum and of installation, maintenance, and repair thereof shall be paid for by Tenant; space for electrical or other distribution equipment (including but not limited to electrical panels, switches, feeders, subfeeders and transformers) shall be provided in the Premises as required by code and good space planning procedures, as determined by Landlord's obligations set forth . Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at additional expense incurred in Sections 7keeping account of the water, 12 and 27 hereof, electric current or other resource so consumed. Tenant shall be responsible for cleaningfinding space within the Premises for Tenant's telephone system, operatingequipment, maintaining and repairing in good order cable and condition in shall obtain permits required by law and Tenant shall be responsible at its existing condition or such better condition in which it sole cost and expense for the installation thereof. Any sums payable pursuant to the foregoing provisions of this Section 8.04 shall be considered additional rent and may be put reasonable wear added to any installment of rent thereafter becoming due, and tear and casualty and takings excluded, Landlord shall have the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth same remedies for a default in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition payment of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, sum as for a default in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurerent.

Tenant’s Obligations. Except to Tenant shall, at all times during the extent of Landlord's obligations set forth in Sections 7Lease Term and at its sole cost and expense, 12 regularly clean and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining continuously keep and repairing maintain in good order order, condition and condition in its existing condition or such better condition in which it may be put reasonable wear repair the Leased Premises and tear and casualty and takings excludedevery part thereof including, without limiting the entire Premisesgenerality of the foregoing, including (but not limited to) the following: (i) the interior side of all exterior windows, all interior windows, walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps and all heating, ventilating and air conditioning systems equipment serving the Leased Premises exclusively, and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler the secured access system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of serving the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofLeased Premises. Tenant shall provide shall, at its sole cost and expense, repair all damage to the Leased Premises, the Building, the Outside Areas or the Property caused by the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Leaseto so repair such damages. If Tenant fails shall fail to maintain perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and perform its obligations without waiving any other remedy it may otherwise have under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required toLease or at law, perform such obligations maintenance or make such repairs and xxxx Tenant charge to Tenant, as Additional Rent, the cost thereof, which shall be due and payable as additional Rent costs so incurred by Landlord for same. All glass within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any or a part of the above-mentioned building systems which was part Leased Premises, both interior and exterior, is at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant's expense with glass of the premises at the commencement of the Lease Term same kind, size and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurequality.

Tenant’s Obligations. Except for Landlord’s maintenance and repair obligations under Xxxxxxx 0.X, Xxxxxxx 0.X, Section 15.E and Section 16 of this Lease, Tenant shall clean, maintain, repair and replace when necessary the Building and every part thereof through regular inspections and servicing, including but not limited to the following, to the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, Landlord does not elect to maintain the entire Premises, including (but not limited to) the followingsame as Reimbursable Operating Costs: (i) heatingall plumbing and sewage facilities, (ii) all heating ventilating and air conditioning systems facilities and equipment; (ii) mechanical systems and equipment; , (iii) life safety systems all fixtures, interior walls, floors, carpets and equipment; ceilings, (iv) hot water heater(s)all windows, plumbing system door entrances, plate glass and equipment; glazing systems including caulking, and skylights, (v) all electrical system facilities and equipment; , (vi) sprinkler system and all automatic fire extinguisher equipment; , (vii) elevator system and equipment; the parking lot, (viii) exterior walls and windows; all elevator equipment, (ix) building entry security the roof membrane system; , and (x) provision all waterscape, landscaping and shrubbery. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. With respect to items (ii), (viii) and (ix) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of systems or equipment in conformance with the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereofmanufacturer’s recommendations. Tenant shall provide Landlord with copies a copy of all service contractssuch preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any item in (i) through (x) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Building or Project, Landlord shall assume the obligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs (as defined in Section 9.D below) and Tenant shall have no obligation to clean, maintain, repair or replace such item. Notwithstanding this Section 9.B above, if anyTenant determines that any of the following located in or servicing the Premises (other than Tenant Improvements or Alterations) or the Project are in need of material repair or replacement, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant (i) the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such billsrepair replacement is in excess of Seventy-five Thousand Dollars ($75,000), and (ii) the material repair or replacement constitutes a capital cost under generally accepted accounting principles, then Tenant shall notify Landlord of same in writing: (i) fire and life safety systems, (ii) fire pumps, (iii) elevators, (iv) roof membrane and (v) HVAC units. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding notifies Landlord of the foregoing, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained its reasonable discretion) to be made, subject to reimbursement by Tenant as hereinabove called follows: (1) the first Seventy-Five Thousand Dollars ($75,000) of such cost shall be paid by Tenant not later than thirty (30) days after demand for no longer can be maintained by payment is delivered to Tenant, but based on industry standards must and Landlord shall not be replacedrequired to contract for or begin such work until such amount has been paid to Landlord, then and (provided Landlord's Deemed Approval has occurred2) Tenant the balance of such cost together with interest thereon at the Agreed Interest Rate shall promptly and properly replace the same; and to the extent, reasonably determined, be amortized over the useful life of such replaced part exceeds the capital repair or replacement, as reasonably determined by Landlord in accordance with generally accepted accounting principles, and the monthly amortized cost shall be paid by Tenant to Landlord as additional rent on the first day of each calendar month during the remaining Lease Term Term. If a capital repair (including option periodsresurfacing and restriping) to the parking lot of the Project is required in the last five (5) years of the Lease Term, whether exercised or not) then upon completion and the cost of such repair replacement and is in excess of Seventy-five Thousand Dollars ($75,000), then Landlord shall cause such replacement to be made, subject to reimbursement by Tenant in the payment of same manner as provided in the immediately preceding paragraph. If the cost thereof of any material repair or replacement is Seventy-five Thousand Dollars ($75,000) or less, then such cost shall be a Reimbursable Operating Cost, to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditureextent properly included therein.

Tenant’s Obligations. Except to the extent of for Landlord's obligations set forth in Sections 7, 12 and 27 hereofParagraph 7.3, Tenant shall be solely responsible for cleaningall repair and maintenance of the Premises. Without limiting the generality of the foregoing, operatingat Tenant's sole cost and expense, maintaining Tenant shall (i) maintain the Premises and repairing the sidewalks in front of the Premises in good order condition, (ii) regularly clean the Premises and condition clean, sweep and keep clear of ice and snow the sidewalks in its existing condition front of the Premises and deposit all waste and trash from the Premises and the sidewalks in front of the Premises into trash containers or such better condition a trash area designated by Landlord, and (iii) maintain and repair the Premises and the sidewalks in which it may be put reasonable wear and tear and casualty and takings excluded, front of the entire Premises, including (including, but not limited to) , the following: (i) interior walls of the Premises, Tenant's personal property, fixtures, signs, windows, mirrors, doors, the interior ceiling, the floor coverings and all lighting, electrical, plumbing and heating, ventilating ventilation and air air-conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to or exclusively serving the Premises. Notwithstanding the foregoingPursuant and subject to Paragraph 7.2, Landlord may, at Landlorx'x xxxxxx, xxxxxxx xxx work of maintenance and repair constituting Tenant's obligations hereunder, at Tenant's sole cost and expense. Any work of repair and maintenance performed for Tenant by persons other than Landlord shall be performed by contractors approved in writing by Landlord, in accordance with a repair and maintenance plan approved by Landlord and in compliance with all federal, state and local laws and regulations having jurisdiction thereof and shall comply with the event any part standards of the above-mentioned building systems which was part of the premises quality at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and least equal to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurethose immediately prior thereto.

Tenant’s Obligations. Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "HAZARDOUS MATERIALS" as defined in this Lease), Tenant agrees not to cause or permit any Hazardous Materials to be brought upon, stored, used, handled, generated, released or disposed of on, in, under or about the extent Premises, the Building, the Common Areas or any other portion of the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "TENANT'S PARTIES"), without the prior written consent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for cleaning, operating, maintaining and repairing in good order and condition which consent Landlord may withhold in its existing condition sole and absolute discretion. Upon the expiration or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term earlier termination of this Lease. If Tenant fails , Tenaxx xxxees to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be due and payable as additional Rent within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to promptly remove from the Premises. Notwithstanding , the foregoingBuilding and the Project, in at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the event Premises, the Building and/or the Project or any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained portion thereof by Tenant as hereinabove called for no longer can be maintained or any of Tenant's Parties. To the fullest extent permitted by Tenantlaw, but based on industry standards must be replacedTenaxx xxxees to promptly indemnify, then (provided protect, defend and hold harmless Landlord and Landlord's Deemed Approval has occurredpartners, officers, directors, employees, agents, successors and assigns (collectively, "LANDLORD INDEMNIFIED PARTIES") Tenant shall promptly from and properly replace against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise or result from the same; and to presence of Hazardous Materials on, in, under or about the extent, reasonably determinedPremises, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised Building or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that any other portion of the useful life Project and which are caused or permitted by Tenant or any of such part as extends beyond Tenant's Parties. Tenaxx xxxees to promptly notify Landlord of any release of Hazardous Materials in the then remaining term (including option periodsPremises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease, whether exercised caused by Tenant or not) any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landxxxx'x xortgagee(s). At all times during the Term of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.following reasonable prior

Tenant’s Obligations. Except to the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereofParagraph 5.1(b) below as an obligation of Landlord, Tenant shall be responsible for cleaningshall, operatingat all times during the Lease Term and at its sole cost and expense, maintaining regularly clean and repairing continuously keep and maintain in good order order, condition and condition in its existing condition or such better condition in which it may be put reasonable wear repair the Leased Premises and tear Building 2 and casualty and takings excludedevery part thereof including, without limiting the entire Premisesgenerality of the foregoing, including (but not limited to) the following: (i) heatingall interior walls, ventilating floors and air conditioning systems and equipment; ceilings (except to the extent the maintenance or repair in question is to the Building 2 structural support system), (ii) mechanical systems the interior surfaces of all windows, doors and equipment; skylights, (iii) life safety systems all electrical wiring, conduits, connectors and equipment; fixtures, (iv) hot water heater(s)all plumbing, plumbing system pipes, sinks, toilets, faucets and equipment; drains, (v) electrical system all lighting fixtures, bulbs and equipment; lamps, and all HVAC equipment other than that which Landlord is required to maintain pursuant to Paragraph 5.1(b) below, if applicable., (vi) sprinkler system all entranceways to the Leased Premises, and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects the non-structural portions of the operation Building 2 underground parking garage. Subject to Paragraph 9.3, Tenant shall, at its sole cost and management of expense, repair all damage to the Leased Premises, Building 2, except as specifically the Common Areas or the Property caused by the activities of Tenant or any of the Tenant Parties promptly following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within the applicable notice and cure period expressly set forth in this Lease including Section 12 hereof. Tenant shall provide applicable thereto (or if none is set forth, then within a reasonable period of time following notice from Landlord with copies of all service contractsto do so), if anythen Landlord may, maintained by Tenant during the term of this Lease. If Tenant fails to maintain at its election and perform its obligations without waiving any other remedy it may otherwise have under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required toLease or at law, perform such obligations maintenance or make such repairs and xxxx Tenant charge to Tenant, as Additional Rent, the cost thereof, which shall be due and payable as additional Rent costs so incurred by Landlord for same. All glass within ten (10) days of rendition of such bills. Tenant shall further use all reasonable precautions to prevent waste to the Premises. Notwithstanding the foregoing, in the event any or a part of the above-mentioned building systems which was part Leased Premises, both interior and exterior, is at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the premises at the commencement of the Lease Term same kind, size and which has been properly maintained by Tenant as hereinabove called for no longer can be maintained by Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall promptly and properly replace the same; and to the extent, reasonably determined, the useful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the Landlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditurequality.