Common use of Tenant’s Repairs and Maintenance Clause in Contracts

Tenant’s Repairs and Maintenance. (a) Tenant shall, at all times, at its sole cost and expense, maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shall, shall at all timestimes during the Term at Tenant’s expense maintain all parts of the Premises, at its sole cost including the Tenant Improvements and expenseany Alterations, maintain the Premises in a cleanfirst class, neatgood, sanitary clean and orderly condition. Except secure condition and promptly make all necessary repairs and replacements, as provided in Section 10.1reasonably determined by Landlord, Tenant’s maintenance with materials and workmanship of the Premises shall includesame character, kind and quality as the original, including, without limitation, the maintenancefollowing: (a) interior glass, replacement windows, window frames, window casements (including the repairing, resealing, cleaning and repair replacing of any storefront, interior windows and glass); (b) interior office entry doors, door frames and door closers; (c) interior lighting (including, without limitation, light bulbs and exterior windowsballasts); (d) interior demising walls and partitions (including painting and wall coverings), including casements, glass, including plate glass (e) all Tenant Systems; and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas(f) all Lines (defined in Paragraph 39.1). Tenant shall be responsible for providing regular janitorial service to the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant Business Days in accordance with the standards of Comparable Buildings. As used herein, “Tenant Systems” means all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code following, to the extent the same are installed by or on behalf of California Tenant, and exclusively serve the Premises and are located in (or on the roof of) the Building: all heating, ventilation, air conditioning, plumbing, sewer, drainage, electrical, fire/life-safety, security and other systems and equipment, including all electrical facilities, equipment and appliances, including lighting fixtures, lamps, fans, exhaust equipment or systems, and electrical motors, whenever and by whomever installed or paid for. Without limiting the foregoing, Tenant, at its expense, shall (i) keep the Tenant Systems in as good working order and condition as exists upon its installation (or, if later, on the date Tenant takes possession of the Premises), subject to normal wear and tear and damage resulting from Casualty; (ii) maintain in effect, with a contractor reasonably approved by Landlord, a contract for the maintenance and repair of the Tenant Systems (which contract shall require the contractor, at least once every three (3) months, to (x) inspect such Tenant Systems and provide to Tenant a report of any defective conditions, together with any recommendations for maintenance, repair or parts-replacement, all in accordance with the manufacturer’s recommendations, and (y) replace filters, oil and lubricate machinery, replace parts, adjust drive belts, change oil and perform other preventive maintenance, including annual maintenance of duct work and interior unit drains, and annual caulking of sheet metal and re-caulking of jacks and vents; (iii) follow all reasonable recommendations of such contractor; and (iv) promptly provide to Landlord a copy of such contract and each report issued thereunder. If access to the roof of the Building is required in order to perform any of Tenant’s obligations under this Paragraph 11, such access shall be subject to such reasonable rules and procedures as Landlord may impose, and Tenant shall maintain the affected portion of the roof in a clean and orderly condition and shall not interfere with use of the roof by Landlord or any lawother tenant or licensee. In addition, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make shall, at its expense, promptly repair any repairs damage to the Premises, whether the Building or not for the account Project resulting from or caused by any negligence or act of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements Tenant or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management feeParties. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant’s sole cost and expense, maintain shall have the Premises in a cleanaffirmative duty to periodically inspect, neatmaintain, sanitary service, repair and orderly condition. Except as provided in Section 10.1replace, Tenant’s maintenance if necessary all portions of the Premises shall include, without limitation, which are not expressly the maintenance, replacement and repair responsibility of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, any windows, plate glass, office doors, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heaters, electrical systems and fixtures, sprinkler systems, dock bumpers, branch plumbing and fixtures, and pest extermination. In addition thereto, Tenant shall keep the Premises and the dock area servicing the Premises in a clean and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant’s debris. Tenant shall not store materials, waste or pallets outside of the Premises, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant which cannot be disposed of in the dumpster servicing the Property. Tenant, at its usual management fee. (b) If own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior to the date Tenant refuses or neglects takes possession of the Premises. Notwithstanding the aforesaid, Landlord shall have the option to perform its obligations under Section 10.2(a) enter into a regularly scheduled preventative maintenance/service contract on items for and on behalf of Tenant. Such contract may include, without limitation, all maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s reasonable satisfaction costs in connection with said contract, as soon well as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to XxxxxxLandlord’s merchandise, fixtures or other property, or to Tenant’s business actual costs of repair and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises. Any and all costs accruing , nor (ii) the failure of Tenant or others to Landlord under make any such contract decorations, repairs, alterations, additions or contracts shall either be billed improvements, nor (iii) subject to Article 11 any damage to the Premises or to the property of Tenant, nor any injury to any persons, caused by other tenants or persons in the Premises, or by operations in the construction of any private, public or quasi-public work, or by any other cause, nor (iv) any latent defect in the Premises, nor (v) any inconvenience or annoyance to Tenant monthly as Additional Rent or included injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in Shop Buildings Expensesthe foregoing subdivisions (i) through (iv), shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord except that instead if and to the same is the result of paying Landlord’s (or its pro rata shareagent’s) gross negligence or willful misconduct. Upon the expiration or earlier termination of this Lease, Tenant shall pay return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear and permitted alterations excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor of the same character, kind and quality as originally employed within the property; and all such repairs and maintenance shall be in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the costs as they separately relate to its Premisesthereof within thirty (30) days after receipt of Landlord’s invoice for same. The provisions of the Article 8 shall not apply incase of fire or other casualty, which are dealt with in Article 11.

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant’s sole cost and expense, maintain shall have the Premises in a cleanaffirmative duty to periodically inspect, neatmaintain, sanitary service, repair and orderly condition. Except as provided in Section 10.1replace, Tenant’s maintenance if necessary, all portions of the Premises shall include, without limitation, which are not expressly the maintenance, replacement and repair responsibility of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, any windows, plate glass, office doors, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heaters, electrical fixtures, sprinkler systems, dock bumpers, plumbing, fixtures and pest extermination. In addition thereto, Tenant shall keep the Premises and the dock area servicing the Premises in a clean and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant’s debris. Tenant shall not store materials waste or pallets outside of the Premises, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant which cannot be disposed of in the dumpster servicing the Total Property. Tenant, at its usual management fee. own cost and expense, shall enter into a regularly scheduled preventative maintenance and repair/service contract with a maintenance contractor approved by Landlord, such approval to be commercially reasonable, and not be unduly withheld conditioned or delayed, for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior to the date Tenant takes possession of the Premises. Notwithstanding the aforesaid, in the event that Tenant fails to properly secure such service contract within thirty (b30) If days of written notice from Landlord, Landlord shall have the option to enter into a regularly scheduled preventative maintenance/service contract on items for and on behalf of Tenant. Each such contract shall include, without limitation, all services suggested or recommended by the equipment manufacturer in the operation and maintenance of such system. In the event Landlord elects such option, Tenant refuses or neglects to perform its obligations under Section 10.2(a) shall reimburse to Landlord, as Additional Rent, Landlord’s commercially reasonable satisfaction costs in connection with said contract, as soon well as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to XxxxxxLandlord’s merchandise, fixtures or other property, or to Tenant’s business commercially reasonable costs of repair and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving system. Upon the Premises. Any and all costs accruing to Landlord under any such contract expiration or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead earlier termination of paying its pro rata sharethis Lease, Tenant shall pay return the Premises to Landlord broom clean in as good condition as when received, reasonable wear and tear and damage by insured casualty excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor of the same character, kind and quality as originally employed within the Total Property at the time of lease execution; and all such repairs and maintenance shall be in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time after written notice from Landlord, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the costs as they separately relate to its Premisesthereof within fifteen (15) days after receipt of Landlord’s invoice for same.

Tenant’s Repairs and Maintenance. (a) Subject to Sections 15 and 16, Tenant shall, at all timesagrees, at its sole cost cost, to repair and expense, maintain the Premises in a cleanPremises, neatall parts thereof, sanitary all loading docks contiguous thereto and orderly condition. Except as provided in Section 10.1, all Tenant’s maintenance signs in good order, condition and repair, ordinary wear and tear excepted, including keeping the inside of all glass in doors and windows of the Premises shall includeclean, without limitation, the maintenance, replacement promptly replacing any broken door or door closers and repair any cracked or broken glass with glass of any storefront, doors, interior like kind and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areasquality. Tenant shall be responsible for maintain, repair, and replace as and when necessary the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities mechanical systems or components thereof exclusively serving its Premises on and after Landlord “tenders possession” of the Premises (including HVAC) and all utility lines within the Premises, including those within the exterior or demising walls, except to Tenantthe extent such items are to be maintained, repaired or replaced by Landlord pursuant to Section 10.1. The facilities Tenant shall not permit any vibration and fixtures noise which may be transmitted beyond the Premises. When used in this Lease, the term “repair” shall include making all necessary replacements, renewals, alterations and additions. All repairs shall be kept (repaired, maintained, replaced, or added to) at all times least equal in quality to the original work and shall be made by Tenant in accordance with all governmental requirements applicable laws, ordinances and insurance requirementsregulations. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not shall provide its own janitorial service for the account of Premises in accordance with specifications reasonably approved by Landlord. Except as expressly provided in If Tenant fails to perform any of its obligations under this Section 10.17.4, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standardsmay, in addition to its exercising any other rights and remedies hereunderprovided herein, upon written perform such repairs or maintenance after notice to Tenant and expiration of the applicable cure period. Any sums expended by Landlord in performing such repairs or maintenance shall be due and payable as Additional Rent, within [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] ten (10) days after Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to ’s receipt of Landlord’s written request for reimbursement, which request shall be accompanied by reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost evidence of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill thereforcosts. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. Except as provided in Paragraph 10, Tenant shall at all times during the Term at Tenant’s expense maintain all parts of the Premises in good repair, reasonable wear and tear and event of casualty excluded and promptly make all necessary repairs and replacements, as reasonably determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights (a) glass but not frame), electrical and lighting systems, and fire sprinklers, with materials and workmanship of substantially the same character, kind and quality as the original. Tenant shall, at all times, at its sole cost and Tenant’s own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning systems and equipment (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord, which approval shall not be unreasonably withheld or delayed. The service contract must include all reasonable and customarily obtained services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, in Tenant shall, at its expense, promptly repair any damage to the event that Landlord determines, in its sole and reasonable discretion, that Premises or the Building or Project resulting from or caused by any act or Tenant has failed or Tenant’s Parties. Notwithstanding anything to the contrary contained herein Tenant may elect to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premiseswhich specifically services Tenant’s laboratory operations.

Tenant’s Repairs and Maintenance. (a) 6.2.1 Throughout the term hereof, Tenant shall, at all times, at its sole cost shall repair and expense, maintain the interior of the Premises in a clean, neat, sanitary good order and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, window glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lightingfloor coverings, plumbingdoors, sanitary facilities all utility and patio areas. Tenant shall be responsible for building systems which are within and exclusively serve the cost of maintaining Premises (excluding sprinkler system), and repairing the heating, ventilation ventilating and air conditioning (“HVAC”) facilities system exclusively serving its the Premises. Landlord agrees to assign to Tenant (or enforce for Tenant's benefit) all warranties, extended warranties and guarantees with respect to the HVAC system, and all other systems, of any kind or nature, serving the Premises on and after Landlord “tenders possession” which Tenant is required to repair hereunder. Tenant shall also monitor the sprinkler system serving the Premises and the remainder of the Premises to Tenant. The facilities and fixtures Building, which Tenant shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make have done on a monthly basis. In the event of any repairs emergency (e.g., activation of the sprinkler head), Landlord shall provide access to Tenant (as Tenant's representative) to the Premisesremainder of the Building to determine the nature of such emergency. Tenant shall contract with the contractor to provide such monitoring service, and Landlord and Tenant shall share in the cost of such monitoring service as follows: (i) whether or not for the account of Landlord. Except as expressly provided in Section 10.1monitoring contract used by Tenant requires inspections on a monthly basis, Landlord shall not be obligated required to make repairs, replacements or additions contribute to the cost of any kind whatsoever upon the exterior or interior such inspections which are provided on more than a quarterly basis; (ii) within thirty (30) days after receipt of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon Tenant's written notice to Tenantdemand therefor, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost Tenant Landlord's "proportionate share" of such repairs plus twenty ten monitoring service contract, calculated on the lesser of (A) the actual number of service calls provided per year or (B) inspections provided on a quarterly basis, with such "proportionate share" being the difference between one hundred percent ( 2010(100%) for overhead upon presentation of the bill therefor.and Tenant's Proportionate Share; and (ciii) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all other costs of such monitoring contract. 6.2.2 Landlord represents and warrants that all utility, mechanical, plumbing, and other systems serving the Premises shall be in good operating condition and repair as they separately relate to its Premisesof the Commencement Date, and Landlord shall pay for any replacements required for such systems during the first full Lease Year.

Tenant’s Repairs and Maintenance. (a) Subject to Sections 15 and 16, Tenant shall, at all timesagrees, at its sole cost cost, to repair and expense, maintain the Premises Premises, all parts thereof, all loading docks contiguous thereto and all Tenant's signs in a cleangood order, neatcondition and repair, sanitary ordinary wear and orderly condition. Except as provided tear excepted, including keeping the inside of all glass in Section 10.1, Tenant’s maintenance doors and windows of the Premises shall includeclean, without limitation, the maintenance, replacement promptly replacing any broken door or door closers and repair any cracked or broken glass with glass of any storefront, doors, interior like kind and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areasquality. Tenant shall be responsible for maintain, repair, and replace as and when necessary the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities mechanical systems or components thereof exclusively serving its Premises on and after Landlord “tenders possession” of the Premises (including HVAC) and all utility lines within the Premises, including those within the exterior or demising walls, except to Tenantthe extent such items are to be maintained, repaired or replaced by Landlord pursuant to Section 10.1. The facilities Tenant shall not permit any vibration and fixtures noise which may be transmitted beyond the Premises. When used in this Lease, the term "repair" shall include making all necessary replacements, renewals, alterations and additions. All repairs shall be kept (repaired, maintained, replaced, or added to) at all times least equal in quality to the original work and shall be made by Tenant in accordance with all governmental requirements applicable laws, ordinances and insurance requirementsregulations. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not shall provide its own janitorial service for the account of Premises in accordance with specifications reasonably approved by Landlord. Except as expressly provided in If Tenant fails to perform any of its obligations under this Section 10.17.4, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standardsmay, in addition to its exercising any other rights and remedies hereunderprovided herein, upon written perform such repairs or maintenance after notice to Tenant, Tenant and expiration of the applicable cure period. Any sums expended by Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make in performing such repairs without any liability to Tenant or maintenance shall be due and payable as Additional Rent, within [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] ten (10) days after Tenant's receipt of Landlord's written request for loss or damage to Xxxxxx’s merchandisereimbursement, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant which request shall pay to Landlord the cost be accompanied by reasonable evidence of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill thereforcosts. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant’s expense maintain all parts of the Premises in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, non-structural roof elements, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at Tenant’s expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant’s own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the PremisesPremises and provide Landlord with copies of all service agreements, recommendations, and work completed by said contractor. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determinesTenant shall, in at its sole and reasonable discretionexpense, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and promptly repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures the Premises or other property, the Building resulting from or to caused by any act of Tenant or Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill thereforParties. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant's expense maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as reasonably determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, ceiling insulation, track doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant's own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, Tenant shall, at its expense, promptly repair any damage to the Premises or the Building or Project resulting from or caused by any negligence or act of Tenant or Tenant's Parties. Nothing herein shall expressly or by implication render Tenant Landlord's agent or contractor to effect any repairs or maintenance required of Tenant under this Paragraph 11, as to all of which Tenant shall be solely responsible. Notwithstanding anything to the contrary in this Paragraph 11, shall Tenant be required to make repairs to the event that Landlord determinesheating, in its sole ventilating and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenantsit conditioning systems, Landlord may assume shall reimburse Tenant for such cleaning and maintenance and repair and replacement repairs, if any, up to a maximum amount of ten thousand dollars ($10,000). Said repairs, if any, shall be completed prior to August 31, 2000. Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay deliver to Landlord the cost copies of such repairs plus twenty ten percent ( 2010%any invoices along with a written request for reimbursement and Landlord shall reimburse Tenant within thirty (30) for overhead upon presentation days of the bill thereforTenants written request. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) 8.1. Tenant shallwill not in any manner deface or injure the Building, at all timesand will pay the cost of repairing any damage or injury done to the Building or any part thereof by Tenant or Tenant's agents, employees or invitees. Except for the roof, Tenant shall maintain, repair and take good care of the Premises whether interior or exterior, structural or non-structural or whether capital or non-capital and keep the Premises free from debris, waste and nuisance of any kind, at its sole cost and expenseexpense in accordance with the Repair and Maintenance schedule attached hereto as Exhibit C. Tenant shall keep the Premises, maintain the Premises in a cleanincluding but not limited to, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitationall mechanical systems, the maintenance, replacement heating and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lightingair conditioning system, plumbing, sanitary facilities electrical systems, overhead doors, loading docks and patio areasrelated mechanisms, equipment and fixtures in good condition and working order, reasonable wear and tear excepted. Tenant shall be responsible for the cost removal of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of all garbage from the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirementslaw. Tenant hereby waives any rights it may have shall store its garbage pending removal in a neat and orderly manner. The performance by Tenant of its obligations to maintain and to make repairs or replacements shall only be performed by contractors and subcontractors of Tenant reasonably approved in writing in advance by Landlord, it being understood that Tenant shall procure and maintain, and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain, insurance coverage against such risks, in compliance with Article 23 hereto. If Tenant fails to perform such maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right and/or to make any such repairs or replacements or to take steps to have defective or damaged condition(s) corrected within fifteen (15) days after the occurrence of damage or injury, or detection of such condition(s), Landlord may at its option make such maintenance and/or repair or replacement, and Tenant, shall upon demand therefor, pay Landlord for the cost thereof as additional rent. At the end or other termination of this Lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant's expense maintain all parts of the Premises in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant's own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determinesTenant shall, in at its sole and reasonable discretionexpense, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and promptly repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures the Premises or other property, the Building or to Project resulting from or caused by any act of Tenant or Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor's Parties. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shallshall at all times during the Term, at all times, at its Tenant’s sole cost and expense, maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance all non-Structural Components of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windowsPremises, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lightingthe electrical, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for sprinkler, or fire/life-safety systems serving the cost of maintaining and repairing Premises, the heating, ventilation ventilating and air conditioning (“HVAC”) facilities systems serving its Premises on the Premises, and after Landlord “tenders possession” all other portions of the Premises to Tenant. The facilities in a good, clean and fixtures shall be kept (repairedsecure condition and promptly make all necessary repairs and replacements, maintainedas determined by Landlord, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, including but not limited to, its usual management fee. (b) all workmanship of the same character, kind and quality as the original. If any maintenance performed by Tenant refuses affects the Building’s electrical, plumbing, sprinkler, or neglects fire/life-safety systems, Tenant shall use only those contractors previously approved by Landlord for work on such systems, unless such use is impracticable as in the case of a life threatening situation. Any work performed by or on behalf of Tenant shall be performed in accordance with the provisions of this Lease governing repairs and alterations by Tenant. Tenant shall at Tenant’s expense also perform regular removal of trash and debris. Tenant shall, at Tenant’s expense, enter into a regularly scheduled preventative maintenance/service contract for the HVAC system servicing the Premises and shall provide a copy to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demandLandlord promptly following the Commencement Date. In the event that Tenant does not comply with the foregoing obligation, Landlord may make such repairs without any liability shall have the right to enter into a scheduled preventative maintenance/service contract for the HVAC system following five (5) days notice to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord in which event the cost of such repairs plus twenty ten contract, together with an administrative fee not to exceed five percent ( 2010(5%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts amount, shall either be billed to the Tenant monthly and shall be payable as Additional Rent under this Lease. Nothing herein shall expressly or included in Shop Buildings Expensesby implication render Tenant Landlord’s agent or contractor to effect any repairs or maintenance required of Tenant under this Paragraph 11, except that instead as to all of paying its pro rata share, which Tenant shall pay all costs as they separately relate to its Premisesbe solely responsible.

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant's sole cost and expense, maintain shall have the Premises in a cleanaffirmative duty to periodically inspect, neatmaintain, sanitary service, repair and orderly condition. Except as provided in Section 10.1replace, Tenant’s maintenance if necessary, all non-structural portions of the Premises shall include, without limitation, which are not expressly the maintenance, replacement and repair responsibility of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, any windows, plate glass, doors, office entries, interior walls and finish work, floor coverings, heating and air conditioning systems, hot water heaters, dock bumpers, truck doors, branch plumbing, all of which are located within and exclusively serve the Premises per Exhibit A and termite and pest extermination. In the event the Property has available to its usual management fee. (b) If rail spur access, Tenant refuses or neglects agrees to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord sign a Joint Maintenance Agreement with the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of railroad company servicing the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, Property for the benefit use of Xxxxxx, to procure and maintain in full force and effect throughout all tenants within the Term a contract or contracts for Property. Notwithstanding the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata shareaforesaid, Tenant shall pay not be liable for any repairs or maintenance which are directly caused by the negligence of Landlord or Landlord's employees, agents or invitees. Upon the expiration or earlier termination of this Lease, Tenant shall return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, and in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. In the event such repair or maintenance is not of the type which Landlord has elected to perform pursuant to Paragraph 5(c) of this Lease, and in the event Tenant fails to properly perform such repairs or maintenance within a reasonable period of time but not less than 15 days after Landlord's written notice, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the reasonable costs as they separately relate to its Premisesthereof within thirty (30) days after receipt of Landlord's invoice for same.

Tenant’s Repairs and Maintenance. (a) Tenant shallA. Txxxxx, at all times, at xx its sole own cost and expense, shall (i) maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance all parts of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, the floor slab of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part of the Premises), in good, neat, clean, sanitary and operable condition and (ii) promptly make all necessary repairs and replacements to the Premises in a good and workmanlike manner. Notwithstanding the foregoing, it is agreed that Tenant shall not be required to make or do any repairs, maintenance or replacement to the extent such repairs, maintenance or replacement are Landlord's obligation under Paragraph 5 above or Paragraph 6D below. In addition to the foregoing, Tenant shall, at its usual management feesole expense, repair any damage to the Premises or the Building caused by the negligent or intentional acts or omissions of Tenant or Tenant's employees, agents or invitees, or caused by Tenaxx'x xefault hereunder. Tenant shall have no obligation to make any repairs necessitated by the negligent or intentional acts or omissions of Landlord or Landlord's employees, agents or invitees or caused by Landxxxx'x xefault hereunder (provided that this sentence shall not expand Landlord's obligations with regard to Defects which obligations shall be governed by Paragraph 6D below). (b) If Tenant refuses or neglects B. In addition to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s Tenaxx'x xther obligations hereunder, Xxxxxxxx agreesTenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by the applicable manufacturer for the benefit of Xxxxxxservicing all hot water, to procure heating and maintain in full force air conditioning systems and effect throughout the Term a contract equipment and elevator equipment within or contracts for the maintenance of the HVAC equipment serving the Premises. Any The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and all costs accruing an executed copy of such contract must be provided to Landlord under any such contract or contracts shall either be billed prior to the date Tenant monthly takes possession of the Premises. C. Tenant's obligations with respect to the "floor slab" of the Premises pursuant to Paragraph 6A(i) above (i) shall be construed as Additional Rent referring to the slab on grade of the Premises and not the foundation of the Building, and (ii) shall apply only to the extent that the repair and maintenance of the floor slab is not caused by the failure of the foundation of the Building (such as, without limitation, a failure of the foundation caused by shifting of soil or included other sub-grade conditions not caused by Tenant or its agents, contractors or invitees) or by a defect in Shop Buildings Expenses, except materials or workmanship in the initial pouring of such slab. D. Lxxxxxxx xxxees that instead if a Defect (hereinafter defined) is discovered by Tenaxx xx or prior to the first anniversary of paying its pro rata sharethe Commencement Date ("First Anniversary"), Tenant shall pay all costs as they separately relate give Landlord written notice thereof ("Defect Notice") on or prior to the First Anniversary (time being of the essence with respect thereto). If Landlord receives a Defect Notice prior to the First Anniversary, Landlord shall, at its Premises.sole expense, cause such Defect to be repaired or remedied at Landlord's sole cost and expense. Notwithstanding the foregoing, nothing contained in this Paragraph 6D shall: (i) require Landlord to repair or remedy any Defect to the extent such repair or remediation is necessitated due to the negligence, or intentional acts or omissions of, or misuse of the item requiring such repair or remediation by, Tenant or its employees, agents, contractors or invitees; (ii) require Landlord to repair or remedy any Defect if the coverage afforded by any warranty or maintenance/service contract relating to the item in question has been impaired or invalidated by the negligent acts or omission or willful misconduct of Tenant or its employees, agents, contractors or invitees; (iii) require Landlord to repair or remedy any Defect with respect to which a Defect Notice is not received by Landlord on or prior to the First

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant's sole cost and expense, maintain shall have the Premises in a cleanaffirmative duty to periodically inspect, neatmaintain, sanitary service, repair and orderly condition. Except as provided in Section 10.1replace, Tenant’s maintenance if necessary, all portions of the Premises shall include, without limitation, which are not expressly the maintenance, replacement and repair responsibility of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) any windows, plate glass, office doors, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heaters, electrical systems and fixtures, sprinkler systems, dock bumpers, branch plumbing and fixtures, and pest extermination. In addition thereto, Tenant shall keep the exterior of the Premises and the dock area servicing the Premises in a clean and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant's debris. Tenant shall further be responsible for all common area maintenance of the parking lot, lawns, shrubbery, landscaping, sidewalks and snow removal. Tenant shall not store materials waste or pallets outside of the Premises, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant which cannot be disposed of in the dumpster servicing the Property. If Tenant refuses or neglects Landlord shall make any actual use of any part of this Property, including leasing any portion thereof to perform its obligations under Section 10.2(a) another tenant, the responsibility for maintenance of any common areas of parking lots, lawns, shrubbery, landscaping, sidewalks and snow removal shall revert to Landlord’s reasonable satisfaction , and Tenant shall pay Tenant's Pro Rata Share of such costs. Tenant shall have the affirmative duty to periodically inspect, maintain, service, repair and/or replace the heating, ventilating and air conditioning (HVAC) system which exclusively services the Premises, in a manner and as soon often as is reasonably possible after demandrequired to keep said system operating properly and efficiently. In the event said HVAC system requires repairs or replacement during the lease term, Landlord may or any extension thereto, Tenant shall make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandisereplacement at Tenant's sole cost and expense. Landlord represents that, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation as of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance commencement date of the lease, the existing HVAC equipment serving system will be in good working order. Upon the Premises. Any and all costs accruing to Landlord under any such contract expiration or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead earlier termination of paying its pro rata sharethis Lease, Tenant shall pay return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear accepted including but not limited to the removal of all roof penetrations and restoration of the roof and ceiling. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor of the same character, kind and quality as originally employed within the Property; and all such repairs and maintenance shall be in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time following notice by Landlord to Tenant of this need thereof, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the costs as they separately relate to its Premisesthereof within thirty (30) days after receipt of Landlord's invoice for same.

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant’s sole cost and expense, maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant during the Lease Term and in accordance with all governmental requirements Legal Requirements, maintain, service, repair and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided replace, if necessary, and keep in Sections 1941 good condition and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior repair all portions of the Premises or upon any equipment contained which are not expressly the responsibility of Landlord (as set forth in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewithParagraph 7 above), including, but not limited to, fixtures, equipment and appurtenances thereto, any windows, plate glass, office doors, dock doors and ancillary equipment, all interior heating, ventilation and air conditioning equipment, office entries, interior walls and finish work, floors and floor coverings, water heaters, electrical systems and fixtures, sprinkler systems, dock bumpers, dock levelers, trailer lights and fans, shelters/seals and restraints, branch plumbing and fixtures, and pest extermination. In addition thereto, Tenant shall keep the Premises and the dock area servicing the Premises in a clean and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant’s debris. Tenant shall not store materials, waste or pallets outside of the Premises, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant which cannot be disposed of in the dumpster servicing the Property. If replacement of equipment, fixtures, and appurtenances thereto are necessary, then Tenant shall replace the same with equipment, fixtures and appurtenances of the same quality, and shall repair all damage done in or by such replacement. The service contract must include all services suggested by the equipment manufacturer in its usual management fee. (b) If operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior to the date Tenant refuses takes possession of the Premises. Landlord shall enter into a regularly scheduled preventative maintenance/service contract on items for and on behalf of Tenant. Such contract may include, without limitation, all services suggested or neglects to perform its obligations under Section 10.2(a) recommended by the equipment manufacturer in the operation and maintenance of such system. Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s reasonable satisfaction costs in connection with said contract, as soon well as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to XxxxxxLandlord’s merchandise, fixtures or other property, or to Tenant’s business actual costs of repair and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premisessystem. Any and all costs accruing to Landlord under any All such contract and related costs shall be comparable to similar contracts and services in the market place. Upon the expiration or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead earlier termination of paying its pro rata sharethis Lease, Tenant shall pay return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor of the same character, kind and quality as originally employed within the Property; and all such repairs and maintenance shall be in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the costs as they separately relate to its Premisesthereof within thirty (30) days after receipt of Landlord’s invoice for same.

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant's sole cost and expense, maintain shall have the Premises in a cleanaffirmative duty to periodically inspect, neatmaintain, sanitary service, repair and orderly condition. Except as provided in Section 10.1replace, Tenant’s maintenance if necessary, all portions of the Premises shall include, without limitation, which are not expressly the maintenance, replacement and repair responsibility of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, any windows, plate glass, office doors, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heaters, electrical systems and fixtures, sprinkler systems, dock bumpers, branch plumbing and fixtures, and pest extermination. In addition thereto, Tenant shall keep the Premises and the dock area servicing the Premises in a clean and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant's debris. Tenant shall not store materials, waste or pallets outside of the Premises, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant which cannot be disposed of in the dumpster servicing the Property. Tenant, at its usual management fee. (b) If own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior to the date Tenant refuses takes possession of the Premises. Notwithstanding the aforesaid, Landlord shall have the option to enter into a regularly scheduled preventative maintenance/service contract on items for and on behalf of Tenant. Such contract may include, without limitation, all services suggested or neglects to perform its obligations under Section 10.2(a) recommended by the equipment manufacturer in the operation and maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord’s reasonable satisfaction , as soon Additional Rent, Tenant's share of Landlord's costs in connection with said contract, as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business well as Landlord's actual costs of repair and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving system. Upon the Premises. Any and all costs accruing to Landlord under any such contract expiration or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead earlier termination of paying its pro rata sharethis Lease, Tenant shall pay return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor of the same character, kind and quality as originally employed within the Property; and all such repairs and maintenance shall be in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the costs as they separately relate to its Premisesthereof within thirty (30) days after receipt of Landlord's invoice for same.

Tenant’s Repairs and Maintenance. (a) Tenant shallA. Except as provided in Paragraph 5 and except for damage to the Premises or Building caused by an act or omission of Landlord or Landlord's employees, at all timesagents, contractors, or invitees following the completion of the Landlord's Work, Tenant, at its sole own cost and expense, shall (i) maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance all parts of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, the floor slab of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part of the Premises), in good, neat, clean, sanitary and operable condition and (ii) make all necessary repairs and replacements thereto in a good and workmanlike manner. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. In addition to the foregoing, Tenant shall, at its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demandsole expense, Landlord may make such repairs without repair any liability to Tenant for loss or damage to Xxxxxx’s merchandisethe Premises or the Building caused by the negligent or intentional acts or omissions of Tenant or Tenant's employees, fixtures agents or other propertyinvitees, or caused by Tenant's default hereunder; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation in Paragraph 11D. B. In addition to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s 's other obligations hereunder, Xxxxxxxx agreesTenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor reasonably approved by Landlord for the benefit of Xxxxxxservicing all hot water, to procure heating and maintain in full force air conditioning and effect throughout the Term a contract elevator systems and equipment within or contracts for the maintenance of the HVAC equipment serving the Premises. Any The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and all costs accruing an executed copy of such contract must be provided to Landlord under any such contract or contracts shall either be billed prior to the date Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead takes possession of paying its pro rata share, Tenant shall pay all costs as they separately relate to its the Premises. C. Tenant's obligations with respect to the "floor slab" of the Premises pursuant to Paragraph 6A(i) above (i) shall be construed as referring to the slab on grade of the Premises and not the foundation of the Building, and (ii) shall apply only to the extent that the repair and maintenance of the floor slab is not caused by the failure of the foundation of the Building or by a defect in materials or workmanship in the initial pouring of such slab.

Tenant’s Repairs and Maintenance. (a) Tenant shallTenant, at all times, at its Tenant’s sole cost and expense, maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant during the Lease Term and in accordance with all governmental requirements Legal Requirements, maintain, service, repair and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided replace, if necessary, and keep in Sections 1941 good condition and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior repair all portions of the Premises or upon any equipment contained which are not expressly the responsibility of Landlord (as set forth in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewithParagraph 7 above), including, but not limited to, fixtures, equipment and appurtenances thereto, any windows, plate glass, office doors, dock doors and ancillary equipment, all interior heating, ventilation and air conditioning equipment, office entries, interior walls and finish work, floors and floor coverings, water heaters, electrical systems and fixtures, sprinkler systems, dock bumpers, dock levelers, trailer lights and fans, shelters/seals and restraints, branch plumbing and fixtures, and pest extermination. In addition thereto, Tenant shall keep the Premises and the dock area servicing the Premises in a clean and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant’s debris. Tenant shall not store materials, waste or pallets outside of the Premises, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant which cannot be disposed of in the dumpster servicing the Property. If replacement of equipment, fixtures, and appurtenances thereto are necessary, then Tenant shall replace the same with equipment, fixtures and appurtenances of the same quality, and shall repair all damage done in or by such replacement. As set forth on Exhibit E hereto, Tenant, at its usual management fee. (b) If own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior to the date Tenant refuses takes possession of the Premises. Notwithstanding the aforesaid, Landlord shall have the option to enter into a regularly scheduled preventative maintenance/service contract on items for and on behalf of Tenant. Such contract may include, without limitation, all services suggested or neglects to perform its obligations under Section 10.2(a) recommended by the equipment manufacturer in the operation and maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s reasonable satisfaction costs in connection with said contract, as soon well as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to XxxxxxLandlord’s merchandise, fixtures or other property, or to Tenant’s business actual costs of repair and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving system. Upon the Premises. Any and all costs accruing to Landlord under any such contract expiration or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead earlier termination of paying its pro rata sharethis Lease, Tenant shall pay return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor of the same character, kind and quality as originally employed within the Property; and all such repairs and maintenance shall be in compliance with all governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In the event Tenant fails to properly perform any such repairs or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs on behalf of Tenant, in which event Tenant shall reimburse to Landlord, as Additional Rent, the costs as they separately relate to its Premisesthereof within thirty (30) days after receipt of Landlord’s invoice for same.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant's expense maintain all parts of the Premises in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and revelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant's own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determinesTenant shall, in at its sole and reasonable discretionexpense, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and promptly repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures the Premises or other property, the Building or to Project resulting from or caused by any act of Tenant or Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor's Parties. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shallcovenants and agrees that, at all timesfrom and after the Commencement Date and until the end of the Lease Term, at its sole cost Tenant will keep neat and expenseclean and maintain in good order, maintain condition and repair the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include(including, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, all plumbing, sanitary mechanical, electrical, fire safety, sprinkler and ventilation facilities installed by Tenant and patio areasany special equipment attached to or made a part of the Building or its systems by Tenant and, if installed, the Emergency Generator and Generator Connections (as defined in Section 9.8 below)), the Rooftop Terrace and the Outdoor Terrace Area and every part thereof, excepting only reasonable wear and tear of the Premises and those repairs and other obligations for which Landlord is expressly responsible under the terms of Article Vll of this Lease and, subject to Tenant’s obligations under Article XIV of this Lease, damage by fire or casualty and as a consequence of the exercise of the power of eminent domain. Tenant shall not permit or commit any waste, and, subject to Section 13.13, Tenant shall be responsible for the cost of maintaining and repairing repairs which may be made necessary by reason of damages to common areas in the heatingBuilding or the Complex by Tenant, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired’s agents, maintainedemployees, replacedcontractors, sublessees, licensees, concessionaires or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirementsinvitees. Tenant hereby waives any rights it may have shall maintain all its equipment, furniture and furnishings in good order and repair. Subject to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, Tenant shall be responsible for all repairs, maintenance and anything replacement of all systems and facilities located within and exclusively serving the Premises (e.g., Tenant's distribution of electricity, sprinkler and HVAC facilities within the Premises installed as part of the Tenant's Work or otherwise by or on behalf of Tenant, in each case as distinguished from Landlord's Work). Notwithstanding any provision to the contrary contained hereincontrary, in Tenant's obligations under this Section shall not include making any repair or improvement (y) to the event extent necessitated by the negligence or willful conduct of Landlord, any Landlord Party, Overlandlord or any of Overlandlord's agents, employees or contractors that Landlord determinesis not covered by the insurance required to be carried by Tenant under this Lease, in or (z) to the extent caused by Landlord's failure to perform its sole and reasonable discretion, that obligations hereunder. If repairs are required to be made by Tenant has failed pursuant to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenantterms hereof, Landlord may assume such cleaning demand that Tenant make the same forthwith, and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If if Tenant refuses or neglects to perform its obligations under commence such repairs and complete the same with reasonable dispatch after such demand and within the applicable time period therefor set forth in Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand15.1 of this Lease (except in the case of emergency, including without limitation, notice of an unsafe condition in the Premises, in which event Landlord may make such repairs immediately and without any liability notice), Landlord may (but shall not be required to do so) make or cause such repairs to be made and shall not be responsible to Tenant for any loss or damage to Xxxxxx’s merchandise, fixtures or other property, or that may accrue to Tenant’s 's stock or business and upon completion thereof by reason thereof. If Landlord makes or causes such repairs to be made, Tenant shall agrees that Tenant will forthwith on demand, pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included the cost thereof together with interest thereon at the rate specified in Shop Buildings ExpensesSection 16.21, except that instead of paying its pro rata share, and if Tenant shall pay all costs as they separately relate to its Premisesdefault in such payment, Landlord shall have the remedies provided for non-payment of rent or other charges payable hereunder.

Tenant’s Repairs and Maintenance. (a) Tenant shall, shall at all times, times during the Term at its sole cost and expense, maintain the Premises in a clean, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance expense maintain all non-Structural Components of the Premises shall include(including the portions of the Building within the Premises), without limitationand any other portions of the Project as are within the exclusive control of Tenant in a good, the maintenanceclean and secure condition and promptly make all necessary repairs and replacements, replacement and repair of any storefront, doors, interior and exterior windowsas reasonably determined by Landlord, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. all workmanship of the same character, kind and quality as the original. NOTWITHSTANDING THE FOREGOING, and with the exception of the HVAC servicing the server room (bfor which Tenant shall be solely responsible) Tenant shall not be responsible for replacement of any HVAC units or other mechanical equipment whether specific to the Premises or not (except to the extent Tenant is responsible for Tenant’s Proportionate Share of Common Area Operating Expenses), nor any repairs of the same which exceed $1,000.00 per occurrence or $5,000.00 in aggregate over the Term of the Lease. If any maintenance performed by Tenant affects the Building’s electrical, plumbing, sprinkler, or fire/life-safety systems, Tenant shall use only those contractors used by Tenant for tenant improvements or Landlord in the Building for work on such systems, unless such use is impracticable as in the case of a life threatening situation. Any work performed by or on behalf of Tenant shall be performed in accordance with the provisions of this Lease governing repairs and alterations by Tenant. Tenant shall at Tenant’s expense also perform regular removal of trash and debris. If Tenant refuses or neglects uses rail and if required by the railroad company, Tenant agrees to perform its obligations under Section 10.2(a) sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at Tenant’s expense, enter into a regularly scheduled preventative maintenance/service contract for the HVAC system servicing the Premises and shall provide a copy to Landlord’s reasonable satisfaction as soon as reasonably possible after demandLandlord promptly following the Commencement Date. In the event that Tenant does not comply with the foregoing obligation, Landlord may make such repairs without any liability shall have the right to enter into a scheduled preventative maintenance/service contract for the HVAC system following five (5) days notice to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord in which event the cost of such repairs plus twenty ten contract, together with an administrative fee not to exceed the lesser of five percent ( 2010(5%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract amount or contracts five hundred dollars ($500.00), shall either be billed to the Tenant monthly and shall be payable as Additional Rent under this Lease. Nothing herein shall expressly or included in Shop Buildings Expensesby implication render Tenant Landlord’s agent or contractor to effect any repairs or maintenance required of Tenant under this Paragraph 11, except that instead as to all of paying its pro rata share, which Tenant shall pay all costs as they separately relate to its Premisesbe solely responsible.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant's expense maintain all parts of the Premises in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, non-structural roof elements, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant's own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the PremisesPremises and provide Landlord with copies of all service agreements, recommendations, and work completed by said contractor.. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determinesTenant shall, in at its sole and reasonable discretionexpense, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and promptly repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures the Premises or other property, the Building resulting from or to caused by any act of Tenant or Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor's Parties. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant's expense maintain all parts of the Premises in a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as REASONABLY determined by Landlord, including but not limited to, all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant's own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in within or serving the Premises. The maintenance contractor and the contract must be REASONABLY approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, in the event that Landlord determinesTenant shall, in at its sole and reasonable discretionexpense, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and promptly repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures the Premises or other property, the Building or to Project resulting from or caused by any act of Tenant or Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor's Parties. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Expenses, except that instead of paying its pro rata share, Tenant shall pay all costs as they separately relate to its Premises.

Tenant’s Repairs and Maintenance. (a) Tenant shall at all times during the Term at Tenant's expense maintain all parts of the Premises a first-class, good, clean and secure condition and promptly make all necessary repairs and replacements, as determined by Landlord, including but not limited to all windows, glass, doors, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilating and air conditioning systems, ceiling insulation, truck doors, hardware, dock bumpers, dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers, with materials and workmanship of the same character, kind and quality as the original. Tenant shall at its own expense also perform regular removal of trash and debris. If Tenant uses rail and if required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, at all times, at its sole cost and Tenant's own expense, maintain the Premises in enter into a cleanregularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, neat, sanitary and orderly condition. Except as provided in Section 10.1, Tenant’s maintenance of the Premises shall include, without limitation, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation heating and air conditioning (“HVAC”) facilities serving its Premises on systems and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, equipment within or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving servicing the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must including all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, and anything to the contrary contained herein, Tenant shall, at its expense, promptly repair any damage to the Premises or the Building or Project resulting from or caused by any act of Tenant or Tenant's Parties. Landlord shall perform or construct any repair, maintenance or improvements (a) necessitated by acts or omissions of Landlord or other occupants of the Building or their agents, employees or contractors, (b) occasioned by casualty or by the exercise of eminent domain, (c) which are outside the demising walls of the Premises. Tenant shall pay for its share of the repairs to the extent such costs are included in the event Operating Expenses. Paage 8 of 20 12. ALTERATIONS ----------- A. Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises ("ALTERATIONS") without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld with respect to proposed Alterations which: (a) comply with all applicable Regulations; (b) are, in Landlord's opinion, compatible with the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems; and (c) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No consent by Landlord to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 12. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord if Landlord so elects; provided, however, that Landlord determinesmay, in its sole and reasonable discretionat Landlord's option, require that Tenant has failed at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to maintain their condition existing prior to the construction of any such event that Landlord determines, Alterations. All such removals and restoration shall be accomplished in its sole a good and reasonable discretion, that workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant has failed fails to maintain remove such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Alterations or Tenant's trade fixtures or furniture, Landlord may assume such cleaning keep and maintenance use them or remove any of them and repair cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. In addition to and replacement Tenant shall wholly apart from Tenant's obligation to pay Landlord as additional rent hereunder for any and all costs and expenses associated therewith, including, but not limited to, its usual management fee. (b) If Tenant refuses or neglects to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demand, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandise, fixtures or other property, or to Tenant’s business and upon completion thereof Tenant shall pay to Landlord the cost 's Proportionate Share of such repairs plus twenty ten percent ( 2010%) for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the maintenance of the HVAC equipment serving the Premises. Any and all costs accruing to Landlord under any such contract or contracts shall either be billed to the Tenant monthly as Additional Rent or included in Shop Buildings Operating Expenses, except that instead of paying its pro rata share, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its personal property, on the value of Alterations within the Premises, and on Tenant's interest pursuant to this Lease, or any increase in any of the foregoing based on such Alterations. Landlord approves of Tenant's construction of the alterations described in EXHIBIT C to the Lease. All alterations shall be constructed at Tenant's sole expense, with Tenant having responsibility for obtaining all costs as they separately relate government approvals and permits. All trade fixtures, furniture, equipment and other personal property installed in the Premises shall remain Tenant's property. Except for alterations which cannot be removed without structural damage to the Premises, Tenant may remove its Premisesproperty from the Premises at any time, provided that Tenant repairs any damage caused by such removal. B. In compliance with Section 27 thereof, at least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Tenant’s Repairs and Maintenance. (a) ‌ 8.1. To the extent not otherwise specifically provided herein, Tenant shall, at all times, at its sole cost expense and expensethroughout the Term of this Lease, maintain keep the Premises Building in a clean, neat, sanitary neat and orderly condition. Except fashion so as provided to maintain it in Section 10.1first class condition and repair, Tenant’s maintenance of the Premises shall includeand keep, without limitationmaintain, and replace, as necessary, the maintenance, replacement and repair of any storefront, doors, interior and exterior windows, including casements, glass, including plate glass and glass fixtures, floors, closing devices, interior walls, lighting, plumbing, sanitary facilities and patio areas. Tenant shall be responsible for the cost of maintaining and repairing the heating, ventilation and air conditioning (“HVAC”) facilities serving its Premises on and after Landlord “tenders possession” of the Premises to Tenant. The facilities and fixtures shall be kept (repaired, maintained, replaced, or added to) at all times by Tenant in accordance with all governmental requirements and insurance requirements. Tenant hereby waives any rights it may have to make repairs or perform maintenance as provided in Sections 1941 and 1942 of the Civil Code of California or any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises, whether or not for the account of Landlord. Except as expressly provided in Section 10.1, Landlord shall not be obligated to make repairs, replacements or additions of any kind whatsoever upon the exterior or interior of the Premises or upon any equipment contained in or serving the Premises. Notwithstanding the foregoing, and anything to the contrary contained hereinBuilding, in the event that Landlord determines, in its sole each and reasonable discretion, that Tenant has failed to maintain such event that Landlord determines, in its sole and reasonable discretion, that Tenant has failed to maintain such Patio Area consistent with the foregoing standards, in addition to its other rights and remedies hereunder, upon written notice to Tenant, Landlord may assume such cleaning and maintenance and repair and replacement Tenant shall pay Landlord as additional rent hereunder for any and all costs and expenses associated therewithevery respect, including, but not limited to, its usual management fee. roof, foundations, floors, floor coverings, slabs, exterior and interior walls, entrances, glass, window molding and panes, and all fixtures, and partitions and ceilings, exterior and interior painting, structural systems, load bearing or exterior walls, mechanical equipment including HVAC, plumbing equipment, fire alarms and suppression system (b) If Tenant refuses or neglects if applicable), interior lighting, exterior lighting attached to perform its obligations under Section 10.2(a) to Landlord’s reasonable satisfaction as soon as reasonably possible after demandthe Building, Landlord may make such repairs without any liability to Tenant for loss or damage to Xxxxxx’s merchandisewater, fixtures or other propertygas, or to Tenant’s business sewer and upon completion thereof utility systems and lines from the meters, loading docks, doors, door openers, equipment, machinery, appliances, signs and appurtenances thereof. Tenant shall pay to Landlord the cost of such repairs plus twenty ten percent ( 2010%) be responsible for overhead upon presentation of the bill therefor. (c) Without limiting Tenant’s obligations hereunder, Xxxxxxxx agrees, for the benefit of Xxxxxx, to procure and maintain in full force and effect throughout the Term a contract or contracts for the all maintenance of the HVAC equipment serving at all times after delivery of the PremisesBuilding to Tenant. Any Tenant shall adhere to all applicable governmental regulations regarding proper containment and all costs accruing disposal of trash and garbage. If within thirty (30) days after demand by Landlord to comply with the requirements of this Section 8.1, Tenant does not commence and diligently prosecute to completion such work, then Landlord shall have the right, but not the obligation, to cause such work to be accomplished at Tenant’s cost and expense which sums shall be due and payable to Landlord under any such contract upon demand, and shall bear interest at the Default Rate (as hereinafter defined) until paid. 8.2. Following delivery by Landlord to Tenant, except as stated in Section 9 of this Lease, Tenant is accepting the Building on an “AS IS” “WHERE IS” basis from Landlord and with no liabilities or contracts obligations on the part of Landlord with respect thereto. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LANDLORD MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE HABITABILITY, MERCHANTABILITY, CONDITION, OR WORKMANSHIP OF ANY PART OF THE BUILDING, IMPROVEMENTS, OR PROPERTY OR THAT THEY WILL BE SUITABLE FOR TENANT’S PURPOSES OR NEEDS. Notwithstanding the foregoing, Landlord shall either be billed assign to Tenant on the Commencement Date all warranties received by Landlord relating to the Building as provided in Section 8.3 of this Lease.‌ 8.3. At time of delivery of the Building to Tenant, any contractor or other warranties pertaining to construction of the Improvements, including roof or equipment, shall, to the extent transferable, be transferred or otherwise made available by Landlord to Tenant. Landlord agrees to use commercially reasonable efforts, if necessary, to enforce any construction warranties Landlord may have against the general contractor who constructed the Building. Tenant monthly as Additional agrees to promptly notify Landlord of any basis for a warranty claim against the general contractor and to reasonably cooperate in connection therewith. The foregoing transfer of warranties to Tenant is conditional upon Tenant’s timely payment of Rent or included and otherwise being in Shop Buildings Expensescompliance with the terms of this Lease. Should an event of default on the part of Tenant occur, except that instead of paying Landlord may, in its pro rata sharediscretion by notice to Tenant, Tenant shall pay all costs as they separately relate cause any transferred warranties to its Premises.revert to Landlord.‌