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

Tenant’s Repairs and Maintenance. Tenant, at Tenant’s sole cost and expense, shall have the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary all portions of the Premises which are not expressly the responsibility of Landlord 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 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 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 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 thereof 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. Tenant, Tenant shall at all times during the Term at Tenant’s sole cost and expense, shall have the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary expense maintain all portions of the Premises which are not expressly the responsibility of Landlord 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 parts of the Premises, including the Tenant Improvements and shall timely arrange for the removal and/or disposal of any Alterations, in a first class, good, clean and secure condition and promptly make all palletsnecessary repairs and replacements, crates and refuge owned as reasonably determined by Tenant which cannot be disposed of in the dumpster servicing the Property. Tenant, at its 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 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 and permitted alterations excepted. Tenant shall perform all repairs and maintenance in a good and workmanlike manner, using materials and labor workmanship of the same character, kind and quality as originally employed within the propertyoriginal, including, without limitation, the following: (a) interior glass, windows, window frames, window casements (including the repairing, resealing, cleaning and replacing of interior windows and glass); (b) interior office entry doors, door frames and door closers; (c) interior lighting (including, without limitation, light bulbs and ballasts); (d) interior demising walls and partitions (including painting and wall coverings), (e) all Tenant Systems; and (f) all such repairs and maintenance Lines (defined in Paragraph 39.1). Tenant shall be responsible for providing regular janitorial service to the Premises on Business Days in compliance accordance with the standards of Comparable Buildings. As used herein, “Tenant Systems” means all governmental and quasi-governmental lawsof the following, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In to the event Tenant fails to properly perform any such repairs extent the same are installed by or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs on behalf of 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 event 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 reimburse 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 other tenant or licensee. In addition, Tenant shall, at its expense, promptly repair any damage to Landlord, as Additional Rentthe Premises, the costs thereof within thirty (30) days after receipt Building or the Project resulting from or caused by any negligence or act of Landlord’s invoice for same. The provisions of the Article 8 shall not apply incase of fire Tenant or other casualty, which are dealt with in Article 11Tenant Parties.

Tenant’s Repairs and Maintenance. 9.1. Except to the extent caused by Landlord, its agents, or contractors, Tenant, at Tenant's sole cost and expense, shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Premises that are necessary or desirable to keep the Premises in first class condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall maintain all fixtures, furnishings and equipment, including the ATM’s and the Drive-Thru banking facilities located in, at or exclusively serving the Premises, in clean, safe and sanitary condition, and shall take good care thereof and make all required repairs and replacements thereto. Without limiting the generality of the foregoing, Tenant, at Tenant’s sole cost and expense, shall have promptly make all repairs and replacements to (a) any pipes, lines, ducts, wires or conduits contained within the affirmative duty to periodically inspectPremises, maintain, service, repair and replace, if necessary all portions of (b) the Premises which are not expressly the responsibility of Landlord including, but not limited to, any glass windows, plate glass, office glass doors, dock doors, office entries, interior walls and finish work, all fixtures or appurtenances that are located in or about the Premises; (c) Tenant’s signs; (d) the floors and floor coverings, water heatersdoors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Premises; (e) heating, ventilating, air conditioning, electrical systems and fixturesplumbing system(s) equipment and fixtures (whether contained within or outside the Premises) which are installed by Tenant or which are located in the Premises or exclusively serve the Premises; (f) banking ATM’s, sprinkler systemsa night depository drop-box; Drive-Thru structures and building, dock bumpers, branch plumbing Drive-Thru window and fixturesteller equipment, and pest extermination. In addition thereto, Tenant shall keep paved driveway area serving the Drive-Thru banking facilities; and (g) 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 when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant’s debris. Tenant shall not store materialsagents, waste employees or pallets outside of the Premisesinvitees, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned or by Tenant which cannot be disposed of in the dumpster servicing the Property. Tenant, at its 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 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 perform any of its obligations under this Lease. Tenant shall be responsible, at Tenant’s sole expense, for providing all janitorial (including trash removal) and cleaning services for the Premises sufficient to maintain a standard of cleanliness and hygiene reasonably satisfactory to Landlord. All such services shall be provided in accordance with standards customarily maintained for similar first class properties. Tenant shall give Landlord prompt written notice of any defects or damage to the structure of, or impose equipment or fixtures in, the Building or any liability upon Landlord except if part thereof. Tenant shall suffer no waste or injury to any part of the Premises, and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. Upon shall, at the expiration or earlier termination of this Leasethe Lease Term, Tenant shall return surrender the Premises to Landlord broom clean, in substantially the same condition as when receivedgood order and condition, reasonable except for ordinary wear and tear tear. All injury, breakage and permitted alterations excepted. Tenant shall perform all repairs damage to the Premises and maintenance in a good and workmanlike manner, using materials and labor to any other part of the same characterBuilding or the Land caused by any act or omission of any invitee, kind and quality as originally employed within the property; and all such repairs and maintenance agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or guest of Tenant (collectively, “Invitees”) or Tenant, shall be in compliance with all governmental repaired by and quasi-governmental lawsat Tenant's expense, 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, except that Landlord shall have the right at Landlord's option to perform make any such repairs on behalf of repair and to charge Tenant for all costs and expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article 7 to the extent permitted hereunder); all other bulbs and tubes for the Premises shall be provided and installed at Tenant, in which event Tenant 's expense. 9.2. Landlord shall reimburse to Landlord, as Additional Rent, at all times upon twenty-four (24) hours advance notice have the costs thereof within thirty right during Tenant’s regular business hours to: (30i) days after receipt of inspect the Premises and/or the ATM’s; (ii) comply with Landlord’s invoice for same. The obligations with regard to repair and maintenance of the Property; (iii) perform any obligations of Tenant hereunder which Tenant has failed to perform after written notice to Tenant from Landlord; and (iv) assure Tenant’s compliance with the terms and provisions of this Lease and all applicable laws, ordinances, rules and regulations. Landlord will use commercially reasonable efforts to minimize any interference with Tenant’s business operations during any such entry. Landlord shall provide at least twenty-four (24) hours notice for any access required after normal business hours, except that, notwithstanding the Article 8 shall foregoing, Landlord will not apply incase of fire or other casualty, which are dealt with be required to provide any notice in Article 11an emergency.

Tenant’s Repairs and Maintenance. A. Except as provided in Paragraph 5 (Landlord's Repairs), Paragraph 11 (Fire and Casualty Damage) and Paragraph 16 (Condemnation), and except for express obligations under this Lease and for normal wear and tear, Tenant, at Tenant’s sole its own cost and expense, shall have the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary (i) maintain all portions parts of the Premises which are not expressly the responsibility of Landlord (including, but not limited to, any windows, plate glass, office doors, dock doors, office entries, interior walls and finish work, floors and the 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 slab of the Premises and the dock area servicing 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 clean good and sanitary conditionworkmanlike manner. In addition to the foregoing, and shall keep Tenant shall, at its sole expense (subject to Paragraph 11D), repair any damage to the common parking areasPremises or the Building caused by acts or omissions of Tenant or Tenant's employees, driveways and loading docks free of agents or invitees, or caused by Tenant’s debris. Tenant shall not store materials's default hereunder. B. In addition to Tenant's other obligations hereunder, 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 own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor reasonably approved by Landlord for servicing all hot water, heating and air conditioning and elevator systems and equipment within or serving 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 To the aforesaidextent they may be assigned, Landlord shall have the option hereby assigns to enter into a regularly scheduled preventative maintenance/service contract on items for Tenant all guaranties 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 warranties related to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC systemSystem and hot water equipment. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 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 thereof 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. Except as provided below in the Paragraph 8 or as otherwise provided in Paragraph 4(b)(iv) above with respect to Landlord’s obligation relating to common and other areas, Tenant, at Tenant’s sole cost and expense, shall have at all times during the affirmative duty to periodically inspectLease Term and in accordance with all Legal Requirements, maintain, service, repair and replace, if necessary necessary, and keep in good condition and repair all portions of the Premises which are not expressly the responsibility of Landlord (as set forth in Paragraph 7 above), including, but not limited to, fixtures, equipment and appurtenances thereto, any windows, plate glass, office doors, dock doorsdoors and ancillary equipment, all heating, ventilation and air conditioning equipment serving the Premises, 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 refuse 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. Such replacements for which Tenant is solely responsible hereunder which are capital in nature and that are required to be capitalized for federal income tax purposes shall be amortized on a straight line basis over a period equal to the useful life thereof for federal income tax purposes, and shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such capital replacement, and the denominator of which shall be the amortization period (in months) equal to the useful life thereof for federal income tax purposes. Landlord shall pay for such capital replacement and Tenant shall reimburse Landlord, as Additional Rent, for its amortized share of same (determined as hereinabove set forth) in equal monthly installments throughout the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Notwithstanding anything contained herein to the contrary, Tenant’s responsibility with respect to repairs or replacements to the HVAC system servicing the Premises shall be limited to $1,000.00 per occurrence per unit, and Landlord shall be responsible for any repairs or replacements to such HVAC system in excess of such amount, provided, however, such limitation shall not be effective for any repairs or replacements necessitated due to the lack of maintenance or misuse of, or damages caused by, Tenant, its agents, employees, contractors, assignees, subtenants or invitees, nor shall such limitation be effective after replacement of any HVAC unit or replacement of any particular part of such HVAC system, in which case the costs related thereto shall be solely borne by Tenant, regardless of cost. As set forth on Exhibit E hereto, Tenant, at its 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 serving 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, 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 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 costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. system (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or subject to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 limitations set forth 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (i) through (ivpreceding paragraph), 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 and permitted alterations damages by fire or other 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 in, on or about the propertyProperty; 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 timetime following 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 thereof 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. TenantTenant covenants and agrees that, at Tenant’s sole cost from and expense, shall have after the affirmative duty to periodically inspect, maintain, service, repair Commencement Date and replace, if necessary all portions until the end of the Premises which are not expressly the responsibility of Landlord 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 theretoLease Term, Tenant shall will keep neat and clean and maintain in good order, condition and repair 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 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 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(including, without limitation, all maintenance of such system. In the event Landlord elects such optionplumbing, mechanical, electrical, fire safety, sprinkler and ventilation facilities installed by Tenant shall reimburse and any special equipment attached to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance or made a part of the HVAC system. (i) the making Building or its systems by Tenant or others 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 any decorationsthe Premises and those repairs and other obligations for which Landlord is expressly responsible under the terms of Article Vll of this Lease and, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. Upon the expiration or earlier termination Article XIV of this Lease, Tenant shall return damage by fire or casualty and as a consequence of the Premises to Landlord in substantially exercise of the same condition as when received, reasonable wear and tear and permitted alterations exceptedpower of eminent domain. Tenant shall perform not permit or commit any waste, and, subject to Section 13.13, Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damages to common areas in the Building or the Complex by Tenant, Tenant’s agents, employees, contractors, sublessees, licensees, concessionaires or invitees. Tenant shall maintain all repairs its equipment, furniture and furnishings in good order and repair. Subject to the foregoing, Tenant shall be responsible for all repairs, maintenance in a good and workmanlike mannerreplacement of all systems and facilities located within and exclusively serving the Premises (e.g., using materials Tenant's distribution of electricity, sprinkler and labor HVAC facilities within the Premises installed as part 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 Tenant's Work or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs otherwise by or on behalf of Tenant, in each case as distinguished from Landlord's Work). Notwithstanding any provision to the contrary, Tenant's obligations under this Section shall not include making any repair or improvement (y) to the extent necessitated by the negligence or willful conduct of Landlord, any Landlord Party, Overlandlord or any of Overlandlord's agents, employees or contractors that is not covered by the insurance required to be carried by Tenant under this Lease, or (z) to the extent caused by Landlord's failure to perform its obligations hereunder. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch after such demand and within the applicable time period therefor set forth in Section 15.1 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 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 that may accrue to Tenant's stock or business by reason thereof. If Landlord makes or causes such repairs to be made, Tenant agrees that Tenant will forthwith on demand, pay to Landlord as Additional Rent the cost thereof together with interest thereon at the rate specified in Section 16.21, and if Tenant shall reimburse to Landlorddefault in such payment, as Additional Rent, Landlord shall have the costs thereof within thirty (30) days after receipt remedies provided for non-payment of Landlord’s invoice for same. The provisions of the Article 8 shall not apply incase of fire rent or other casualty, which are dealt with in Article 11charges payable hereunder.

Tenant’s Repairs and Maintenance. TenantSubject to Sections 15 and 16, Tenant agrees, at Tenant’s its sole cost and expensecost, shall have the affirmative duty to periodically inspect, maintain, service, repair and replacemaintain the Premises, if necessary all portions parts thereof, all loading docks contiguous thereto and all Tenant's 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 which are not expressly the responsibility clean, promptly replacing any broken door or door closers and any cracked or broken glass with glass of Landlord includinglike kind and quality. Tenant shall maintain, 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 fixturesrepair, and pest extermination. In addition thereto, Tenant shall keep replace as and when necessary the mechanical systems or components thereof exclusively serving the Premises (including HVAC) and all utility lines within the dock area servicing Premises, including those within the Premises in a clean and sanitary conditionexterior or demising walls, and shall keep except to the common parking areasextent such items are to be maintained, driveways and loading docks free of Tenant’s debrisrepaired or replaced by Landlord pursuant to Section 10.1. Tenant shall not store materials, waste or pallets outside of the Premises, permit any vibration and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant noise which cannot may be disposed of in the dumpster servicing the Property. Tenant, at its 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 transmitted beyond the Premises. The service contract must When used in this Lease, the term "repair" shall include making all services suggested by the equipment manufacturer necessary replacements, renewals, alterations and additions. All repairs shall be at least equal in its operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior quality to the date original work and shall be made by Tenant takes possession of the Premisesin accordance with all applicable laws, ordinances and regulations. 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or improvements, nor (iii) subject to Article 11 any damage to provide its own janitorial service for the Premises or in accordance with specifications reasonably approved by Landlord. If Tenant fails 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 perform any of its obligations under this LeaseSection 7.4, or impose Landlord may, in addition to exercising any liability upon Landlord except if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. Upon the expiration or earlier termination of this Leaseother remedies provided herein, Tenant shall 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 after notice to Tenant and expiration of time, the applicable cure period. Any sums expended by Landlord shall have the option to perform in performing such repairs on behalf of Tenant, in which event Tenant or maintenance shall reimburse to Landlord, be due and payable as Additional Rent, the costs thereof within thirty [*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 (3010) days after Tenant's receipt of Landlord’s invoice 's written request for same. The provisions of the Article 8 shall not apply incase of fire or other casualtyreimbursement, which are dealt with in Article 11request shall be accompanied by reasonable evidence of such costs.

Tenant’s Repairs and Maintenance. TenantExcept as provided in Paragraph 10, Tenant shall at all times during the Term at Tenant’s sole cost and expense, shall have the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary expense maintain all portions parts of the Premises which are not expressly the responsibility in good repair, reasonable wear and tear and event of Landlord includingcasualty excluded and promptly make all necessary repairs and replacements, as reasonably determined by Landlord, including but not limited to, any all windows, plate glass, office doors, dock doorswalls, office entriesincluding demising walls, interior walls and finish workwall finishes, floors and floor coveringscovering, water heatersheating, electrical systems ventilating and fixturesair conditioning systems, sprinkler systemsceiling insulation, truck doors, hardware, dock bumpers, branch dock plates and levelers, plumbing work and fixtures, downspouts, entries, skylights (glass but not frame), electrical and pest extermination. In addition thereto, Tenant shall keep the Premises and the dock area servicing the Premises in a clean and sanitary conditionlighting systems, and shall keep fire sprinklers, with materials and workmanship of substantially the common parking areassame character, driveways kind and loading docks free of quality as the original. Tenant shall, at 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 own cost and expense, shall enter into a regularly scheduled preventive preventative maintenance/service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air conditioning systems and equipment (“HVAC”) 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 in its operationswithin the operation/maintenance manual and an executed must become effective and a copy of such contract must be provided thereof delivered to Landlord prior to the date Tenant 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 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 thereof within thirty (30) days after receipt 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 invoice for sameoverhead. The provisions of Notwithstanding anything to the Article 8 shall not apply incase of fire contrary contained herein, Tenant shall, at its expense, promptly repair any damage to the Premises or other casualty, the Building or Project resulting from or caused by any act or Tenant or Tenant’s Parties. Notwithstanding anything to the contrary contained herein Tenant may elect to maintain the HVAC equipment which are dealt with in Article 11specifically services Tenant’s laboratory operations.

Tenant’s Repairs and Maintenance. TenantSubject to Sections 15 and 16, Tenant agrees, at its sole cost, to repair and maintain the Premises, all parts thereof, all loading docks contiguous thereto and all Tenant’s sole cost signs in good order, condition and expenserepair, shall have ordinary wear and tear excepted, including keeping the affirmative duty to periodically inspect, maintain, service, repair inside of all glass in doors and replace, if necessary all portions windows of the Premises which are not expressly the responsibility clean, promptly replacing any broken door or door closers and any cracked or broken glass with glass of Landlord includinglike kind and quality. Tenant shall maintain, 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 fixturesrepair, and pest extermination. In addition thereto, Tenant shall keep replace as and when necessary the mechanical systems or components thereof exclusively serving the Premises (including HVAC) and all utility lines within the dock area servicing Premises, including those within the Premises in a clean and sanitary conditionexterior or demising walls, and shall keep except to the common parking areasextent such items are to be maintained, driveways and loading docks free of Tenant’s debrisrepaired or replaced by Landlord pursuant to Section 10.1. Tenant shall not store materials, waste or pallets outside of the Premises, permit any vibration and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by Tenant noise which cannot may be disposed of in the dumpster servicing the Property. Tenant, at its 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 transmitted beyond the Premises. The service contract must When used in this Lease, the term “repair” shall include making all services suggested by the equipment manufacturer necessary replacements, renewals, alterations and additions. All repairs shall be at least equal in its operations/maintenance manual and an executed copy of such contract must be provided to Landlord prior quality to the date original work and shall be made by Tenant takes possession of the Premisesin accordance with all applicable laws, ordinances and regulations. 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or improvements, nor (iii) subject to Article 11 any damage to provide its own janitorial service for the Premises or in accordance with specifications reasonably approved by Landlord. If Tenant fails 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 perform any of its obligations under this LeaseSection 7.4, or impose Landlord may, in addition to exercising any liability upon Landlord except if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. Upon the expiration or earlier termination of this Leaseother remedies provided herein, Tenant shall 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 after notice to Tenant and expiration of time, the applicable cure period. Any sums expended by Landlord shall have the option to perform in performing such repairs on behalf of Tenant, in which event Tenant or maintenance shall reimburse to Landlord, be due and payable as Additional Rent, the costs thereof within thirty [*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 (3010) days after Tenant’s receipt of Landlord’s invoice written request for same. The provisions of the Article 8 shall not apply incase of fire or other casualtyreimbursement, which are dealt with in Article 11request shall be accompanied by reasonable evidence of such costs.

Tenant’s Repairs and Maintenance. TenantTenant shall at all times during the Term, at Tenant’s sole cost and 's expense, shall have the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary maintain all portions of the Premises which are not expressly the responsibility of Landlord 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 parts of the Premises, including the Tenant Improvements 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 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 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (i) through (iv), shall constitute an actual or constructive evictionAlterations, in whole or in parta first class, or entitle Tenant to any abatement or diminution of rentgood, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord except if clean and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. Upon the expiration or earlier termination of this Lease, Tenant shall return the Premises to Landlord in substantially the same secure condition as when received, reasonable wear and tear and permitted alterations excepted. Tenant shall perform promptly make all necessary repairs and maintenance in a good and workmanlike mannerreplacements, using with materials and labor workmanship of the same character, kind and quality as originally employed within the propertyoriginal, including, without limitation, the following: (a) interior and exterior glass, windows, plate glass, window frames, window casements (including the repairing, resealing, cleaning and replacing of windows); (b) interior and exterior doors, door frames and door closers; (c) interior lighting (including, without limitation, light bulbs and ballasts); (d) interior demising walls and partitions (including painting and wall coverings), (e) all Tenant Systems; and (f) all such repairs and maintenance Lines (defined in Paragraph 38.1). Tenant shall be responsible for providing regular janitorial service to the Premises on Business Days in compliance accordance with the standards of Comparable Buildings. As used herein, "Tenant Systems" means all governmental and quasi-governmental lawsof the following, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In to the event Tenant fails to properly perform any such repairs extent the same are installed by or maintenance within a reasonable period of time, Landlord shall have the option to perform such repairs on behalf of Tenant, and exclusively serve the Premises and are located in which event (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 shall reimburse 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, as Additional Rent, a contract for the costs thereof within thirty (30) days after receipt of Landlord’s invoice for same. The provisions maintenance and repair of the Article 8 Tenant Systems (which contract shall not apply incase require the contractor, at least once every three (3) months, to (x) inspect such Tenant Systems and provide to Tenant a report of fire 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 casualtypreventive maintenance, which are dealt with in Article 11.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

Tenant’s Repairs and Maintenance. Tenant6.2.1 Throughout the term hereof, at Tenant’s sole cost and expense, Tenant shall have the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary all portions maintain the interior of the Premises which are not expressly the responsibility of Landlord includingin good order and condition, but not limited to, any windows, plate including window glass, office doorsinterior walls, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heatersdoors, electrical all utility and building systems which are within and fixturesexclusively serve the Premises (excluding sprinkler system), sprinkler and the heating, ventilating and air conditioning (HVAC) system exclusively serving 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, dock bumpersof any kind or nature, branch plumbing serving the Premises and fixtures, and pest exterminationwhich Tenant is required to repair hereunder. In addition thereto, Tenant shall keep also monitor the sprinkler system serving 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 remainder of the PremisesBuilding, and shall timely arrange for the removal and/or disposal of all pallets, crates and refuge owned by which Tenant which cannot be disposed of in the dumpster servicing the Property. Tenant, at its 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 takes possession of the Premises. Notwithstanding the aforesaid, Landlord shall have the option right to enter into have done on 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 systemmonthly basis. In the event of any emergency (e.g., activation of the sprinkler head), Landlord elects shall provide access to Tenant (as Tenant's representative) to the remainder of the Building to determine the nature of such option, emergency. Tenant shall reimburse contract with the contractor to Landlordprovide such monitoring service, and Landlord and Tenant shall share in the cost of such monitoring service as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system.follows: (i) whether or not the making monitoring contract used by Tenant or others requires inspections on a monthly basis, Landlord shall not be required to contribute to the cost of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor such inspections which are provided on more than a quarterly basis; (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 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 thereof within thirty (30) days after receipt of Tenant's written demand therefor, Landlord shall pay to Tenant Landlord’s invoice for same. The provisions 's "proportionate share" of such 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 (100%) and Tenant's Proportionate Share; and (iii) 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 of the Article 8 Commencement Date, and Landlord shall not apply incase of fire or other casualty, which are dealt with in Article 11pay for any replacements required for such systems during the first full Lease Year.

Tenant’s Repairs and Maintenance. TenantIn addition to the payments to -------------------------------- be made by Tenant pursuant to the provisions set forth above, and subject to the provisions of Paragraphs 10, 24 and 25 of this Lease, Tenant shall, at Tenant’s 's sole cost and expense, shall have keep and maintain the affirmative duty to periodically inspectPremises (except as specified in Subparagraph 17(d) below), maintainincluding without limitation, service, repair and replace, if necessary all non-structural portions of the Premises which are not expressly roof and the responsibility exterior walls of Landlord includingthe Building, but not limited toall floors, any windowssubfloors, plate glass, office doors, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heaterswindows, ceilings, interior walls, fixtures, doors, electrical systems and fixtureslighting equipment, sprinkler plumbing, heating, air conditioning, ventilating systems, dock bumpersimmediately loading areas and Tenant's signs, branch plumbing in all respects in good repair and fixturesin clean and safe condition, reasonable wear and tear excepted, and pest exterminationif impractical to repair then the foregoing items shall be replaced; provided, however, Landlord shall enforce, for the benefit of Tenant, any and all warranties received by Landlord during the initial construction of the Building (including the "shell mezzanine" to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent such warranties cover items of repair for which Tenant shall be responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition theretoto the foregoing, 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. Tenantshall, at its own Tenant's sole cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract replace, immediately upon breakage, all glass in the Premises that may be broken during the term of this Lease 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 glass at least equal to the date Tenant takes possession specification and quality of the Premisesglass so replaced. Notwithstanding the aforesaidforegoing, 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 maintenance of such system. In the event Landlord elects such option, after providing Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 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 thereof within written notice thirty (30) days after receipt of Landlord’s invoice for same. The provisions to cure, to assume any or all of the Article 8 shall not apply incase foregoing maintenance and repair responsibilities, and to require Tenant to reimburse Landlord as Additional Rent, for the cost of fire or other casualtyall such services, which are dealt together with in Article 11an accounting and management services fee of five percent (5%) of the cost of such services.

Tenant’s Repairs and Maintenance. Tenant8.1. To the extent not otherwise specifically provided herein, Tenant shall, at Tenant’s its sole cost expense and expensethroughout the Term of this Lease, shall have keep the affirmative duty Building in a neat and orderly fashion so as to periodically inspectmaintain it in first class condition and repair, and keep, maintain, service, repair and replace, if necessary all portions of as necessary, the Premises which are not expressly the responsibility of Landlord Building, in each and every respect, including, but not limited to, any windowsroof, plate glassfoundations, office doorsfloors, dock doors, office entries, interior walls and finish work, floors and floor coverings, water heatersslabs, electrical systems exterior and fixturesinterior walls, sprinkler systemsentrances, dock bumpersglass, branch plumbing window molding and panes, and all fixtures, and pest extermination. In addition theretopartitions and ceilings, Tenant shall keep exterior and interior painting, structural systems, load bearing or exterior walls, mechanical equipment including HVAC, plumbing equipment, fire alarms and suppression system (if applicable), interior lighting, exterior lighting attached to the Premises Building, water, gas, sewer and utility systems and lines from the dock area servicing the Premises in a clean meters, loading docks, doors, door openers, equipment, machinery, appliances, signs and sanitary condition, and shall keep the common parking areas, driveways and loading docks free of Tenant’s debrisappurtenances thereof. Tenant shall not store materials, waste or pallets outside of the Premises, and shall timely arrange be responsible 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 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 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any at all times after delivery of the events or occurrences referred Building to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. 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 and permitted alterations exceptedTenant. Tenant shall perform adhere to all repairs applicable governmental regulations regarding proper containment and maintenance in a good disposal of trash 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 carriergarbage. 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 thereof If within thirty (30) days after receipt demand by Landlord to comply with the requirements of Landlordthis 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 invoice cost and expense which sums shall be due and payable to Landlord 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 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 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 agrees to promptly notify Landlord of any basis for samea warranty claim against the general contractor and to reasonably cooperate in connection therewith. The provisions foregoing transfer of warranties to Tenant is conditional upon Tenant’s timely payment of Rent and otherwise being in compliance with the Article 8 shall not apply incase terms of fire or other casualtythis Lease. Should an event of default on the part of Tenant occur, which are dealt with Landlord may, in Article 11its discretion by notice to Tenant, cause any transferred warranties to revert to Landlord.

Tenant’s Repairs and Maintenance. Tenant, at Tenant’s sole cost and expense, shall have During the affirmative duty to periodically inspect, maintain, service, repair and replace, if necessary all portions of the Premises which are not expressly the responsibility of Landlord 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 theretoterm hereof, 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. Tenantshall, at its 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 make such repairs 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 replacements to Landlord prior to the date Tenant takes possession so much of the Premises. Notwithstanding leased premises as Tenant is required to maintain as hereinafter set forth, which are necessary to maintain the aforesaid, Landlord shall have same in as good order and condition as that which existed at 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 maintenance of such system. In the event Landlord elects such option, Tenant shall reimburse to Landlord, as Additional Rent, all of Landlord’s costs in connection with said contract, as well as Landlord’s actual costs of repair and maintenance commencement of the HVAC system. (i) the making by Tenant or others of any decorations, repairs, alterations, additions or improvements in or to the Premises, nor (ii) the failure of Tenant or others to make any such decorations, repairs, alterations, additions or 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 or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the 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 if and to the same is the result of Landlord’s (or its agent’s) gross negligence or willful misconduct. Upon the expiration or earlier termination term of this Lease, Tenant shall 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 mannertear, 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 thereof within thirty (30) days after receipt of Landlord’s invoice for same. The provisions of the Article 8 shall not apply incase of damage by fire or other casualty, eminent domain takings, defective workmanship, materials or equipment provided by Landlord in the original construction of the Building, damage arising by settling of the Building or any improvements on the leased property erected by Landlord for Tenant and Landlord's failure to make any repairs required by it under the Lease, excepted. The property Tenant shall be required to maintain shall include the interior of the leased premises, the pipes, HVAC and heating systems, plumbing system, window glass if uninsured, fixtures, and all other appliances, equipment, and appurtenances exclusively servicing the leased premises. With regard to the pipes, plumbing system, fixtures and all other appliances and appurtenances exclusively servicing the leased premises, and all equipment used in connection with the same, the Tenant's obligations shall be limited to only those items which are dealt located in 4 -4- the interior of the leased premises. Landlord represents and warrants that the pipes, plumbing system, fixtures and all other appliances and appurtenances exclusively servicing the leased premises and all equipment used in connection with the same are in Article 11good working order as of the commencement date of this Lease.