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

Tenant’s Repairs and Maintenance. (a) Tenant covenants and agrees that, from and after the Commencement Date and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs or replacements within thirty (30) days after such demand and/or approval of plans and specifications (if applicable) or to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required to do so) make or cause such repairs or replacements 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 provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of such pay rates, for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred). If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will within thirty (30) days of demand, pay to Landlord as Additional Rent the cost thereof, together with interest thereon at the Lease Interest Rate.

Tenant’s Repairs and Maintenance. (a) ‌ 8.1. To the extent not otherwise specifically provided herein, Tenant covenants and agrees that, from and after the Commencement Date and until the end of the Lease Term, Tenantshall, at its expensesole expense and throughout the Term of this Lease, will keep the Building in a neat and clean and orderly fashion so as to maintain it in good order, first class condition and repair repair, and keep, maintain, and replace, as necessary, the PremisesBuilding, Alterations in each and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or the Building systemsevery respect, including, without limitationbut not limited to, any distribution conduits for the HVAC system serving the Premisesroof, any supplemental air conditioning unitsfoundations, any private lavatory floors, floor coverings, slabs, exterior and any public lavatories located on floors leased entirely to Tenantinterior walls, showerentrances, toiletglass, washbasin window molding and kitchen facilitiespanes, and all plumbing serving or connected to such systems or facilitiesfixtures, and will make all required repairs thereto and/or replacements of portions thereofpartitions and ceilings, excepting only for those repairs exterior and interior painting, structural systems, load bearing or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due exterior walls, mechanical equipment including HVAC, plumbing equipment, fire alarms and suppression system (if applicable), interior lighting, exterior lighting attached to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinarywater, structural orgas, non-structuralsewer and utility systems and lines from the meters, when necessitated by Tenant’sloading docks, or its subtenant’s or assignee’sdoors, moving property in or out of the Building or installation or removal of furnituredoor openers, fixtures or other property or by the performance by Tenantequipment, or its subtenant or assigneemachinery, of any alterations or other work in the Premisesappliances, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs signs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premisesappurtenances thereof. Tenant shall be responsible for all maintenance of the cost HVAC at all times after delivery of the Building to Tenant. Tenant shall adhere to all repainting applicable governmental regulations regarding proper containment and all repairs, maintenance disposal of trash and replacement of wall, ceiling and floor coverings in the Premisesgarbage. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs or replacements within thirty (30) days after such demand and/or approval of plans and specifications (if applicable) or by Landlord to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required to do so) make or cause such repairs or replacements 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 provided that Landlord shall use reasonable efforts to minimize interference comply with the conduct requirements of Tenant’s business this Section 8.1, Tenant does not commence and any diligently prosecute to completion such loss or damage (but 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 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 obligation 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 employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay on the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred Commencement Date all warranties received by Landlord relating to such workthe 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 all fringe benefits and other elements of such pay ratesroof or equipment, for such labor and 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 other out-of-pocket overtime costs or expenses reasonably incurred)construction warranties Landlord may have against the general contractor who constructed the Building. If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that 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 will within thirty (30) days is conditional upon Tenant’s timely payment of demandRent and otherwise being in compliance with the terms of this Lease. Should an event of default on the part of Tenant occur, pay Landlord may, in its discretion by notice to Landlord as Additional Rent the cost thereofTenant, together with interest thereon at the Lease Interest Rate.cause any transferred warranties to revert to Landlord.‌

Tenant’s Repairs and Maintenance. (a) Tenant covenants and agrees that, from and after the Commencement Date and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything In addition to the contrary set forth in Section 7.1, but subject payments to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to -------------------------------- be made by Tenant pursuant to the terms hereofprovisions set forth above, and subject to the provisions of Paragraphs 10, 24 and 25 of this Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises (except as specified in Subparagraph 17(d) below), including without limitation, non-structural portions of the roof and the exterior walls of the Building, all floors, subfloors, floor coverings, windows, ceilings, interior walls, fixtures, doors, electrical and lighting equipment, plumbing, heating, air conditioning, ventilating systems, immediately loading areas and Tenant's signs, in all respects in good repair and in clean and safe condition, reasonable wear and tear excepted, and if impractical to repair then the foregoing items shall be replaced; provided, however, Landlord may demand that 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 make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoing, Tenant refuses or neglects shall, at Tenant's sole cost and expense, replace, immediately upon breakage, all glass in the Premises that may be broken during the term of this Lease with glass at least equal to commence such repairs or replacements within the specification and quality of the glass so replaced. Notwithstanding the foregoing, Landlord shall have the option, after providing Tenant written notice thirty (30) days after such demand and/or approval to cure, to assume any or all of plans the foregoing maintenance and specifications (if applicable) or repair responsibilities, and to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required require Tenant to do so) make or cause such repairs or replacements 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 provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of such pay rates, for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred). If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will within thirty (30) days of demand, pay to reimburse Landlord as Additional Rent Rent, for the cost thereofof all such services, together with interest thereon at an accounting and management services fee of five percent (5%) of the Lease Interest Ratecost of such services.

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 promptly make all repairs and replacements to (a) any pipes, lines, ducts, wires or conduits contained within the Premises, (b) the glass windows, plate glass doors, and all fixtures or appurtenances that are located in or about the Premises; (c) Tenant’s signs; (d) the floors and floor coverings, doors 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 and plumbing system(s) equipment and fixtures (whether contained within or outside the Premises) which are installed by Tenant covenants or which are located in the Premises or exclusively serve the Premises; (f) banking ATM’s, a night depository drop-box; Drive-Thru structures and agrees thatbuilding, from Drive-Thru window and after teller equipment, and paved driveway area serving the Commencement Date Drive-Thru banking facilities; and until (g) the end Premises when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant’s agents, employees or invitees, or by the failure of Tenant to 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 equipment or fixtures in, the Building or any part thereof. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, Tenantsurrender the Premises broom clean, at its expense, will keep neat and clean and maintain in good orderorder and condition, condition except for ordinary wear and repair the Premisestear. All injury, Alterations breakage and all fixtures or facilities contained in damage to the Premises which do not constitute and to any other part of the Common Elements or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation the Land caused by any act or removal omission of furnitureany invitee, fixtures agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or other property guest of Tenant (collectively, “Invitees”) or by the performance by Tenant, or its subtenant or assigneeshall be repaired by and at Tenant's expense, of except that Landlord shall have the right at Landlord's option to make any alterations or such 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 work in bulbs and tubes for the Premises, or when necessitated by Premises shall be provided and installed at Tenant's expense. 9.2. Landlord shall at all times upon twenty-four (24) hours advance notice have the negligent acts or willful acts of right during Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or ’s regular business hours to: (i) inspect the use or occupancy or manner of use or occupancy Premises and/or the ATM’s; (ii) comply with Landlord’s obligations with regard to repair and maintenance of the Premises other than in accordance 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 of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Lease and all applicable laws, ordinances, rules and regulations. Landlord or the Board at will use commercially reasonable efforts to minimize any interference with Tenant’s commercially reasonable cost and expensebusiness operations during any such entry. Tenant, at its expense, Landlord shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class provide at least equal to twenty-four (24) hours notice for any access required after normal business hours, except that, notwithstanding the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the terms hereofforegoing, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs or replacements within thirty (30) days after such demand and/or approval of plans and specifications (if applicable) or to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall will not be required to do so) make or cause such repairs or replacements to be made and shall not be responsible to Tenant for provide any loss or damage that may accrue to Tenant’s stock or business by reason thereof provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential notice in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of such pay rates, for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred). If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will within thirty (30) days of demand, pay to Landlord as Additional Rent the cost thereof, together with interest thereon at the Lease Interest Rateemergency.

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 at all times during the Lease Term and in accordance with all Legal Requirements, maintain, service, repair and replace, if necessary, and keep in good condition and repair all portions of the Premises which are not expressly the responsibility of Landlord (aas set forth in Paragraph 7 above), including, but not limited to, fixtures, equipment and appurtenances thereto, any windows, plate glass, office doors, dock doors 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 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) Tenant covenants and agrees that, from and after over the Commencement Date and until the end 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, will keep neat shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and clean air conditioning systems and maintain in good order, condition and repair equipment serving the Premises, Alterations . The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and all fixtures or facilities contained in an executed copy of such contract must be provided to Landlord prior to the Premises which do not constitute part date Tenant takes possession of the Common Elements or Premises. Notwithstanding the Building systemsaforesaid, includingLandlord 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, any distribution conduits for 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 serving (subject to the Premises, any supplemental air conditioning units, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving limitations set forth in the preceding paragraph). Upon the expiration or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 earlier termination of this Lease Lease, Tenant shall return the Premises to Landlord in substantially the same condition as when received, reasonable wear and tear and damages by fire or unless due to Landlord’s negligence or willful misconductother casualty excepted. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of perform all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to manner, using materials and labor of the reasonable satisfaction same character, kind and quality as originally employed in, on or about 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. (b) If repairs or replacements are required ’s insurance carrier. In the event Tenant fails to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence properly perform any such repairs or replacements maintenance within a reasonable period of time 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 such demand and/or approval receipt of plans and specifications (if applicable) or to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required to do so) make or cause such repairs or replacements 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 provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of such pay rates, invoice for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred). If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will within thirty (30) days of demand, pay to Landlord as Additional Rent the cost thereof, together with interest thereon at the Lease Interest Ratesame.

Tenant’s Repairs and Maintenance. Tenant shall at all times during the Term, at Tenant's expense, maintain all parts of the Premises, including the Tenant Improvements and any Alterations, in a first class, good, clean and secure condition and promptly make all necessary repairs and replacements, with materials and workmanship of the same character, kind and quality as the original, 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 covenants Systems; and agrees that(f) all Lines (defined in Paragraph 38.1). Tenant shall be responsible for providing regular janitorial service to the Premises on Business Days in accordance with the standards of Comparable Buildings. As used herein, from and after the Commencement Date and until the end "Tenant Systems" means all of the Lease Termfollowing, to the extent the same are installed by or 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, will shall (i) keep neat the Tenant Systems in as good working order and clean 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 good ordereffect, condition with a contractor reasonably approved by Landlord, a contract for the maintenance and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or Tenant Systems (which contract shall require the Building systemscontractor, includingat least once every three (3) months, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units, any private lavatory to (x) inspect such Tenant Systems and any public lavatories located on floors leased entirely provide to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, a report of any alterations defective conditions, together with any recommendations for maintenance, repair or other work in the Premisesparts-replacement, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than all in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwithmanufacturer's recommendations, and (except in cases of emergencyy) replace filters, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs or replacements within thirty (30) days after such demand and/or approval of plans oil and specifications (if applicable) or to complete the same with reasonable diligence thereafterlubricate machinery, Landlord or the Boardreplace parts, as applicableadjust drive belts, may (but shall not be required to do so) make or cause such repairs or replacements to be made change oil and shall not be responsible to Tenant for any loss or damage that may accrue to Tenant’s stock or business by reason thereof provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or perform other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such workpreventive 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 fringe benefits and other elements reasonable recommendations of such pay rates, for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred). If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will within thirty (30) days of demand, pay to Landlord as Additional Rent the cost thereof, together with interest thereon at the Lease Interest Rate.contractor; and

Tenant’s Repairs and Maintenance. (a) 8.1. To the extent not otherwise specifically provided herein, Tenant covenants and agrees that, from and after the Commencement Date and until the end of the Lease Term, Tenantshall, at its expensesole expense and throughout the Term of this Lease, will keep the Building in a neat and clean and orderly fashion so as to maintain it in good order, first class condition and repair repair, and keep, maintain, and replace, as necessary, the PremisesBuilding, Alterations in each and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or the Building systemsevery respect, including, without limitationbut not limited to, any distribution conduits for the HVAC system serving the Premisesroof, any supplemental air conditioning unitsfoundations, any private lavatory floors, floor coverings, slabs, exterior and any public lavatories located on floors leased entirely to Tenantinterior walls, showerentrances, toiletglass, washbasin window molding and kitchen facilitiespanes, and all plumbing serving or connected to such systems or facilitiesfixtures, and will make all required repairs thereto and/or replacements of portions thereofpartitions and ceilings, excepting only for those repairs exterior and interior painting, structural systems, load bearing or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due exterior walls, mechanical equipment including HVAC, plumbing equipment, fire alarms and suppression system (if applicable), interior lighting, exterior lighting attached to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinarywater, structural orgas, non-structuralsewer and utility systems and lines from the meters, when necessitated by Tenant’sloading docks, or its subtenant’s or assignee’sdoors, moving property in or out of the Building or installation or removal of furnituredoor openers, fixtures or other property or by the performance by Tenantequipment, or its subtenant or assigneemachinery, of any alterations or other work in the Premisesappliances, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs signs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premisesappurtenances thereof. Tenant shall be responsible for all maintenance of the cost HVAC at all times after delivery of the Building to Tenant. Tenant shall adhere to all repainting applicable governmental regulations regarding proper containment and all repairs, maintenance disposal of trash and replacement of wall, ceiling and floor coverings in the Premisesgarbage. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs or replacements within thirty (30) days after such demand and/or approval of plans and specifications (if applicable) or by Landlord to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required to do so) make or cause such repairs or replacements 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 provided that Landlord shall use reasonable efforts to minimize interference comply with the conduct requirements of Tenant’s business this Section 8.1, Tenant does not commence and any diligently prosecute to completion such loss or damage (but 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 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 obligation 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 employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay on the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred Commencement Date all warranties received by Landlord relating to such workthe 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 all fringe benefits and other elements of such pay ratesroof or equipment, for such labor and 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 other out-of-pocket overtime costs or expenses reasonably incurred)construction warranties Landlord may have against the general contractor who constructed the Building. If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that 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 will within thirty (30) days is conditional upon Tenant’s timely payment of demandRent and otherwise being in compliance with the terms of this Lease. Should an event of default on the part of Tenant occur, pay Landlord may, in its discretion by notice to Landlord as Additional Rent the cost thereofTenant, together with interest thereon at the Lease Interest Ratecause any transferred warranties to revert to Landlord.

Tenant’s Repairs and Maintenance. (a) Tenant covenants and agrees that, from and after the Commencement Date date that possession of the Premises is delivered to Tenant and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements common areas or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning unitsunits installed by or on behalf of Tenant or any other Tenant Party, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or Article 12 of this Lease or unless due to Landlord’s negligence or willful misconductLease. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the negligent acts acts, omission, misuse, neglect or willful acts improper conduct of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs or replacements within thirty (30) days after such demand and/or approval of plans and specifications (if applicable) or to complete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required to do so) make or cause such repairs or replacements 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 provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of such pay rates, for such labor and any other out-of-pocket overtime costs or expenses reasonably incurred)thereof. If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will within thirty (30) days of forthwith, on demand, pay to Landlord as Additional Rent the cost thereof, together with interest thereon at the Lease Interest Rate.